[Rev. 3/19/2013 2:08:33 PM]

Link to Page 2080

 

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ê1991 Statutes of Nevada, Page 2081 (Chapter 634, AB 229)ê

 

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the Fernley Preservation Society the sum of $10,000 for the restoration of the train depot in Fernley.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1991.

 

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CHAPTER 635, AB 255

Assembly Bill No. 255–Committee on Commerce

CHAPTER 635

AN ACT relating to chiropractic; making various changes regarding the Nevada state board of chiropractic examiners and the practice of chiropractic; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each chiropractic physician or chiropractor’s assistant licensed by the board shall:

      (a) File with the board the address of each office where he practices; and

      (b) Notify the board, in writing, of a change in the location of any of those offices within 15 days after the change.

      2.  If the licensee does not have an office for his practice, he shall provide the board with the address of his principal residence.

      Sec. 1.5.  (Deleted by amendment.)

      Sec. 2.  NRS 634.043 is hereby amended to read as follows:

      634.043  1.  The board shall appoint an executive director who serves at the pleasure of the board and is entitled to receive such compensation as may be fixed by the board.

      2.  The board may:

      [1.] (a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      [2.] (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      [3.] (c) Enter and inspect any chiropractic office in this state in order to enforce the provisions of this chapter.

      Sec. 3.  NRS 634.070 is hereby amended to read as follows:

      634.070  1.  All applicants for licenses to practice chiropractic in Nevada must be examined semiannually by the board. Examinations must be held at such places within the state and at such times as are fixed by the board.

      2.  The examinations must be written and oral, practical and demonstrative and cover the following subjects:


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ê1991 Statutes of Nevada, Page 2082 (Chapter 635, AB 255)ê

 

      (a) Chapter 634 of NRS and regulations of the board;

      (b) [Laboratory procedures and interpretation;

      (c) Neurological examination;

      (d) Nutrition;

      (e) Orthopedic examination;

      (f) Physical examination with demonstration;

      (g) Technique] The technique for taking X-rays, including the positioning of the body, and interpretation of X-rays; [and

      (h)] (c) Chiropractic technique with a demonstration [.] ; and

      (d) Clinical competency and case management.

      Sec. 4.  NRS 634.080 is hereby amended to read as follows:

      634.080  1.  An applicant for examination must file an application not less than [30] 60 days before the date of the examination.

      2.  Applications must be filed with the secretary of the board on forms to be furnished by the secretary.

      3.  Applications must be verified and must state the following:

      (a) When and where the applicant was born and the various places of his residence, and must give at least two references in each place in which he has resided since attaining the age of 21 years.

      (b) The name, age, sex and place of residence of the applicant.

      (c) The names and post office addresses of all persons by whom the applicant has been employed for a period of 5 years immediately preceding the making of the application.

      (d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state [;] and, if so, when and where and the results [thereof.] of the application.

      (e) If the applicant is a naturalized citizen, and when and where naturalized.

      (f) How long the applicant has resided in the State of Nevada [;] and whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic.

      (g) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state [;] and, if so, [and he has been licensed to practice chiropractic in another state, he shall state] whether any discharge, dismissal, disciplinary or other similar proceedings [of a like nature] have ever been instituted against him. Such an applicant shall also attach a certificate of the secretary of the [board of chiropractic examiners] chiropractic board of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.

      (h) The applicant’s general and chiropractic education, including the schools attended and the time of attendance at each school, and whether [or not] he is a graduate of any school or schools.

      Sec. 5.  NRS 634.090 is hereby amended to read as follows:

      634.090  1.  An applicant must, in addition to the requirements of NRS 634.080, furnish satisfactory evidence to the board that he:


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ê1991 Statutes of Nevada, Page 2083 (Chapter 635, AB 255)ê

 

      (a) Is of a good moral character and, if licensed to practice chiropractic in another state, possesses a good professional reputation; [and]

      (b) Has a high school education and is a graduate from a college of chiropractic accredited by the Council on Chiropractic Education whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours [and embraces] of credit which includes instruction in each of the following subjects:

             (1) Anatomy [, bacteriology, chiropractic theory and practice, diagnosis and chiropractic analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and physiotherapy.] ;

             (2) Bacteriology;

             (3) Chiropractic theory and practice;

             (4) Diagnosis and chiropractic analysis;

             (5) Elementary chemistry and toxicology;

             (6) Histology;

             (7) Hygiene and sanitation;

             (8) Obstetrics and gynecology;

             (9) Pathology;

             (10) Physiology; and

             (11) Physiotherapy; and

      (c) Holds:

             (1) Certificates which indicate that he has passed parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners; or

             (2) An active license issued by a chiropractic board of a state in which the qualifications are equal to or higher than those required for certification by the National Board of Chiropractic Examiners for all subjects included in parts I, II and III, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners.

      2.  Except as otherwise provided in subsection 3, every applicant is required to submit evidence of his successful completion of not less than [2 years’ education in] 60 credit hours at an accredited college or university.

      3.  Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection 2.

      Sec. 6.  NRS 634.100 is hereby amended to read as follows:

      634.100  1.  An applicant for a license to practice chiropractic in the State of Nevada [whether by examination or reciprocity,] must pay to the secretary of the board a fee of $100.

      2.  An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject is entitled to a license to practice chiropractic.

      3.  If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit must be given on this examination for all subjects previously passed with a grade of 75 percent or higher.


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ê1991 Statutes of Nevada, Page 2084 (Chapter 635, AB 255)ê

 

      4.  An applicant for a certificate as a chiropractor’s assistant [shall] must pay to the secretary of the board a sum designated by the board, not to exceed $100, before the application may be considered.

      Secs. 6.2. and 6.4.  (Deleted by amendment.)

      Sec. 6.6.  NRS 634.127 is hereby amended to read as follows:

      634.127  No chiropractor may [employ] supervise more than two chiropractor’s assistants at the same time.

      Sec. 7.  NRS 634.130 is hereby amended to read as follows:

      634.130  1.  Licenses and certificates must be renewed annually. Each person licensed to practice chiropractic must, upon the payment of the fee provided for in this section, be granted a renewal certificate which authorizes him to continue to practice for 1 year.

      2.  Every person holding a valid license and actively practicing chiropractic in this state, whether on a full-time or part-time basis, must pay a renewal fee not to exceed $200. Every person who holds a valid license in this state but does not actively practice chiropractic must pay a renewal fee not to exceed $50. Every chiropractor’s assistant must pay a renewal fee not to exceed $100.

      3.  Each renewal fee must be paid to the board on or before January 1 of the year to which it applies.

      4.  A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar of at least [10] 12 hours approved or endorsed by the board, with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician or doctor of medicine certifying that the licensee is suffering from a serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the [annual licensing] renewal date [.] of his license.

      5.  If a licensee fails to pay his renewal fee by January 1 , [or] fails to submit proof of continuing education pursuant to subsection 4 [,] or fails to notify the board of a change in the location of his office pursuant to section 1 of this act, his license is automatically suspended and may be reinstated only upon the payment of a reinstatement fee of $100 in addition to the renewal fee.

      Sec. 8.  NRS 634.160 is hereby amended to read as follows:

      634.160  The board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the [secretary] executive director of the board.

      Sec. 9.  NRS 634.170 is hereby amended to read as follows:

      634.170  1.  When a complaint is filed with the [secretary] executive director of the board, it must be considered by the president [and the secretary of the board.] or a member of the board designated by him. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the [secretary] executive director shall cause written notice of the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing.


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ê1991 Statutes of Nevada, Page 2085 (Chapter 635, AB 255)ê

 

notice of the charges in the complaint to be served upon the person charged at least 20 days before the date fixed for the hearing.

      2.  If the complaint is not deemed by the president [and the secretary] or designated member of the board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person charged, the complaint must be held in abeyance and discussed at the next meeting of the board.

      Sec. 10.  NRS 634.110 is hereby repealed.

 

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CHAPTER 636, AB 194

Assembly Bill No. 194–Committee on Government Affairs

CHAPTER 636

AN ACT relating to the attorney general; establishing a revolving account for unexpected expenses related to litigation; limiting the use of the money in the account; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created a revolving account for the office of attorney general in the sum of $5,000, which must be used for payment of expenses related to litigation which are unexpected and require prompt payment and for no other purposes.

      2.  The attorney general shall deposit the money in the revolving account in a bank qualified to receive deposits of public funds as provided by law and the deposit must be secured by a depository bond satisfactory to the state board of examiners.

      3.  The attorney general or his designee may sign all checks drawn upon the revolving account.

      4.  Payments made from the revolving account must be promptly reimbursed from the legislative appropriation, if any, to the attorney general for special litigation expenses. The claim for reimbursement must be processed and paid as other claims against the state are paid.

      Sec. 2.  1.  The attorney general may transfer from the amount appropriated to the special litigation account of the attorney general for fiscal year 1991-92, to the revolving account for the office of the attorney general created pursuant to section 1 of this act, the sum of $5,000.

      2.  Notwithstanding any other provision of law, the sum transferred to the revolving account for the office of the attorney general pursuant to subsection 1 may be committed for expenditure after June 30, 1992, and does not revert to the state general fund.


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ê1991 Statutes of Nevada, Page 2086 (Chapter 636, AB 194)ê

 

      Sec. 3.  This act becomes effective on July 1, 1991.

 

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CHAPTER 637, AB 103

Assembly Bill No. 103–Assemblymen Evans, Dini, Myrna Williams, Arberry, Callister, McGaughey, Price, Spitler, Little, Heller, Bennett, Sader, Garner, Porter, Bache, Carpenter, Wendell Williams, Kerns, McGinness, Lambert, Haller, Anderson, Petrak, Johnson, Norton, Krenzer, Stout, Marvel, Freeman and Elliott

CHAPTER 637

AN ACT relating to education; creating the fund for the enhancement of occupational education; requiring the state board of education to establish certain courses of study in occupational education; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created in the state treasury the fund for the enhancement of occupational education to be administered by the state board for occupational education. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      2.  Money in the fund must be used for programs of occupational education for pupils. The money may be used to establish classes to introduce pupils to occupations in general, and to improve occupational classes for pupils. The state board for occupational education shall adopt courses of study establishing minimum standards for those programs and classes.

      3.  Money in the fund must not be:

      (a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or

      (b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.

      Sec. 2.  NRS 388.380 is hereby amended to read as follows:

      388.380  [The] 1.  Except as otherwise provided in subsection 2, the board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:

      [1.] (a) Establish and maintain occupational schools or classes giving instruction in the subjects approved by the state board for occupational education.

      [2.] (b) Raise and expend money for the establishment and maintenance of occupational schools or classes.

      2.  The board of trustees of each school district shall incorporate into the curriculum:

      (a) Occupational guidance and counseling; and

      (b) Technology, in accordance with the courses of study adopted by the state board pursuant to sections 5 and 6 of this act.


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ê1991 Statutes of Nevada, Page 2087 (Chapter 637, AB 103)ê

 

in accordance with the courses of study adopted by the state board pursuant to sections 5 and 6 of this act.

      Sec. 3.  NRS 388.400 is hereby amended to read as follows:

      388.400  1.  The money for occupational education must be provided for and raised in manner specified in NRS 387.050 and 388.330 to 388.400, inclusive [.] , and section 1 of this act.

      2.  The state treasurer is the custodian of the money and [he] shall make disbursements therefrom on warrants of the state controller issued upon the order of the executive officer of the state board for occupational education.

      Sec. 4.  Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5.  1.  The state board shall, by regulation, establish a course of study in occupational guidance and counseling.

      2.  The board of trustees of each school district shall establish the curriculum for the course of study in that district. The curriculum must be organized and, with the assistance of teachers, administrators, pupils, parents and the business community, coordinated by licensed school counselors who shall provide instruction and activities designed to:

      (a) Promote normal growth and development.

      (b) Promote positive mental and physical health.

      (c) Provide each pupil with knowledge and skills which permit him to control his own destiny.

      (d) Assist each pupil to plan, monitor and manage his personal, educational and occupational development.

      (e) Meet the immediate needs and concerns of each pupil, whether his needs or concerns require counseling, consultation, referral or information.

      (f) Provide counselors, teachers and support staff with the knowledge and skills required to maintain and improve the course.

      (g) Provide such other related assistance and instruction as is deemed necessary.

      3.  The instruction required by this section must be made available for each pupil in grades 7 to 12, inclusive.

      4.  The board of trustees in each school district shall organize and offer the curriculum within the limits of money made available to the district by the legislature for that purpose.

      Sec. 6.  1.  The state board shall, by regulation, establish a course of study in technology.

      2.  The course of study may:

      (a) Include such subjects as the latest technological advances in the areas of:

             (1) Agriculture;

             (2) Medicine;

             (3) Processing and preserving food;

             (4) Processing information;

             (5) Photography;

             (6) Graphic and electronic communications;

             (7) Construction;

             (8) Energy; and

             (9) Manufacturing and transportation; and


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ê1991 Statutes of Nevada, Page 2088 (Chapter 637, AB 103)ê

 

      (b) Provide pupils with the opportunity to design, develop, maintain and operate technological systems in these areas.

      3.  The instruction required by this section must be made available to each pupil before his completion of the 8th grade. The board of trustees of a school district may direct that the course of study be given over a 3-year period during the 6th, 7th and 8th grades.

      4.  The board of trustees in each school district shall incorporate into the curriculum the course of study within the limits of money made available to the district by the legislature for that purpose.

      Sec. 7.  NRS 389.010 is hereby amended to read as follows:

      389.010  [Boards] Except as otherwise provided in sections 5 and 6 of this act, boards of trustees of school districts shall enforce in schools the courses of study prescribed and adopted by the state board . [of education.]

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the state board of education:

      (a) The sum of $100,000 for the purchase of computer equipment for at least 50 rural and urban pilot programs to provide career, education and labor market information to middle school and high school pupils as they prepare to enter the work force or higher education pursuant to section 5 of this act.

      (b) The sum of $1,666,110 for the purchase of equipment and instructional materials for use by the local school districts in providing the course of study in technology required pursuant to section 6 of this act.

      2.  The appropriations made pursuant to this section must not be considered when determining the amount of money available for salaries of teachers or employees of the local school districts.

      3.  Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 9.  This act becomes effective upon passage and approval.

 

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ê1991 Statutes of Nevada, Page 2089ê

 

CHAPTER 638, AB 82

Assembly Bill No. 82–Committee on Taxation

CHAPTER 638

AN ACT relating to taxation; revising the provisions governing the estimate and certification of population for apportionment of certain tax revenue; standardizing the provisions governing the filing of a claim for a tax exemption on real property; revising the provisions governing the exemption from property taxes of drainage ditches, canals and irrigation systems; clarifying various provisions concerning the assessment of property; making various other changes concerning property taxes; repealing the prospective change in population classifications governing the number of members on the county boards of equalization; revising the procedure for the distribution of fees collected for the registration of motorboats; clarifying the exemptions from property taxes for certain charitable corporations; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.280 is hereby amended to read as follows:

      360.280  1.  All county assessors shall:

      (a) Adopt and put in practice the manuals and regulations established and prescribed by the Nevada tax commission governing the assessment of property.

      (b) Keep assessment rolls or tax lists in the form and manner prescribed by the department.

      (c) Use and require property owners to use [the blank] property statement forms [prescribed] approved by the department for [making property returns.] reporting personal property.

      (d) Maintain a complete set of maps to accurately describe and illustrate all parcels of land as provided in chapter 361 of NRS.

      2.  Board of county commissioners shall supply books, blanks and statements in the prescribed form for the use of county assessors.

      Sec. 1.5.  NRS 360.283 is hereby amended to read as follows:

      360.283  1.  The department shall adopt regulations to establish a method of determining annually the population of each city and county in this state and estimate the population of each city and county pursuant to those regulations.

      2.  [On or before October 30 of each year, the] The department shall issue [a] an annual report of the estimated population of each city and county in this state.

      3.  Any city or county in this state may [, on or before December 14 of each year,] petition the department to revise the estimated population of that city or county. The department shall by regulation establish a procedure to review each petition and to appeal the decision on review.

      4.  The department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each city and county in this state, and submit its determination to the governor.

      5.  The department shall employ a demographer to assist in the determination of population pursuant to this section and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this state.


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ê1991 Statutes of Nevada, Page 2090 (Chapter 638, AB 82)ê

 

      Sec. 2.  NRS 360.285 is hereby amended to read as follows:

      360.285  1.  For the purposes of this Title, the governor shall, on or before [February] March 1 of each year, certify the population of each city and county in this state from the determination submitted to him [in the preceding year] by the department.

      2.  Where any tax is collected by the department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the department shall use the populations certified by the governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before that date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.

      Sec. 3.  NRS 361.070 is hereby amended to read as follows:

      361.070  1.  Drainage ditches and canals, together with the lands which are included in the rights of way of the ditch or canal, are exempted from taxation [.] and must be excluded from the assessed value of the parcel unless otherwise requested by the owner of the property.

      2.  Each part of a permanently installed irrigation system of pipes or [concrete-lined] concrete linings of ditches and headgates to increase efficiency and conservation in the use of water, when the water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of the pipes or [concrete-lined ditches,] concrete linings is exempted from taxation [.

      3.  For any assessment made after July 1, 1989, any value added by a drainage ditch, a canal, the land included in the rights of way of the drainage ditch or canal, or a part of a permanently installed irrigation system must be excluded from the assessed value of the property regardless of the date the ditch, canal or irrigation system was installed.] and must be excluded from the assessed value of the parcel.

      Sec. 4.  NRS 361.077 is hereby amended to read as follows:

      361.077  1.  All property, both real and personal, is exempt from taxation to the extent that the property is used as a facility, device or method for the control of air or water pollution.

      2.  As used in this section, “facility, device or method for the control of air or water pollution” means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of the use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.

      3.  An used in this section, “facility, device or method for the control of air or water pollution” does not include:


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ê1991 Statutes of Nevada, Page 2091 (Chapter 638, AB 82)ê

 

      (a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.

      (b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.

      (c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or by-product, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.

      4.  The exemption may be allowed only to a person who files an affidavit declaring that the property for which the exemption is being sought meets the requirements of subsection 1. The affidavit must be filed [, on or before August 1 of the year preceding the year for which the tax is levied, with the Nevada tax commission.] with the claim for the exemption pursuant to NRS 361.155.

      5.  The department shall prepare and publish a report each fiscal year showing:

      (a) The assessed value of properties within each county which are exempt from taxation under this section;

      (b) The loss in tax revenues to the state general fund and to each local taxing entity from the exemption; and

      (c) Such other information as the department may deem relevant to indicate the effect of the loss of tax revenue on the state and on local taxing entities.

Each county assessor shall provide the department with the data it needs to complete the report required by this section.

      Sec. 5.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or

      (b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section the first $1,000 assessed valuation of property in which such a person has any interest shall be deemed the property of that person.

      3.  The exemption may be allowed only to a claimant who files an affidavit [annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the secured tax roll, but the] with his claim for exemption on real property pursuant to NRS 361.155.


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ê1991 Statutes of Nevada, Page 2092 (Chapter 638, AB 82)ê

 

The affidavit may be filed at any time by a person claiming exemption from taxation on person property.

      4.  The affidavit must be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 that the exemption is claimed in no other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the county assessors shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof, of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, he is guilty of a gross misdemeanor.

      Sec. 6.  NRS 361.091 is hereby amended to read as follows:

      361.091  1.  An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veteran’s exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.

For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has [made] filed an affidavit [annually, on or before November 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the tax roll; but the] with his claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state.


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ê1991 Statutes of Nevada, Page 2093 (Chapter 638, AB 82)ê

 

affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state. After the filing of the original affidavit, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require him to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or

      (c) A certificate from the Veterans’ Administration or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;

      (b) The disabled veteran was eligible for the exemption at the time of his death; and

      (c) The surviving spouse has not remarried.

The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption.

      7.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      8.  If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.

      Sec. 7.  NRS 361.100 is hereby amended to read as follows:

      361.100  [1.] All real property owned by any fraternity or sorority, or chapter thereof, which is composed of students of the University of Nevada, Reno, or the University of Nevada, Las Vegas, and used as a home for its members is exempt from taxation.

      [2.  After an initial claim for a tax exemption authorized by subsection 1 has been filed as provided in NRS 361.155, no further claim for the tax exemption need be filed by any claimant with the county assessor. No county assessor may demand that a further claim for such a tax exemption be filed with him as a condition precedent to his allowing the exemption.


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ê1991 Statutes of Nevada, Page 2094 (Chapter 638, AB 82)ê

 

      3.  Whenever any exempt property is sold or ceases to be exempt from taxation by reason of the provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith notify the county assessor of such fact.]

      Sec. 8.  NRS 361.125 is hereby amended to read as follows:

      361.125  1.  [Churches,] Except as otherwise provided in subsection 2, churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, owned by some recognized religious society or corporation, and parsonages so owned, are exempt from taxation . [; but]

      2.  Except as otherwise provided in NRS 361.157, when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the property must be taxed.

      [2.  After an initial claim for a tax exemption authorized by subsection 1 has been filed as provided in NRS 361.155, no further claim for tax exemption need be filed by any claimant with the county assessor. No county assessor may demand that a further claim for such a tax exemption be filed with him as a condition precedent before allowing such tax exemption.

      3.  Whenever any exempt property is sold or ceases to be exempt from taxation by reason of the provisions of subsection 1 of NRS 361.157 or 361.159, the owner thereof shall forthwith notify the county assessor of such fact.]

      Sec. 8.5.  NRS 361.140 is hereby amended to read as follows:

      361.140  1.  In addition to the corporations defined by law to be charitable corporations there are hereby included:

      (a) Any corporation whose objects and purposes are religious, educational or for public charity and whose funds have been derived in whole or substantial part from [public donations,] grants or other donations from governmental entities or donations from the general public, or both, not including donations from any officer or trustee of the corporation; and

      (b) Any corporation prohibited by its articles of incorporation from declaring or paying dividends, and where the money received by it is devoted to the general purpose of charity and no portion of the money is permitted to inure to the benefit of any private person engaged in managing the charity, except reasonable compensation for necessary services actually rendered to the charity, and where indigent persons without regard to race or color may receive medical care and attention without charge or cost.

      2.  All buildings belonging to a corporation defined in subsection 1, together with the land actually occupied by the corporation for the purposes described and the personal property actually used in connection therewith, are exempt from taxation when used solely for the purpose of the charitable corporation.

      Sec. 9.  NRS 361.155 is hereby amended to read as follows:

      361.155  1.  [Except as otherwise provided for a specific exemption, all] All claims for personal tax exemptions on real property and the initial claim of an organization for a tax exemption on real property must be filed on or before [November 1 of the year preceding the year for which the tax is levied.]


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ê1991 Statutes of Nevada, Page 2095 (Chapter 638, AB 82)ê

 

levied.] June 15. All exemptions provided for under this chapter apply on a fiscal year basis and any exemption granted under this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      2.  [Any tax exemption granted pursuant to this chapter for real property which is transferred to a new owner before June 15, or any other date designated for this purpose by the board of county commissioners, must be reviewed and, if appropriate, adjusted or removed from the tax roll for the next succeeding fiscal year.] Each claim for an exemption provided for under this chapter must be filed with the county assessor of the county in which:

      (a) The claimant resides for personal tax exemptions; or

      (b) The organization’s principal business office is located for the tax exemption of an organization,

regardless of the location of the property for which the exemption is claimed.

      3.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

      4.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 3, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years must be added.

      Sec. 10.  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. 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 as a residence, 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.  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;


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ê1991 Statutes of Nevada, Page 2096 (Chapter 638, AB 82)ê

 

      (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;

      (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;

      (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;

      (h) The use of exempt property that is leased, loaned or made available to a public officer or employee, incident to or in the course of public employment;

      (i) A parsonage owned by a recognized religious society or corporation when used exclusively as a parsonage; [or]

      (j) Property owned by a charitable or religious organization all or a portion of which is made available to and is used as a residence by a natural person in connection with carrying out the activities of the organization [.] ;

      (k) Property owned by a governmental entity and used to provide shelter at a reduced rate to elderly persons or persons with low incomes;

      (l) The occasional rental of meeting rooms or similar facilities for periods of less than 30 consecutive days; or

      (m) The use of exempt property to provide day care for children if the day care is provided by a nonprofit organization.

      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, 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. 11.  NRS 361.260 is hereby amended to read as follows:

      361.260  1.  Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll.

      2.  [Any] At any time before the lien date for the following fiscal year, the county assessor may include additional personal property and mobile homes on the secured tax roll if the owner of the personal property or mobile home owns real property within the same taxing district which has an assessed value that is equal to or greater than the taxes for 3 years on the personal property or mobile home, plus penalties. Personal property and mobile homes in the county on July 1, but not on the secured tax roll for the current year, must be placed on the unsecured tax roll for the current year.


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ê1991 Statutes of Nevada, Page 2097 (Chapter 638, AB 82)ê

 

      3.  An improvement on real property in existence on [the following] July 1 whose existence was not ascertained in time to be placed on the secured roll for that tax year and which is not governed by subsection [3] 4 must be placed on the unsecured tax roll.

      [3.] 4.  The value of any property apportioned among counties pursuant to NRS 361.320, 361.321 and 361.323 must be added to the central assessment roll at the assessed value established by the Nevada tax commission or as established pursuant to an appeal to the state board of equalization.

      [4.] 5.  In arriving at the taxable value of all public utilities of an intra-county nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.

      [5.] 6.  In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying a factor for improvements, if any, and a factor for land to the assessed value for the preceding year. The factor for improvements must reasonably represent the change, if any, in the taxable value of typical improvements in the area since the preceding year, and must take into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. The factor for land must be so chosen that the median ratio of the assessed value of the land to the taxable value of the land in each area subject to the factor is not less than 30 percent nor more than 35 percent.

      [6.] 7.  The county assessor shall physically reappraise all real property at least once every 5 years.

      Sec. 12.  NRS 361.345 is hereby amended to read as follows:

      361.345  1.  [The] Except as otherwise provided in subsection 2, the county board of equalization may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether that valuation was fixed by the owner or the county assessor.

      2.  Where the person complaining of the assessment of his property has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by this chapter, [no] or has refused entry to the assessor for the purpose of conducting the physical examination required by NRS 361.260, the county assessor shall make a reasonable estimate of the property and assess it accordingly. No reduction may be made by the county board of equalization from the assessment of the county assessor [.

      2.] made pursuant to this subsection.

      3.  If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.


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ê1991 Statutes of Nevada, Page 2098 (Chapter 638, AB 82)ê

 

      Sec. 13.  NRS 361.357 is hereby amended to read as follows:

      361.357  1.  The owner of any property who believes that the full cash value of his property is less than the taxable value computed for the property in the current assessment year, may, before January 15 of the fiscal year in which the assessment was made, appeal to the county board of equalization. If the county board of equalization finds that the full cash value of the property is less than the taxable value computed for the property, the board shall correct the land value or fix a percentage of obsolescence to be deducted each year from the otherwise computed taxable value [,] of the improvements, or both, to make the taxable value of the property correspond as closely as possible to its full cash value.

      2.  No appeal under this section may result in an increase in the taxable value of the property.

      Sec. 14.  NRS 361.484 is hereby amended to read as follows:

      361.484  1.  As used in this section, “acquired” means acquired either by purchase and deed or by condemnation proceedings pursuant to chapter 37 of NRS.

      2.  Taxes levied on real property which is acquired by the Federal Government or the state or any of its political subdivisions must be abated ratably for the portion of the fiscal year in which the real property is owned by the Federal Government or the state or its political subdivision.

      3.  For the purposes of abatement, the Federal Government or the state or its political subdivision shall be deemed to own real property acquired by purchase commencing with the date the deed is recorded and to own real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.

      [4.  When property is acquired by the Federal Government or the state or any of its political subdivisions before determination of the assessed value or combined tax rate for the taxable year in which acquired, the county assessor shall compute the taxes and amount of abatement using the assessed value, combined tax rate, or both, of the preceding taxable year.]

      Sec. 15.  NRS 361.562 is hereby amended to read as follows:

      361.562  1.  [If the purchaser or repossessor of a mobile home does not pay the personal property tax thereon, upon taking or retaking possession, he shall, within 30 days from the date of its purchase or repossession:

      (a) Pay to the county assessor all personal property taxes which the assessor is required to collect against the mobile home and its contents, except as otherwise provided in subsection 3 of NRS 361.483; or

      (b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his real and personal property. In this case, the personal property taxes which the county assessor is required to collect against the mobile home and its contents for the fiscal year in which it is purchased, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll.

      2.  The county assessor shall collect the tax required to be paid by subsection 1, in the manner prescribed by law for the collection of other personal property taxes, except as provided in paragraph (b) of subsection 1 and except as to mobile homes as provided in subsection 3 of NRS 361.483.]


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ê1991 Statutes of Nevada, Page 2099 (Chapter 638, AB 82)ê

 

except as to mobile homes as provided in subsection 3 of NRS 361.483.] Each purchaser or repossessor of a mobile home and each person who brings a mobile home into the state shall report that mobile home to the county assessor within 30 days after the date of its purchase, repossession or entry into the state.

      2.  If the county assessor determines that the mobile home is:

      (a) Migratory property, he shall assess it pursuant to NRS 361.505.

      (b) Nonmigratory property, he shall assess it pursuant to NRS 361.260.

      Sec. 16.  NRS 361.5641 is hereby amended to read as follows:

      361.5641  Whenever any person:

      1.  Who has purchased a mobile home on which he is required to pay a personal property tax under the provisions of NRS 361.562 , [or 361.563,] establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home which he has sold or exchanged, the county assessor shall allow as a credit 1/12 of the tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home on which the tax was paid.

      2.  Has paid a personal property tax on a mobile home to the state of his prior residence, the county assessor shall allow a 1/12 reduction in the tax for the current fiscal year for each calendar month that the person has paid such a tax in the other state.

      Sec. 17.  NRS 361.5643 is hereby amended to read as follows:

      361.5643  [1.  Except as otherwise provided in subsection 2, upon] Upon compliance by the purchaser or repossessor of a mobile home with the provisions of NRS 361.562 [, 361.563] or 361.5642 the county assessor shall deliver forthwith to the purchaser or repossessor of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which must be of a design and affixed in such manner as is prescribed by the department.

      [2.  Upon payment of a quarterly installment, the county assessor shall issue the appropriate decal.]

      Sec. 18.  NRS 361.5644 is hereby amended to read as follows:

      361.5644  1.  If the purchaser, repossessor or other owner of a mobile home fails to comply with the provisions of subsection 1 of NRS 361.562 or with the provisions of NRS [361.563 or] 361.5642 within the required time the county assessor shall collect a penalty, which must be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:

      (a) If the tax on a mobile home is paid within 1 month after it is due, $3, and if paid on any unit or vehicle mentioned in NRS 361.561 within 1 month, $1.

      (b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed, and if paid on any unit or vehicle mentioned in NRS 361.561 more than 1 month after it is due, $1 for each such month.

      2.  If any person required to pay a personal property tax under the provisions of NRS 361.562 [, 361.563] or 361.5642 neglects or refuses to pay the tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home upon which the taxes are due and proceed in accordance with the provisions of NRS 361.535.


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ê1991 Statutes of Nevada, Page 2100 (Chapter 638, AB 82)ê

 

      3.  The tax is due and the tax and any penalty must be computed for each fiscal year from:

      (a) The date of purchase within or importation into this state, under NRS 361.562 . [and 361.563.]

      (b) July 1, under NRS 361.5642.

      Sec. 19.  NRS 361.768 is hereby amended to read as follows:

      361.768  1.  Whenever an overassessment of real or personal property appears upon the secured tax roll of any county because of a factual error concerning its existence , [on July 1,] zoning, use, size [or age,] or age or legal or physical restrictions on its use or the partial or complete destruction or removal of an improvement or secured personal property as of the lien date on July 1,

the county assessor shall make a report thereof to the board of county commissioners of the county.

      2.  The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:

      (a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and

      (b) Serve a copy of the order on the county treasurer, who shall make the necessary refunds or adjustments to the tax bill and correct the secured tax roll.

Only the secured property tax rolls for the current and the succeeding tax year may be so corrected.

      Sec. 20.  NRS 361.770 is hereby amended to read as follows:

      361.770  1.  If newly constructed real property is not assessed on the secured assessment roll for the current tax year and the roll has been closed [or accounted for,] pursuant to NRS 361.310, the county assessor of any county wherein the property is located [may] shall assess the property as personal property and give his receipt for the taxes paid thereon in the amount received by him. If the amount of the taxes exceeds $100, they may be paid in quarterly installments as provided in NRS 361.483.

      2.  An assessment may be made at any time between July 1 and December 15. The receipt issued by the county assessor must specify the description of the property, together with the year for which the tax is paid.

      3.  Any taxes for property assessed pursuant to this section which become delinquent must be treated in the same manner as if the property had been placed on the secured roll.

      4.  The receipt issued by the county assessor is conclusive evidence for the payment of all taxes against the property described for the year named on the receipt and is a complete defense to any action for taxes which may be brought for the period covered by the receipt.

      Sec. 21.  Chapter 361A of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.

      Sec. 22.  1.  If the county assessor determines that the deferred tax for any fiscal year or years was not assessed in the year it became due, he may assess it anytime within 5 fiscal years after the end of the fiscal year in which a parcel or portion of a parcel was converted to a higher use.


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ê1991 Statutes of Nevada, Page 2101 (Chapter 638, AB 82)ê

 

      2.  If the county assessor determines that a parcel was assessed for agricultural use rather than at full taxable value for any fiscal year in which it did not qualify for agricultural assessment, he may assess the deferred tax for that year anytime within 5 years after the end of that fiscal year.

      3.  A penalty equal to 20 percent of the total accumulated deferred tax described in subsections 1 and 2 must be added for each of the years in which the owner failed to provide the written notice required by NRS 361A.270.

      Sec. 23.  1.  The deferred tax and penalty assessed pursuant to NRS 361A.280 and section 22 of this act are a perpetual lien until paid as provided in NRS 361.450. If the property continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earlier year then expires. The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to NRS 361A.280. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.

      2.  If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must be canceled.

      3.  The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.

      4.  Each year, the county assessor must record a list of parcel numbers and owner’s names for all parcels on which a lien exists pursuant to subsection 1.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  NRS 361A.090 is hereby amended to read as follows:

      361A.090  1.  It is the intent of the legislature to:

      (a) Constitute agricultural and open-space real property as a separate class for taxation purposes; and

      (b) Provide a separate plan for:

             (1) Appraisal and valuation of such property for assessment purposes; and

             (2) Partial deferred taxation of such property with tax recapture as provided in NRS 361A.280 [.] and section 22 of this act.

      2.  The legislature hereby declares that it is in the best interest of the state to maintain, preserve, conserve and otherwise continue in existence adequate agricultural and open-space lands and the vegetation thereon to assure continued public health and the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and its citizens.

      Sec. 26.  NRS 361A.150 is hereby amended to read as follows:

      361A.150  1.  The county assessor shall enter on the assessment roll the valuation based on agricultural use until the property becomes disqualified for agricultural use assessment by:

      (a) Notification by the applicant to the assessor to remove the agricultural use assessment [;] pursuant to NRS 361A.270;

      (b) Sale or transfer to an owner making it exempt from ad valorem property taxation;


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ê1991 Statutes of Nevada, Page 2102 (Chapter 638, AB 82)ê

 

      (c) Removal of the agricultural use assessment by the assessor upon discovery that the property is no longer in agricultural use; or

      (d) Failure to file an application as provided in NRS 361A.110.

      2.  Except as otherwise provided in paragraph (b) of subsection 1, the sale or transfer to a new owner or transfer by reason of death of a former owner does not operate to disqualify agricultural real property from agricultural use assessment so long as the property continues to be used exclusively for agricultural use, if the new owner applies for agricultural use assessment in the manner provided in NRS 361A.110.

      3.  Within 30 days after agricultural real property becomes disqualified under subsection 1, the county assessor shall send a written notice of disqualification by certified mail with return receipt requested to each owner of record. The notice must contain the nonagricultural assessed value for the [next following] first secured tax roll [.] following disqualification that is not closed at the time of disqualification.

      4.  If, in addition to being disqualified, the property was converted to a higher use, the nonagricultural assessment becomes effective for the fiscal year following the time of conversion and the deferred taxes also become due.

      Sec. 27.  NRS 361A.155 is hereby amended to read as follows:

      361A.155  When any portion of agricultural land is converted to a higher use, the county assessor shall determine its taxable and agricultural use values against which to compute the deferred tax for each fiscal year the property was under agricultural assessment during the current fiscal year and the preceding 6 fiscal years, or such other period as is required pursuant to [subsection 2 of NRS 361A.280.] section 22 of this act. The agricultural use values for each of the years may be based on the agricultural use for the latest year. The taxable values for each year must be comparable for the corresponding years to the taxable values for property similar, including, without limitation, in size, zoning and location, to the portion of property actually converted to a higher use . [at the time of conversion.]

      Sec. 28.  NRS 361A.250 is hereby amended to read as follows:

      361A.250  1.  Any person claiming that any open-space real property is no longer in the approved open-space use may file a complaint and proof of his claim with the board of county commissioners of the county or counties in which the property is located. The complaint and proof [shall] must show the name of each owner of record of the property, its location, description and the use in which it is claimed to be.

      2.  The board shall hear the complaint after 10 days’ notice of the time to the complainant and each owner of the property.

      3.  The board shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted by the county assessor or any other person. The board shall notify the complainant, each owner of the property and the county assessor of its determination within 10 days after the hearing. It shall direct the county assessor to appraise, value and tax the property in the following assessment period in a manner consistent with its determination and the provisions of this chapter and, in appropriate cases, order the tax receiver to collect any amounts due under NRS 361A.280 [.] and section 22 of this act.


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

ê1991 Statutes of Nevada, Page 2103 (Chapter 638, AB 82)ê

 

      4.  The determination of the board may be appealed to the district court by the complainant or the owner of the property as provided in NRS 361A.240.

      Sec. 29.  NRS 361A.265 is hereby amended to read as follows:

      361A.265  1.  An owner of property which has received an agricultural or open-space use assessment may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.

      2.  An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner.

      3.  An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in NRS 361A.273.

      4.  If a parcel that has been created after the secured tax roll has been closed is converted to a higher use, the assessor [may apportion the value of the prior parcel or parcels to the new parcel or parcels and] must change the roll to reflect the changes in the parcel or parcels and assess the new parcel or parcels at taxable value for the following fiscal year. That taxable value must be determined on the basis of what it would have been for the prior parcel or parcels and then apportioned to the new parcel or parcels. The deferred tax must be assessed pursuant to NRS 361A.280.

      Sec. 30.  NRS 361A.270 is hereby amended to read as follows:

      361A.270  1.  Within 30 days after a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment ceases to be used exclusively for agricultural use or the approved open-space use [,] or is converted to a higher use, the owner shall notify the county assessor in writing of the date of cessation or change of that use.

      2.  In addition to the notice required by subsection 1, an owner of agriculturally assessed land who wishes to have a portion of a parcel converted to a higher use rather than the entire parcel must record and transmit to the county assessor a survey of the portion of the parcel to be converted. The survey must be transmitted to the county assessor at the same time as the notice required by subsection 1. The recordation of a survey pursuant to this subsection does not create a new parcel.

      3.  The county assessor shall keep a description of any portion of a parcel that is separately converted to a higher use and a record of the taxes paid on that portion of the parcel with his records for the parcel until the remainder of the parcel is converted to a higher use or the parcel becomes inactive.

      Sec. 31.  NRS 361A.271 is hereby amended to read as follows:

      361A.271  Within 30 days after determining that property has been converted to a higher use, the county assessor shall send a written notice of that determination by certified mail, return receipt requested, to each owner of record. The notice must contain the taxable and assessed values for the next tax roll and all prior years for which a deferred tax or penalty is owed pursuant to NRS 361A.280 [.] or section 22 of this act.


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

ê1991 Statutes of Nevada, Page 2104 (Chapter 638, AB 82)ê

 

      Sec. 32.  NRS 361A.280 is hereby amended to read as follows:

      361A.280  [1.  Upon the filing of a timely notice pursuant to NRS 361A.270 of the cessation of the exclusive agricultural or approved open-space use of a parcel or any portion of a parcel of agricultural land or open-space real property the county assessor shall add to the tax extended against that portion of the property on the next property tax statement the deferred tax, which is the difference between the taxes which would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to NRS 361.227, for each year in which agricultural or open-space use assessment was in effect for the property during the current fiscal year and the preceding 6 fiscal years.

      2.  Upon discovery by a county assessor or receipt of notice pursuant to NRS 361A.270 after 30 days following the date on which] If the county assessor is notified or otherwise becomes aware that a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment [ceases to be used exclusively for agricultural use or the approved open-space use,] has been converted to a higher use the county assessor shall add to the tax extended against that portion of the property on the next property tax statement the deferred tax, which is the difference between the taxes that would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to NRS [361.227,] 361A.155, for each year in which agricultural or open-space use assessment was in effect for the property during the fiscal year in which the property ceased to be used exclusively for agricultural use or approved open-space use and the preceding 6 fiscal years . [and any subsequent years up to and including the current year and in addition thereto assess a penalty equal to 20 percent of the total accumulated deferred tax for each of the years in which the owner failed to give the notice required by NRS 361A.270.

      3.  The deferred tax assessed pursuant to subsection 1 or 2 and penalty assessed pursuant to subsection 2 are a perpetual lien until paid as provided in NRS 361.450; but if the property continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earliest year then expires. The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to subsection 1 or 2. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.

      4.  If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must be canceled.

      5.  The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.] The county assessor shall assess the property pursuant to NRS 361.227 for the next fiscal year following the date of conversion to a higher use.


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

ê1991 Statutes of Nevada, Page 2105 (Chapter 638, AB 82)ê

 

      Sec. 33.  NRS 361A.290 is hereby amended to read as follows:

      361A.290  1.  If there are deferred taxes that have not been paid under the provisions of NRS 361A.265 or 361A.280 or section 22 of this act at the time real property is sold or transferred, the seller must notify the buyer in writing that there is a lien for deferred taxes on the property.

      2.  The owner of the property as of the date on which the deferred taxes become due pursuant to this chapter is liable for the deferred taxes.

      Sec. 34.  NRS 362.040 is hereby amended to read as follows:

      362.040  Upon [presentation of an affidavit, certified by the county recorder, to the county assessor on or before November 1 of the year before the fiscal year for which the assessment has been levied] receipt of an affidavit from the county clerk pursuant to NRS 362.050 stating that at least $100 in development work has been actually performed upon the patented mine or mining claim during the federal mining assessment work period ending within the year before the fiscal year for which the assessment has been levied, the assessor shall exclude from the roll the assessment against the patented mine or mining claim named in the affidavit.

      Sec. 35.  NRS 362.050 is hereby amended to read as follows:

      362.050  1.  To obtain the exemption of the surface of a patented mine or mining claim from taxation ad valorem, pursuant to section 5 of article 10 of the constitution of this state, the owner must [file] submit an affidavit to the county clerk for the county in which the mine is located on or before December 30 covering work done during the 12 months next preceding 12 a.m. on September 1 of that year. The exemption then applies to the taxes for the fiscal year beginning on July 1 following the filing of the affidavit. Upon receipt of such an affidavit, the county clerk shall cause it to be recorded in the office of the county recorder and transmit it to the county assessor.

      2.  The affidavit of labor must describe particularly the work performed, upon what portion of the mine or claim, and when and by whom done, and may be substantially in the following form:

 

State of Nevada                                        }

                                                                    }ss.

County of................................................. }

 

      ................................, being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the ......................... patented mine or mining claim, situated in the ...................................... Mining District, County of ............................, State of Nevada, during the federal mining assessment work period ending within the year 19...... The work was done at the expense of ................................, the owner (or one of the owners) of the patented mine or mining claim, for the purpose of relieving it from the tax assessment. It was performed by ...................................., at about ................. feet in a ................ direction from the monument of location, and was done between the ............


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

ê1991 Statutes of Nevada, Page 2106 (Chapter 638, AB 82)ê

 

and was done between the ............ day of ............, 19......, and the ............ day of ............, 19......, and consisted of the following work:

 

.........................................................................................................................................

.........................................................................................................................................

                                                                        .................................................................

                                                                                              (Signature)

Subscribed and sworn to before me

this ........................ day of ....................., 19......

.............................................................

  Notary Public (or other person

authorized to administer oaths)

      Sec. 36.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the department of wildlife may require. The department of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $5 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat.

 

Less than 13 feet......................................................................................... $10

13 feet or more but less than 18 feet.......................................................... 15

18 feet or more but less than 22 feet.......................................................... 30

22 feet or more but less than 26 feet.......................................................... 45

26 feet or more but less than 31 feet.......................................................... 60

31 feet or more............................................................................................... 75

 

Except as otherwise provided in this subsection, all fees received by the department of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the department shall deposit with the respective county [treasurers] school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. [The county treasurers shall credit the money so deposited for the use of their respective county’s school district.] Upon receipt of the application in approved form, the department of wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.


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

ê1991 Statutes of Nevada, Page 2107 (Chapter 638, AB 82)ê

 

ownership stating the same information and the name and address of the registered owner and the legal owner.

      3.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      4.  The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      5.  The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is $7.50.

      Sec. 37.  NRS 489.531 is hereby amended to read as follows:

      489.531  1.  The division shall not issue a certificate of ownership of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home as situated at the time of sale has endorsed on the certificate that all personal property taxes due on that manufactured home or mobile home in that county for any part of the [12 months immediately preceding the date of the sale] fiscal year in which the sale occurred have been paid.

      2.  Every certificate of ownership issued for a used manufactured home or mobile home must contain a warning, printed or stamped on its face, to the effect that title to a used manufactured home or used mobile home does not pass until the county assessor of the county in which the manufactured home or mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes due on that manufactured home or mobile home in that county for any part of the [12 months immediately preceding the date of sale] fiscal year in which the sale occurred have been paid.

      Sec. 38.  1.  NRS 361.175, 361.563, 361.564 and 362.080 are hereby repealed.

      2.  Section 50 of chapter 796, Statutes of Nevada 1989, at page 1920, is hereby repealed.

      Sec. 39.  Section 6 of Senate Bill No. 62 of this session is hereby amended to read as follows:

       Sec. 6.  NRS 360.283 is hereby amended to read as follows:

       360.283  1.  The department shall adopt regulations to establish a method of determining annually the population of each township, city and county in this state and estimate the population of each township, city and county pursuant to those regulations.

       2.  The department shall issue an annual report of the estimated population of each township, city and county in this state.

       3.  Any city or county in this state may petition the department to revise the estimated population of that city or county. No such petition may be filed on behalf of a township. The department shall by regulation establish a procedure to review each petition and to appeal the decision on review.


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

ê1991 Statutes of Nevada, Page 2108 (Chapter 638, AB 82)ê

 

       4.  The department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each township, city and county in this state, and submit its determination to the governor.

       5.  The department shall employ a demographer to assist in the determination of population pursuant to this section and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this state.

      Sec. 40.  Section 7 of Senate Bill No. 62 of this session is hereby amended to read as follows:

       Sec. 7.  NRS 360.285 is hereby amended to read as follows:

       360.285  1.  For the purposes of this Title, the governor shall, on or before March 1 of each year, certify the population of each township, city and county in this state from the determination submitted to him by the department.

       2.  Where any tax is collected by the department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the department shall use the populations certified by the governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before that date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.

      Sec. 41.  The requirement in subsection 2 of NRS 361.155, as amended by this act, concerning the place at which a claim for exemption must be filed, applies only to claims initially filed after July 1, 1991.

      Sec. 42.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 639, SB 656

Senate Bill No. 656–Committee on Natural Resources

CHAPTER 639

AN ACT relating to petroleum products; amending chapter 179, Statutes of Nevada 1991, to advance its effective date; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179, Statutes of Nevada 1991, is hereby amended by adding thereto a new section to read as follows:

       Sec. 12.  This act becomes effective on July 1, 1991.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 2109ê

 

CHAPTER 640, SB 640

Senate Bill No. 640–Committee on Finance

CHAPTER 640

AN ACT relating to making an appropriation to the legislative fund; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $800,000.

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

 

________

 

 

CHAPTER 641, SB 630

Senate Bill No. 630–Committee on Finance

CHAPTER 641

AN ACT relating to the department of human resources; eliminating the division for review of health resources and costs of the department; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of human resources is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) Aging services division.

      (b) [Division for review of health resources and costs.

      (c)] Health division.

      [(d)] (c) Mental hygiene and mental retardation division.

      [(e)] (d) Rehabilitation division.

      [(f)] (e) Welfare division.

      [(g)] (f) Youth services division.

      3.  The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 2.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

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

             (3)] The administrator of the health division;

             [(4)] (3) The administrator of the rehabilitation division;

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


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

ê1991 Statutes of Nevada, Page 2110 (Chapter 641, SB 630)ê

 

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

      (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 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.

      (c) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

      (d) 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. 3.  NRS 439A.010 is hereby amended to read as follows:

      439A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [439A.0105] 439A.011 to 439A.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 439A.081 is hereby amended to read as follows:

      439A.081  1.  The department is the agency of the State of Nevada for health planning and development, and shall carry out the state administrative program and perform the functions of health planning and development for the state in accordance with the following priorities:

      (a) Providing for the effective use of methods for controlling increases in the cost of health care;

      (b) Providing for the adequate supply and distribution of health resources;

      (c) Providing for equal access to [quality] health care of good quality at a reasonable cost; and

      (d) Providing [the public] education to the public regarding proper personal health care and methods for the effective use of available health services.

The department shall consult with and assist the council.

      2.  In order to carry out the provisions of this chapter, the director may:

      (a) Delegate the duties of the director and the department pursuant to this chapter to [the administrator and the division;] any of the divisions of the department;

      (b) Hire employees in the classified service;

      (c) Adopt such regulations as are necessary; and

      (d) Apply for, accept and disburse money granted by the Federal Government for the purposes of health planning and development.

      3.  The department may, by regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of [any] such fees must be based upon the department’s costs of examining and acting upon the applications.

      4.  In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for health planning and development.


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

ê1991 Statutes of Nevada, Page 2111 (Chapter 641, SB 630)ê

 

      Sec. 5.  NRS 439A.087 is hereby amended to read as follows:

      439A.087  The chief research and statistical analyst:

      1.  Is appointed by and is responsible to the [administrator.] director.

      2.  Must be selected with special reference to his training, experience and aptitude for researching and providing statistical analysis on programs of health care. His knowledge and abilities must include one or more of the following:

      (a) A comprehensive knowledge of epidemiologic methods, measures and approaches.

      (b) A comprehensive knowledge of designs for conducting research and techniques for surveying and sampling.

      (c) A comprehensive knowledge of techniques of statistical analysis and their appropriate uses.

      (d) Ability to organize and present oral and written communication to the director, the legislature and other pertinent officers and other persons.

      Sec. 6.  NRS 439A.106 is hereby amended to read as follows:

      439A.106  The [division] department shall prepare quarterly and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The [division] department shall report annually to the legislative committee on health care on or before December 1 regarding the effects of legislation on the costs of health care and on the manner of its provision.

      Sec. 7.  NRS 439B.010 is hereby amended to read as follows:

      439B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [439B.020] 439B.030 to 439B.150, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 439B.320 is hereby amended to read as follows:

      439B.320  1.  A hospital shall provide, without charge, in each fiscal year, care for indigent inpatients in an amount which represents 0.6 percent of its net revenue for the hospital’s preceding fiscal year.

      2.  The [division] department shall compute the obligation of each hospital for care of indigent inpatients for each fiscal year based upon the net revenue of the hospital in its preceding fiscal year and shall provide this information to the board of county commissioners of the county in which the hospital is located.

      3.  The board of county commissioners shall maintain a record of discharge forms submitted by each hospital located within the county, together with the amount accruing to the hospital. The amount accruing to the hospital for the care, until the hospital has met its obligation pursuant to this section, is the highest amount the county is paying to any hospital in the county for that care. Except as otherwise provided in subsection 2 of NRS 439B.330, no payment for indigent care may be made to the hospital until the total amount so accruing to the hospital exceeds the minimum obligation of the hospital for the fiscal year, and a hospital may only receive payment from the county for indigent care provided in excess of its obligation pursuant to this section. After a hospital has met its obligation pursuant to this section, the county may reimburse the hospital for care of indigent inpatients at any rate otherwise authorized by law.


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

ê1991 Statutes of Nevada, Page 2112 (Chapter 641, SB 630)ê

 

      Sec. 9.  NRS 439B.340 is hereby amended to read as follows:

      439B.340  1.  Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the [division] department a report showing:

      (a) The total number of inpatients treated by each such hospital who are claimed by the hospital to be indigent;

      (b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;

      (c) The total amount paid to each such hospital for treatment of such patients; and

      (d) The amount the hospital would have received for patients for whom no reimbursement was provided.

      2.  The [administrator] director shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:

      (a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the [administrator] director shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the [administrator] director shall determine the number based upon the report submitted pursuant to subsection 1 of this section.

      (b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment.

      (c) Adding the products of the calculations made pursuant to paragraphs (a) and (b) for all treatment provided.

If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. Upon receiving satisfactory proof from a hospital that a decision of a county regarding the indigent status of one or more inpatients is pending appeal pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until the court hearing the appeal renders its decision.

      3.  If the [administrator] director determines that a hospital has met its obligation to provide treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the [administrator.] director. The county shall pay the hospital for such treatment within 30 days after receipt of the certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.

      4.  The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied.


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

ê1991 Statutes of Nevada, Page 2113 (Chapter 641, SB 630)ê

 

must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice, except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:

      (a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and

      (b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.

      5.  Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59811, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.

      Sec. 10.  NRS 439B.440 is hereby amended to read as follows:

      439B.440  1.  The director may by regulation require hospitals, other health facilities and providers of health services to submit such information as is reasonably necessary for the director [and the division] to carry out the provisions of this chapter.

      2.  Except as otherwise provided in subsection 3, the director shall by regulation require an examination of a hospital by an independent auditor appointed by the director to ensure compliance with this chapter. The audits must be scheduled on a regular basis but not more often than once each year. The hospital shall pay the costs of the audit. A hospital may contract with the auditor to conduct other work for the hospital in connection with the audit.

      3.  The director shall not require an audit of a hospital which has less than 200 beds or is subject to the provisions of chapter 450 of NRS. The director shall by regulation require such a hospital to submit audits of the hospital on a regular basis but not more often than once each year.

      4.  If a hospital fails to comply with any regulation adopted pursuant to this section or the director has reason to believe the hospital has violated any provision of this chapter, the director may conduct an examination or contract for an independent examination of the hospital to determine whether it is in compliance with those provisions. The hospital which is the subject of such an examination is responsible for payment of the costs of the examination if the director determines that the hospital did violate a provision of this chapter.

      5.  Any person who fails to submit information as required by any regulation adopted pursuant to this chapter to the department [or the division] or fails to submit to an audit or examination pursuant to this section is subject to an administrative fine of not more than $1,000 per violation per day until the required information is submitted or the person submits to the audit or examination.


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ê1991 Statutes of Nevada, Page 2114 (Chapter 641, SB 630)ê

 

      Sec. 11.  NRS 449.450 is hereby amended to read as follows:

      449.450  As used in NRS 449.450 to 449.530, inclusive, unless the context otherwise requires:

      1.  [“Administrator” means the administrator of the division.

      2.] “Admitted health insurer” means an insurer authorized to transact health insurance in this state under a certificate of authority issued by the commissioner of insurance.

      [3.] 2.  “Department” means the department of human resources.

      [4.] 3.  “Director” means the director of the department.

      [5.  “Division” means the division for review of health resources and costs of the department.

      6.] 4.  “Institution” means any person, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities.

      Sec. 12.  NRS 449.460 is hereby amended to read as follows:

      449.460  The director may:

      1.  Adopt regulations respecting the exercise of the powers conferred by NRS 449.450 to 449.530, inclusive.

      2.  Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of NRS 449.450 to 449.530, inclusive, and may subpena witnesses, financial papers, records and documents in connection therewith. The director may also administer oaths in any hearing or investigation.

      3.  Exercise, subject to the limitations and restrictions imposed in NRS 449.450 to 449.530, inclusive, all other powers which are reasonably necessary to carry out the expressed objects of those sections.

      4.  Delegate to [the administrator] any of the divisions of the department the authority to carry out the provisions of NRS 449.450 to 449.530, inclusive.

      Sec. 13.  NRS 439A.0105, 439A.0127, 439B.020 and 439.080 are hereby repealed.

      Sec. 14.  Section 1 of chapter 175, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  NRS 232.320 is hereby amended to read as follows:

       232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

             (2) The administrator of the health division;

             (3) The administrator of the rehabilitation division;

             (4) The state welfare administrator; and

             (5) The administrator of the youth services division.

       (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 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.


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

ê1991 Statutes of Nevada, Page 2115 (Chapter 641, SB 630)ê

 

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.

       (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

             (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

             (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.

       (d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

       [(d)] (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

       (f) 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. 15.  Section 25 of Assembly Bill No. 495 of this session is hereby amended to read as follows:

       Sec. 25.  NRS 232.320 is hereby amended as follows:

       232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

             (2) The administrator of the health division;

             (3) The administrator of the rehabilitation division;


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ê1991 Statutes of Nevada, Page 2116 (Chapter 641, SB 630)ê

 

             (4) The state welfare administrator; and

             (5) The administrator of the youth services division.

       (b) Shall administer, through the divisions of the department, the provisions of chapters 210, [422] 423 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 422.070 to 422.410, inclusive, and section 16 of this act, and NRS 444.003 to 444.430, inclusive, and 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.

       (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

             (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

             (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.

       (d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

       (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

       (f) 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. 16.  This act becomes effective on July 1, 1991.

 

________


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ê1991 Statutes of Nevada, Page 2117ê

 

CHAPTER 642, SB 626

Senate Bill No. 626–Senator Titus

CHAPTER 642

AN ACT relating to insurance; requiring an insurer to notify an insured if a change of his zip code by the post office will affect his rate premiums; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 686B of NRS is hereby amended by adding thereto a new section to read as follows:

      Each insurer shall notify its policyholders, in a manner which the commissioner shall prescribe by regulation, if the policyholders’ premiums for insurance will be materially increased or decreased because the zip code assigned to the address of the policyholder is changed by the United States Postal Service.

      Sec. 2.  NRS 686B.020 is hereby amended to read as follows:

      686B.020  As used in NRS 686B.010 to 686B.175, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Market segment” means any line or kind of insurance or, if it is described in general terms, any subdivision thereof or any class of risks or combination of classes.

      2.  “Rate service organization” means any person, other than an employee of an insurer, who assists insurers in rate making or filing by:

      (a) Collecting, compiling and furnishing loss or expense statistics;

      (b) Recommending, making or filing rates or supplementary rate information; or

      (c) Advising about rate questions, except as an attorney giving legal advice.

      3.  “Supplementary rate information” includes any manual or plan of rates, statistical plan, classification, rating schedule, minimum premium, policy fee, rating rule, rule of underwriting relating to rates and any other information prescribed by rule of the commissioner.

 

________


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ê1991 Statutes of Nevada, Page 2118ê

 

CHAPTER 643, SB 611

Senate Bill No. 611–Committee on Finance

CHAPTER 643

AN ACT relating to the department of human resources; abolishing the youth services division of the department; creating a division of child and family services within the department; providing for the assignment of certain powers and duties of the department to the division of child and family services; temporarily requiring the department to provide special education programs and related services to certain handicapped persons; requiring certain studies relating to children; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

      whereas, Services provided by the department of human resources for children and families are currently scattered throughout different divisions within the department; and

      whereas, This organizational structure for services for children and families often results in fragmented or inappropriate delivery of services; and

      whereas, The establishment of a division of child and family services within the department, to house all services provided by the department to children and families in Nevada, will provide a more effective and integrated system for delivery of such services; and

      whereas, The establishment of such a division, to be most effective, should include the immediate transfer of the children’s resource bureau from the office of the director, all services and programs of the current youth services division, and the case management and related family support services from the welfare division, and the gradual transfer of other services for children and families from the welfare division and the mental hygiene and mental retardation division over the next biennium; and

      whereas, The effects of the transfer of services should be reviewed by an interim legislative committee which can prepare recommendations for additional statutory changes for the next session of the legislature; now, therefore,

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The director may assign to the division of child and family services any of the powers and duties of the:

      (a) Welfare division of the department relating to:

             (1) The adoption of children, or the placement of children for adoption or permanent free care, pursuant to chapter 127 of NRS;

             (2) The provision of, or the placement of children for, protective services, foster care or other services pursuant to chapter 62, 125A, 128, 424 or 432B of NRS; and

             (3) The provision of services for the welfare of children pursuant to chapter 422 or 432 of NRS; and


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ê1991 Statutes of Nevada, Page 2119 (Chapter 643, SB 611)ê

 

      (b) Mental hygiene and mental retardation division of the department relating to the provision of services for the mental health of children pursuant to chapter 210, 433, 433A or 436 of NRS,

if such an assignment of powers and duties is necessary for the division of child and family services to accomplish the purposes and carry out the duties set forth in NRS 232.400.

      2.  Any assignment of powers and duties pursuant to this section must be made by written order of the director, stating with particularity the specific powers and duties assigned and the statutory provisions applicable to those powers and duties.

      3.  To the extent that any of the powers and duties referred to in subsection 1 are assigned to the division of child and family services, any reference to:

      (a) The welfare division of the department and the state welfare administrator; or

      (b) The mental hygiene and mental retardation division of the department and the administrator of that division,

in any provision of NRS applicable to the assigned powers and duties shall be deemed to refer to the division of child and family services and the administrator of that division.

      4.  Any action taken by a division of the department, including the issuance of a license, before its authority to take such an action is assigned to the division of child and family services pursuant to this section remains in effect as if taken by the division of child and family services.

      5.  Any regulation adopted by a division of the department before its authority to adopt such a regulation is assigned to the division of child and family services pursuant to this section remains in effect as if adopted by the division of child and family services.

      Sec. 3.  1.  The department, through the division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of juvenile development and for programs to prevent, combat and control delinquency. The administrator, with the approval of the director, may develop state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for those programs. In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for those programs and the conditions attached to that money, and the limitations of legislative appropriations for the programs.

      2.  The administrator shall cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes described in this section and shall cause to be paid out of the state treasury the money therein deposited for those purposes.

      Sec. 4.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.460, inclusive, and sections 2 and 3 of this act, unless the context requires otherwise:

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

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

      Sec. 5.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The department of human resources is hereby created.


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ê1991 Statutes of Nevada, Page 2120 (Chapter 643, SB 611)ê

 

      2.  The department consists of a director and the following divisions:

      (a) Aging services division.

      (b) Division for review of health resources and costs.

      (c) Health division.

      (d) Mental hygiene and mental retardation division.

      (e) Rehabilitation division.

      (f) Welfare division.

      (g) [Youth services division.] Division of child and family services.

      3.  The department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 6.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

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

             (3) The administrator of the health division;

             (4) The administrator of the rehabilitation division;

             (5) The state welfare administrator; and

             (6) The administrator of the [youth services division.] division of child and family services.

      (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 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.

      (c) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

      (d) 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. 7.  NRS 232.350 is hereby amended to read as follows:

      232.350  Unless federal law or regulation requires otherwise:

      1.  The chiefs of the divisions of the department , except as otherwise provided in subsection 2, may each appoint a deputy and a chief assistant in the unclassified service of the state . [unless federal law or regulation requires otherwise.]

      2.  The administrator of the division of child and family services of the department may appoint two deputies in the unclassified service of the state.

      Sec. 8.  NRS 232.400 is hereby amended to read as follows:

      232.400  1.  The [purpose] purposes of the [youth services] division of child and family services in the department [is to provide] are to:

      (a) Provide a comprehensive state system for the coordination and provision of services to children and families who need assistance relating to juvenile justice and the care, welfare and mental health of children.


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ê1991 Statutes of Nevada, Page 2121 (Chapter 643, SB 611)ê

 

      (b) Aid in the preservation, rehabilitation and reunification of families.

      (c) Ensure that children are placed in the least restrictive environment available which is appropriate to their needs.

      (d) Provide services for youth who are in need of residential care or in need of treatment or both.

      2.  In accomplishing [this purpose,] its purposes, the division shall [work] :

      (a) Establish and operate a central, comprehensive state system for:

             (1) The diagnosis and assessment of the needs of particular children and families, including those in need of multiple services;

             (2) The referral of children and families to appropriate services; and

             (3) The management and monitoring of cases in which children and families are referred to multiple services.

      (b) Provide services for the support of families to:

             (1) Maintain the integrity of families;

             (2) Ensure that children are not unnecessarily removed from their homes; and

             (3) Ensure that families are reunited as soon as practicable after the removal of children from their homes.

      (c) Ensure that a sufficient range of services is available to provide care and treatment to children and families in the least restrictive setting appropriate to their needs.

      (d) Work closely with other governmental agencies and with public and private agencies providing the same or similar [service.

      2.  The department, through the division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of juvenile development and for programs to prevent, combat and control delinquency. The administrator, subject to approval by the director, may develop state plans, make reports to the Federal Government and comply with such other conditions as may be imposed by the Federal Government for the receipt of assistance for such programs. In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for the programs and the conditions attached, and the limitations of legislative appropriations for the programs.

      3.  The administrator shall cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes described in this section and shall cause to be paid out of the state treasury the money therein deposited for those purposes.

      4.] services.

      3.  The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.

      [5.] 4.  The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or have otherwise come into contact with law enforcement agencies.


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ê1991 Statutes of Nevada, Page 2122 (Chapter 643, SB 611)ê

 

contact with law enforcement agencies. The administrator of the division is responsible for observing and evaluating the success of those programs.

      Sec. 9.  NRS 232.410 is hereby amended to read as follows:

      232.410  As used in NRS 232.400 to 232.460, inclusive, and sections 2 and 3 of this act, unless the context requires otherwise:

      1.  “Administrator” means the administrator of the division.

      2.  “Division” means the [youth services] division of child and family services of the department.

      Sec. 10.  NRS 232.420 is hereby amended to read as follows:

      232.420  The [youth services] division of child and family services in the department consists of an administrator and the following bureaus:

      1.  Nevada youth training center bureau.

      2.  Caliente youth center bureau.

      3.  Northern Nevada children’s home bureau.

      4.  Southern Nevada children’s home bureau.

      5.  Bureau of services for child care.

      6.  Youth parole bureau.

      Sec. 11.  NRS 232.430 is hereby amended to read as follows:

      232.430  The administrator [shall] must be appointed on the basis of his education, training, experience, demonstrated abilities and his interest in [youth] the provision of services to children and families and related programs.

      Sec. 12.  NRS 232.440 is hereby amended to read as follows:

      232.440  1.  The administrator shall appoint, with the approval of the director, a chief of each of the bureaus in the division. The chiefs are designated respectively as:

      (a) The superintendent of the Nevada youth training center;

      (b) The superintendent of the Caliente youth center;

      (c) The superintendent of the northern Nevada children’s home;

      (d) The superintendent of the southern Nevada children’s home;

      (e) The chief of the bureau of services for child care; and

      (f) The chief of the youth parole bureau.

      2.  The administrator is responsible for the administration, through the division, of the provisions of chapters 210 and 423 of NRS , [and] NRS 232.400 to 232.460, inclusive, and section 3 of this act, any provisions with regard to which powers and duties have been assigned to the division pursuant to section 2 of this act, and all other provisions of law relating to the functions of the division , but is not responsible for the professional activities of the components of the division except as specifically provided by law.

      Sec. 13.  NRS 233D.030 is hereby amended to read as follows:

      233D.030  1.  The governor’s advisory council on youth, consisting of five members appointed by the governor, is hereby created within the department of human resources.

      2.  At least one of the members must be between the ages of 15 and 21 years.

      3.  No more than two members of the council may be residents of the same county.

      4.  The governor shall designate a chairman from among the members.


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ê1991 Statutes of Nevada, Page 2123 (Chapter 643, SB 611)ê

 

      5.  The administrator of the [youth services] division of child and family services of the department of human resources shall serve ex officio as a member of the council and as the council’s executive secretary.

      Sec. 14.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:

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

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

      (c) Commit the child to the custody of the [youth services] division of child and family services of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children, if the child is between the ages of 8 and 12, and but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center.

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

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

      (f) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

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

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


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ê1991 Statutes of Nevada, Page 2124 (Chapter 643, SB 611)ê

 

      (i) Impose a fine on the child.

      2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:

      (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

      (b) Impose any other punitive measures the court determines to be in the best interests of the public.

      3.  If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:

      (a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and

      (b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.

A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.

      4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      5.  Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      Sec. 15.  NRS 62.321 is hereby amended to read as follows:

      62.321  1.  Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child while in such custody, when approved by order of the court, is a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent must be paid by the state from money budgeted for by and appropriated to the Caliente youth center bureau of the [youth services] division of child and family services of the department of human resources. A commitment must not be made to such a private institution until the court has ascertained from the superintendent of the institution that sufficient money is available for such compensation. This subsection does not prohibit the payment of compensation by the Caliente youth center bureau from money appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.

      2.  Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent pay, in such a manner as the court may direct and within the parent’s ability to pay, a sum of money to cover in whole or in part the support of the child. If the parent willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.


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ê1991 Statutes of Nevada, Page 2125 (Chapter 643, SB 611)ê

 

willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.

      3.  Whenever the court orders the parent or parents of a child to pay for the support of a child, as provided in this section, the money must be paid to the superintendent or fiscal officer of the institution to which the child is committed.

      Sec. 16.  NRS 62.325 is hereby amended to read as follows:

      62.325  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 by 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 child and family services of the department of human resources.

      (b) “Regional facility for children” includes:

             (1) The institution in Douglas County known as China Spring 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 Caliente youth center.

      Sec. 17.  NRS 62.327 is hereby amended to read as follows:

      62.327  1.  Except as otherwise provided in subsection 7, each county shall pay an assessment for the operation of each regional facility for children that is partially supported by the state and is operated by a county whose population is less than 400,000.

      2.  The assessment owed by each county equals the total amount budgeted by the legislature for the operation of the facility, minus any money appropriated by the legislature for the support of the facility, divided by the total number of pupils in the state in the preceding school year, excluding pupils in counties whose population is 400,000 or more, and multiplied by the number of pupils in the assessed county. The administrator of the division shall calculate the assessment owed by each county in June of each year for the ensuing fiscal year.

      3.  Each county must pay the assessed amount to the division in quarterly installments that are due the first day of the first month of each calendar quarter.

      4.  The administrator of the division shall deposit the money received pursuant to subsection 3 in a separate account in the state general fund. The money in the account may only be withdrawn by the administrator for the operation of regional facilities for children.


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ê1991 Statutes of Nevada, Page 2126 (Chapter 643, SB 611)ê

 

      5.  As used in this section:

      (a) “Division” means the [youth services] division of child and family services of the department of human resources.

      (b) “Regional facility for children” includes:

             (1) The institution in Douglas County known as China Spring Youth Camp; and

             (2) Any other institution established and maintained for the care of minors adjudged delinquent and committed thereto, except the Nevada youth training center and the Caliente youth center.

      6.  Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

      7.  The provisions of this section do not apply to a county whose population is 400,000 or more.

      Sec. 18.  NRS 210.010 is hereby amended to read as follows:

      210.010  As used in NRS 210.010 to 210.290, inclusive:

      1.  “Administrator” means the administrator of the [youth services] division of child and family services in the department of human resources.

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

      3.  “School” means the Nevada youth training center, established and maintained for the care of minors adjudged delinquent and committed thereto.

      4.  “Superintendent” means the superintendent of the school.

      5.  “Youth parole bureau” means the youth parole bureau of the [youth services] division of child and family services in the department of human resources.

      Sec. 19.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive:

      1.  “Administrator” means the administrator of the [youth services] division of child and family services in the department of human resources.

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

      3.  “School” means the Caliente youth center.

      4.  “Superintendent” means the superintendent of the school.

      5.  “Youth parole bureau” means the youth parole bureau of the [youth services] division of child and family services in the department of human resources.

      Sec. 20.  NRS 210.730 is hereby amended to read as follows:

      210.730  As used in NRS 210.735 to 210.760, inclusive, “youth parole bureau” means the youth parole bureau of the [youth services] division of child and family services in the department of human resources.

      Sec. 21.  NRS 210.735 is hereby amended to read as follows:

      210.735  The chief of the youth parole bureau may:

      1.  Appoint such employees as are necessary to carry out the functions of the bureau.

      2.  With the approval of the administrator of the [youth services] division of child and family services in the department of human resources, enter into contracts with colleges, universities and other organizations for : [the purposes of:]

      (a) Research in the field of delinquency and crime prevention.


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ê1991 Statutes of Nevada, Page 2127 (Chapter 643, SB 611)ê

 

      (b) Training special workers, including parole officers and social workers, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in the fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.

      Sec. 22.  NRS 210.750 is hereby amended to read as follows:

      210.750  1.  Each person who is paroled from the Nevada youth training center or the Caliente youth center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.

      2.  The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in federally insured accounts in banks or savings and loan associations. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator of the [youth services] division of child and family services of the department of human resources as the administrator may require.

      3.  When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.

      4.  Before the chief recommends that the committing court revoke a person’s parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, that there is not enough money available for support of the person at the center [,] or that the person is not suitable for admission to the center, the chief shall report that fact to the court and recommend a suitable alternative.

      Sec. 23.  NRS 277.065 is hereby amended to read as follows:

      277.065  1.  Within the limits of legislative appropriations, the department of education, the county school districts of the various counties of the state, and the Nevada youth training center bureau and the Caliente youth center bureau of the [youth services] division of child and family services of the department of human resources may enter into cooperative arrangements for improving the quality of the academic and occupational education provided at the Nevada youth training center and Caliente youth center.

      2.  This authorization includes the right to pay over money appropriated to the Nevada youth training center or Caliente youth center to the department of education or to a county school district when necessary to accomplish the purpose of this section.

      Sec. 24.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  No automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the state board of examiners.

      2.  All such automobiles may be used for official purposes only.

      3.  All such automobiles, except:


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ê1991 Statutes of Nevada, Page 2128 (Chapter 643, SB 611)ê

 

      (a) Automobiles maintained for and used by the governor;

      (b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety and investigators of the state gaming control board and the attorney general;

      (c) One automobile used by the department of prisons;

      (d) Two automobiles used by the Caliente youth center;

      (e) Three automobiles used by the Nevada youth training center; and

      (f) Four automobiles used by the youth parole bureau of the [youth services] division of child and family services of the department of human resources,

must be labeled by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.

      4.  Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.

      Sec. 25.  Chapter 395 of NRS is hereby amended by adding thereto the provisions set forth as sections 26, 27 and 28 of this act.

      Sec. 26.  “Director” means the director of the department of human resources.

      Sec. 27.  “Related services” means room, board, transportation and such developmental, corrective and other supportive services, as may be required pursuant to minimum standards prescribed by the state board of education, to assist a handicapped person to benefit from a special education program.

      Sec. 28.  “School district” means a county school district created pursuant to chapter 386 of NRS.

      Sec. 29.  NRS 395.001 is hereby amended to read as follows:

      395.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [395.004 and] 395.008 and sections 26, 27 and 28 of this act have the meanings ascribed to them in those sections.

      Sec. 30.  NRS 395.010 is hereby amended to read as follows:

      395.010  1.  The department of human resources shall, with the approval and under the supervision of the superintendent of public instruction [may provide for the education and care of] , provide a special education program and related services to any handicapped person who is suffering from an emotional illness, a traumatic brain injury or autism and who is otherwise eligible for such benefits pursuant to this chapter. The superintendent of public instruction shall provide a special education program and related services to all other handicapped persons who are eligible for such benefits pursuant to this chapter.

      2.  The director and the superintendent of public instruction may carry out the duties required by subsection 1 by:

      (a) Making arrangements with the governing body of any institution for the handicapped in any state having any such institution.

      (b) Placing the handicapped person in a foster home or other residential facility , located in or outside of [this state having] the school district in which the handicapped person resides, that can provide an appropriate special education program and related services for his particular handicap.


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ê1991 Statutes of Nevada, Page 2129 (Chapter 643, SB 611)ê

 

which the handicapped person resides, that can provide an appropriate special education program and related services for his particular handicap.

      [2.] 3.  The director and the superintendent of public instruction may make all necessary contracts, in accordance with any regulations the state board of [education] examiners may prescribe, to carry out the provisions of this [chapter.] section.

      Sec. 31.  NRS 395.020 is hereby amended to read as follows:

      395.020  A handicapped person is eligible to receive the benefits provided [by] pursuant to this chapter if:

      1.  He is a resident of the State of Nevada;

      2.  He is under [21] 22 years of age, [but] except that where the enrollment period for the school year is before his [21st] 22nd birthday, he remains eligible to complete that school year irrespective of his age;

      3.  The department of education has prescribed minimum standards for the provision of a special education [of] program and related services to persons with such a handicap; and

      4.  [A] His school district:

      (a) Has prepared an appropriate plan for the individualized education of the handicapped person; and

      (b) Is unable to provide an appropriate special education program and related services for his particular handicap and grade or level of education . [is not available within his school district.]

      Sec. 32.  NRS 395.030 is hereby amended to read as follows:

      395.030  1.  An adult handicapped person eligible to receive benefits [under] pursuant to this chapter or a parent, guardian or other person having the care, custody or control of a handicapped person who is eligible may file an application for those benefits with the board of trustees of the school district in which the handicapped person is a resident.

      2.  If the board of trustees is satisfied that the school district is unable to provide an appropriate special education program and related services for the particular handicap and grade or level of education of the handicapped person , [is not available in the school district,] the board shall certify that fact and transmit the application to the superintendent of public instruction.

      Sec. 33.  NRS 395.040 is hereby amended to read as follows:

      395.040  1.  Upon receipt and review of an application for benefits, the superintendent of public instruction [shall make the necessary arrangements for the education and care of the handicapped person pursuant to subsection 1 of NRS 395.010. Before making such arrangements the superintendent of public instruction] may cause a medical, psychological or educational examination of the handicapped person to be conducted at state expense to determine the nature and extent of the handicap.

      2.  [The] If the superintendent of public instruction [shall obtain a certificate of approval from the state welfare administrator before placing a handicapped person in any home other than the home of a person related to the handicapped person in the third degree of consanguinity or closer.] determines that the school district:

      (a) Has prepared an appropriate plan for the individualized education of the handicapped person; and


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ê1991 Statutes of Nevada, Page 2130 (Chapter 643, SB 611)ê

 

      (b) Is unable to provide an appropriate special education program and related services for the particular handicap and grade or level of education of the handicapped person,

he shall make the arrangements for the provision of a special education program and related services or, if the handicapped person is suffering from an emotional illness, a traumatic brain injury or autism, refer the handicapped person to the director to make such arrangements.

      3.  The superintendent of public instruction has final authority regarding the [placement of] provision of a special education program and related services to any handicapped person.

      Sec. 34.  NRS 395.050 is hereby amended to read as follows:

      395.050  1.  When arrangements for the [education and care of the] provision of a special education program and related services to a handicapped person have been completed by the superintendent of public instruction [, he] or the department of human resources, the superintendent or the director shall advise the board of trustees of the [county] school district to make provision, at the expense of the school district, for transporting the handicapped person to a place designated by the superintendent [.] or the director. The superintendent or the department of human resources shall make necessary arrangements for transporting the handicapped person from the designated place to the institution, foster home or other residential facility and return to the designated place at the expense of the state.

      2.  [Except as provided in subsection 3, the expenses for education and care of the] The provision of a special education program and related services to a handicapped person pursuant to this chapter must be paid by the state [.

      3.  An adult] without any charge to the handicapped person [eligible to receive benefits under this chapter] or to a parent, guardian or other person having the care, custody or control of [a] the handicapped person . [who is eligible:

      (a) May enter into a contract with the superintendent of public instruction to pay a share of the cost of education and care of such handicapped person.

      (b) Is liable for all medical expenses which are incurred while such handicapped person is receiving educational benefits.]

      Sec. 35.  NRS 423.010 is hereby amended to read as follows:

      423.010  As used in this chapter:

      1.  “Administrator” means the administrator of the [youth services] division of child and family services in the department.

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

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

      4.  “Superintendent” means the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home

      Sec. 36.  NRS 432.135 is hereby amended to read as follows:

      432.135  1.  The committee for protection of children is hereby created within the department of human resources.

      2.  The committee consists of the following seven members, with at least one member residing within a county with a population of less than 100,000:


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ê1991 Statutes of Nevada, Page 2131 (Chapter 643, SB 611)ê

 

      (a) The administrator of the [youth services] division of child and family services of the department of human resources;

      (b) A superintendent of a county school district appointed by the director of the department of human resources;

      (c) A director of a local agency providing services for abused or neglected children appointed by the director of the department of human resources;

      (d) A representative of a community organization involved with children, appointed by the director of the department of human resources; and

      (e) Three members of the general public with knowledge of or experience in services to prevent abuse or neglect of children, appointed by the governor.

      Sec. 37.  NRS 432A.020 is hereby amended to read as follows:

      432A.020  [For purposes of] As used in this chapter [:] , unless the context otherwise requires:

      1.  “Board” means the board for child care.

      2.  “Bureau” means the bureau of services for child care of the [youth services] division of child and family services of the department.

      3.  “Chief” means the chief of the bureau.

      4.  “Child care facility” means an establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, for compensation, to five or more children under 18 years of age. “Child care facility” does not include:

      (a) The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or

      (b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.

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

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

      Sec. 38.  NRS 432A.071 is hereby amended to read as follows:

      432A.071  1.  The board for child care is hereby created.

      2.  The board consists of five members appointed by the administrator of the [youth services] division of child and family services of the department with the concurrence of the director.

      Sec. 39.  NRS 481.054 is hereby amended to read as follows:

      481.054  The following officers and employees of state and local government must be certified by the committee:

      1.  The bailiff of the supreme court;

      2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

      3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

      4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

      6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement [powers] conferred by chapters 704, 705 and 706 of NRS;


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ê1991 Statutes of Nevada, Page 2132 (Chapter 643, SB 611)ê

 

      7.  Marshals, policemen and correctional officers of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

      10.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      11.  Members of the police department of the University of Nevada System;

      12.  The assistant and deputies of the state fire marshal;

      13.  The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;

      14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

      15.  The superintendents and correctional officers of the department of prisons;

      16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;

      17.  School police officers employed by the board of trustees of any county school district;

      18.  Agents of the state gaming control board who:

      (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

      (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

      19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;

      20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

      21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

      22.  The personnel of the department of wildlife who exercise those powers of enforcement [powers] conferred by Title 45 and chapter 488 of NRS;

      23.  Legislative police officers of the State of Nevada;

      24.  Police officers of the buildings and grounds division of the department of general services;

      25.  Parole counselors of the [youth services] division of child and family services of the department of human resources;

      26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada;

      27.  Field investigators of the taxicab authority; and

      28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.


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ê1991 Statutes of Nevada, Page 2133 (Chapter 643, SB 611)ê

 

      Sec. 40.  Section 1 of chapter 75, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  NRS 481.054 is hereby amended to read as follows:

       481.054  The following officers and employees of state and local government must be certified by the committee:

       1.  The bailiff of the supreme court;

       2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

       3.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;

       4.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

       5.  Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

       6.  Inspectors employed by the public service commission of Nevada who exercise those powers of enforcement conferred by chapters 704, 705 and 706 of NRS;

       7.  Marshals, policemen and correctional officers of cities and towns;

       8.  Parole and probation officers;

       9.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

       10.  Investigators of arson for fire departments who are specially designated by the appointing authority;

       11.  Members of the police department of the University of Nevada System;

       12.  The assistant and deputies of the state fire marshal;

       13.  The brand inspectors of the state department of agriculture who exercise the powers of enforcement conferred in chapter 565 of NRS;

       14.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are the investigation of arson;

       15.  The superintendents and correctional officers of the department of prisons;

       16.  Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 407.065;

       17.  School police officers employed by the board of trustees of any county school district;

       18.  Agents of the state gaming control board who:

       (a) Exercise the powers of enforcement specified in NRS 463.140 or 463.1405; or

       (b) Investigate a violation of a provision of chapter 205 of NRS in the form of a crime against property of a gaming licensee,

except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

       19.  The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety;


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ê1991 Statutes of Nevada, Page 2134 (Chapter 643, SB 611)ê

 

       20.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.048;

       21.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who exercise the police powers specified in NRS 481.0481;

       22.  The personnel of the department of wildlife who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS;

       23.  Legislative police officers of the State of Nevada;

       24.  Police officers of the buildings and grounds division of the department of general services;

       25.  Parole counselors of the division of child and family services of the department of human resources;

       26.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in Nevada [;] whose official duties require them to enforce court orders on juvenile offenders and make arrests;

       27.  Field investigators of the taxicab authority; and

       28.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests.

      Sec. 41.  Section 1 of chapter 120, Statutes of Nevada 1991, is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:

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

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

       (c) [Commit] If the child is 12 years of age or older, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a correctional or institutional facility.


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

ê1991 Statutes of Nevada, Page 2135 (Chapter 643, SB 611)ê

 

institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.

       (d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children . [, if the child is between the ages of 8 and 12, and but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center.

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

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

       [(f)] (g) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

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

       [(h)] (i) Require the child to provide restitution to the victim of the crime which the child has committed.

       [(i)] (j) Impose a fine on the child.

       2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public.

       3.  If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:

       (a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and

       (b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.


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

ê1991 Statutes of Nevada, Page 2136 (Chapter 643, SB 611)ê

 

A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.

       4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      Sec. 41.5.  Section 1 of Senate Bill No. 589 of this session is hereby amended to read as follows:

       Section 1.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:

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

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

       (c) If the child is 12 years of age or older, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a correctional or institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.

       (d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children.

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


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

ê1991 Statutes of Nevada, Page 2137 (Chapter 643, SB 611)ê

 

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

       (g) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

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

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

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

       2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public.

       3.  If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:

       (a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and

       (b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.

A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.

       4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

      Sec. 42.  Section 1 of Assembly Bill No. 239 of this session is hereby amended to read as follows:

       Section 1.  NRS 232.320 is hereby amended to read as follows:


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

ê1991 Statutes of Nevada, Page 2138 (Chapter 643, SB 611)ê

 

       232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

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

             (3) The administrator of the health division;

             (4) The administrator of the rehabilitation division;

             (5) The state welfare administrator; and

             (6) The administrator of the division of child and family services.

       (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 422 to 427A, inclusive, 432 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.

       (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

             (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

             (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.

       (d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

       [(d)] (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.


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

ê1991 Statutes of Nevada, Page 2139 (Chapter 643, SB 611)ê

 

deems necessary for his performance of the duties imposed upon him pursuant to this section.

       (f) 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. 42.3.  Section 25 of chapter 402, Statutes of Nevada, 1991 is hereby amended to read as follows:

       Sec. 25.  NRS 232.320 is hereby amended to read as follows:

       232.320  1.  Except as otherwise provided in subsection 2, the director:

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

             (1) The administrator of the aging services division;

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

             (3) The administrator of the health division;

             (4) The administrator of the rehabilitation division;

             (5) The state welfare administrator; and

             (6) The administrator of the division of child and family services.

       (b) Shall administer, through the divisions of the department, the provisions of chapters 210, [422] 423 to 427A, inclusive, 432 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 422.070 to 422.410, inclusive, and section 16 of this act, and NRS 444.003 to 444.430, inclusive, and 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.

       (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

             (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

             (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.


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

ê1991 Statutes of Nevada, Page 2140 (Chapter 643, SB 611)ê

 

       (d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

       (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

       (f) 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. 42.5.  Section 5 of Senate Bill No. 609 of this session is hereby amended to read as follows:

       Sec. 5.  NRS 62.211 is hereby amended to read as follows:

       62.211  1.  If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:

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

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

       (c) If the child is 12 years of age or older, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a correctional or institutional facility. The division must notify the parents of the child and the court before transferring a child from one such facility to another.

       (d) If the child is between the ages of 8 and 12 and, but for the age of the child, the court would have committed the child to the Caliente youth center or the Nevada youth training center, commit the child to the custody of the division of child and family services of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children.

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


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

ê1991 Statutes of Nevada, Page 2141 (Chapter 643, SB 611)ê

 

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

       (g) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

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

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

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

       2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:

       (a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.

       (b) Impose any other punitive measures the court determines to be in the best interests of the public.

       3.  If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:

       (a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and

       (b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.

A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.

       4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

       5.  Whenever the court commits a child to any institution or agency pursuant to this section, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

       6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.


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

ê1991 Statutes of Nevada, Page 2142 (Chapter 643, SB 611)ê

 

consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

      Sec. 43.  NRS 395.004 is hereby repealed.

      Sec. 44.  1.  The interim committee for the review of child and family services is hereby created. The interim committee consists of:

      (a) Three members of the senate standing committee on finance appointed by the immediate past chairman of the senate standing committee on finance; and

      (b) Three members of the assembly standing committee on ways and means appointed by the immediate past chairman of the assembly standing committee on ways and means.

      2.  The interim committee may appoint such additional members as the committee deems necessary to provide it with technical assistance. Members appointed pursuant to this subsection serve without compensation and are not entitled to vote on any matter before the interim committee.

      3.  The interim committee shall:

      (a) Designate a chairman from among its membership.

      (b) Meet at the times and places specified by a call of the chairman or a majority of the committee.

      (c) Review any actions taken by the director of the department of human resources to assign powers and duties pursuant to section 2 of this act.

      (d) Monitor the effect of each assignment of powers and duties and the progress toward completing the assignment of those powers and duties.

      (e) Study the interaction between the department of human resources and agencies of local government regarding the provision of services to children and families.

      (f) Study public and private programs for the adoption of children and the demand for and success of such programs.

      (g) Report its findings and any recommended legislation to the interim finance committee.

      4.  Any action by the interim committee requires the affirmative vote of not less than 4 members of the committee.

      5.  Except during a regular or special session of the legislature, each member of the interim committee for the review of child and family services appointed pursuant to subsection 1 is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the contingency fund in the state treasury.

      Sec. 45.  1.  The director of the department of human resources shall contract with a consultant to conduct an assessment of the need for juvenile correctional facilities and related programs in this state.

      2.  The director shall forthwith prepare a request for proposals to conduct the assessment and submit it to the committee created pursuant to section 46 of this act for approval. Upon its approval by the committee, the director shall cause the request for proposals to be advertised in one or more newspapers of general circulation in this state.


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

ê1991 Statutes of Nevada, Page 2143 (Chapter 643, SB 611)ê

 

shall cause the request for proposals to be advertised in one or more newspapers of general circulation in this state.

      3.  The request for proposals must define the scope of the assessment and establish a schedule for the completion of the assessment.

      4.  The director may take any other action that is necessary to carry out the provisions of this section.

      Sec. 46.  1.  There is hereby created a committee composed of:

      (a) An assemblyman appointed by the speaker of the assembly;

      (b) A senator appointed by the majority leader of the senate;

      (c) A person representing the division of child and family services of the department of human resources appointed by the governor;

      (d) The director of the department of administration; and

      (e) The director of the department of human resources.

      2.  The committee shall:

      (a) Review, amend as it deems necessary and approve the request for proposals prepared and submitted by the director of the department of human resources;

      (b) Review the proposals submitted pursuant to the request;

      (c) Select the consultant and negotiate the terms of the contract; and

      (d) Require scheduled progress reports from the consultant to ensure that the consultant is adhering to the scope of the assessment and the schedule for its completion as established in the request for proposals.

      Sec. 47.  1.  There is hereby appropriated from the state general fund to the director of the department of human resources the sum of $40,000 to contract with a consultant to prepare an assessment of the need for juvenile correctional facilities and related programs in this state.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1992, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 48.  This act becomes effective on July 1, 1991.

      Sec. 49.  Sections 25 to 34, inclusive, and 43 of this act expire by limitation on July 1, 1993.

 

________

 

 

CHAPTER 644, SB 588

Senate Bill No. 588–Committee on Finance

CHAPTER 644

AN ACT making an appropriation to the legislative fund for the expenses of a telecommunication system to connect the legislative building with a suitable facility in Clark County; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $202,300 to be used by the legislative commission to establish a telecommunication system capable of simultaneously carrying voice, data and compressed video between committee rooms in the legislative building and a suitable facility in Clark County which can accommodate public meetings and the taking of testimony.


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

ê1991 Statutes of Nevada, Page 2144 (Chapter 644, SB 588)ê

 

be used by the legislative commission to establish a telecommunication system capable of simultaneously carrying voice, data and compressed video between committee rooms in the legislative building and a suitable facility in Clark County which can accommodate public meetings and the taking of testimony.

      2.  The director of the legislative counsel bureau may allow other governmental entities to use the system established pursuant to subsection 1 and charge such users a fee set by the legislative commission. Any fees collected pursuant to this section must be deposited in the legislative fund and may be used for the purpose described in subsection 1.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 645, SB 532

Senate Bill No. 532–Committee on Judiciary

CHAPTER 645

AN ACT relating to gaming; authorizing the Nevada gaming commission to grant to a committee of persons licensed to engage in off-track pari-mutuel wagering the exclusive right to negotiate certain agreements concerning off-track pari-mutuel wagering; making various changes relating to administrative procedures for hearings and appeals concerning the licensing and regulation of gaming; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.0129 is hereby amended to read as follows:

      463.0129  1.  The legislature hereby finds, and declares to be the public policy of this state, that:

      (a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.

      (b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.

      (c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.

      (d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.


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

ê1991 Statutes of Nevada, Page 2145 (Chapter 645, SB 532)ê

 

      (e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.

      2.  No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.

      3.  This section does not:

      (a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or

      (b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.

      Sec. 2.  NRS 463.317 is hereby amended to read as follows:

      463.317  1.  The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court [may deem] deems just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing of the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.

      2.  The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review. The filing of briefs and oral argument must be made in accordance with the rules governing appeals in civil cases unless the local rules of practice adopted in the judicial district provide a different procedure.

      3.  The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:

      (a) In violation of constitutional provisions;

      (b) In excess of the statutory authority or jurisdiction of the commission;

      (c) Made upon unlawful procedure;

      (d) Unsupported by any evidence; or

      (e) Arbitrary or capricious or otherwise not in accordance with law.


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

ê1991 Statutes of Nevada, Page 2146 (Chapter 645, SB 532)ê

 

      Sec. 3.  NRS 463.362 is hereby amended to read as follows:

      463.362  1.  Whenever a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the satisfaction of the patron and the dispute involves:

      (a) At least $500, the licensee shall immediately notify the board; or

      (b) Less than $500, the licensee shall inform the patron of his right to request that the board conduct an investigation.

The board, through an agent, shall conduct whatever investigation it deems necessary and shall determine whether payment should be made.

      2.  The agent of the board shall mail written notice to the board, the licensee and the patron of his decision resolving the dispute within 30 days after the date the board first receives notification from the licensee or a request to conduct an investigation from the patron. The failure of the agent to mail notice of his decision within the time required by this subsection does not divest the board of its exclusive jurisdiction over the dispute.

      3.  Failure of the licensee to notify the board or inform the patron as provided in subsection 1 is grounds for disciplinary action pursuant to NRS 463.310 to 463.3145, inclusive.

      4.  The decision of the agent of the board is effective on the date the aggrieved party receives notice of the decision.

      [5.] Notice of the decision [of the agent of the board] shall be deemed sufficient if it is mailed to the last known address of the licensee and patron. The date of mailing may be proven by a certificate signed by an officer or employee of the board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the licensee or the patron 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.

      Sec. 4.  NRS 463.363 is hereby amended to read as follows:

      463.363  1.  Within 20 days after the date of receipt of the written decision of the agent, the aggrieved party may file a petition with the board requesting a hearing to reconsider the decision.

      2.  The petition must set forth the basis of the request for reconsideration.

      3.  If no petition for reconsideration is filed within the time prescribed in subsection 1, the decision shall be deemed final action on the matter and is not subject to reconsideration by the board or to review by the commission or any court.

      4.  The party requesting the hearing must provide a copy of the petition to the other party.

      5.  Within 15 days after service of the petition, the responding party may answer the allegations contained therein by filing a written response with the board.

      6.  The board shall schedule a hearing and may conduct the hearing as provided in subsection 4 of NRS 463.110, except that notice of the date, time and place of the hearing must be provided by the board to both parties.

      7.  The hearing must be conducted in accordance with [NRS 463.3125, 463.313, 463.3136 and 463.314, subsection 4 of NRS 463.312 and subsection 2 of NRS 463.3133, except that the board must be substituted for the commission.] regulations adopted by the commission.


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

ê1991 Statutes of Nevada, Page 2147 (Chapter 645, SB 532)ê

 

      Sec. 5.  NRS 463.3666 is hereby amended to read as follows:

      463.3666  1.  The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the board or the hearing examiner upon such terms and conditions as the court [may deem] deems just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing conducted by the board or the hearing examiner. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the board or the hearing examiner, the board or the hearing examiner may modify the decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.

      2.  The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review. The filing of briefs and oral argument must be made in accordance with the rules governing appeals in civil cases unless the local rules of practice adopted in the judicial district provide a different procedure.

      3.  The reviewing court may affirm the decision and order of the board or the hearing examiner, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:

      (a) In violation of constitutional provisions;

      (b) In excess of the statutory authority or jurisdiction of the board or the hearing examiner;

      (c) Made upon unlawful procedure;

      (d) Unsupported by any evidence; or

      (e) Arbitrary or capricious or otherwise not in accordance with law.

      Sec. 6.  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 with 30 days after service of notice of the determination upon [the person of notice thereof.] him. If a petition for redetermination satisfying the requirements of subsection [5] 3 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] 3 is filed within the 30-day period, the commission shall reconsider the determination and, if the [person] petitioner has so requested , [in his petition,] shall grant the [person] petitioner 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;


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ê1991 Statutes of Nevada, Page 2148 (Chapter 645, SB 532)ê

 

      (b) Specify the grounds for redetermination; [and]

      (c) State whether a hearing is requested; and

      (d) Be accompanied by payment in full of the uncontested portion of the determination, including any interest and penalties.

      4.  An order or decision of the commission upon a petition for redetermination is final 10 days after service upon the petitioner.

      5.  A petitioner against whom an order or decision of the commission has become final may, within 60 days after it becomes final, petition for judicial review in the manner provided by NRS 463.315 to 463.318, inclusive. The board may not petition for judicial review.

      Sec. 7.  NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada gaming commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada gaming commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by the licensee at the times determined by the Nevada gaming commission and only:

      (a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

      4.  The regulations of the Nevada gaming commission may include, without limitation:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license [under] issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada gaming commission.

      5.  The Nevada gaming commission may appoint a committee consisting of persons who are licensed to engage in off-track pari-mutuel wagering. The commission may grant to that committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

      (a) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

      (b) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

      6.  The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed [under] pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 8.  NRS 464.040 is hereby amended to read as follows:

      464.040  1.  The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed pursuant to the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by him during the period of the license.


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

ê1991 Statutes of Nevada, Page 2149 (Chapter 645, SB 532)ê

 

of money handled in each pari-mutuel pool operated by him during the period of the license.

      2.  The total commission deducted from off-track pari-mutuel wagering must be determined by the Nevada gaming commission and may be divided between the licensee and persons licensed or approved by that state to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon.

      3.  Except as otherwise provided in NRS 464.045 for pari-mutuel wagering , [on racing,] each licensee shall pay to the Nevada gaming commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any racing or sporting event.

      4.  The licensee may deduct odd cents less than 10 cents per dollar in paying bets.

      5.  Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering , [on racing,] the amount paid to the Nevada gaming commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the Nevada gaming commission to the state treasurer for deposit in the state general fund.

      Sec. 9.  NRS 464.045 is hereby amended to read as follows:

      464.045  1.  The provisions of subsections 3 and 5 of NRS 464.040 do not apply to persons licensed [for the conduct of] to conduct off-track pari-mutuel wagering . [on racing.]

      2.  A licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering [on racing] shall include within gross revenue, for the purpose of determining the amount of the state license fee imposed by NRS 463.370, the amount of the commission deducted from off-track pari-mutuel wagering received by it, plus breakage and the face amount of unpaid winning tickets that remain unclaimed for a period specified by the commission.

      Sec. 10.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Sections 2, 4, 6 and 7 of this act become effective on October 1, 1991.

      3.  Sections 3, 5, 8 and 9 of this act become effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 2150ê

 

CHAPTER 646, SB 529

Senate Bill No. 529–Senator Neal

CHAPTER 646

AN ACT relating to accountants; revising the membership of the Nevada state board of accountancy; revising the requirements for experience for a certificate of certified public accountant; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 628.045 is hereby amended to read as follows:

      628.045  1.  [The] Except as otherwise provided in subsection 2, the governor shall appoint to the board six members who are certified public accountants in the State of Nevada and one member who is a registered public accountant in the State of Nevada. Of the six members who are certified public accountants:

      (a) One member must be employed by the government or by private industry; and

      (b) Five members must be engaged in the practice of public accounting.

      2.  Whenever the total number of registered public accountants who practice is 10 or fewer, the board must consist of six members who are certified public [accountant members] accountants and the member who is a registered public accountant [member] until his term of office expires. Thereafter, the board must consist of six members who are certified public accountants , one of whom must be employed by the government or by private industry, and one member who represents the public.

      3.  No person may be appointed to the board unless he is:

      (a) Engaged in active practice as a certified public accountant or registered public accountant and holds a live permit to practice public accounting in this state, or is appointed as the member who represents the public.

      (b) A resident of the State of Nevada.

      [4.  If there are no registered public accountants who are eligible and willing to serve as members of the board, a person who represents the public may be appointed to fill a vacancy.]

      Sec. 2.  NRS 628.075 is hereby amended to read as follows:

      628.075  1.  The Nevada Society of Certified Public Accountants shall, at least 30 days before the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor the names of at least three persons qualified for membership on the board for each position to be filled by a certified public accountant. The governor shall appoint new members or fill the vacancy from the list, or request a new list. If the Nevada Society of Certified Public Accountants fails to submit timely nominations for a position on the board, the board may submit nominations to the governor, who shall appoint members from among the nominees or request a new list.

      2.  [The Nevada Society of Public Accountants shall, at least 30 days before the beginning of any term or within 30 days after a position on the board becomes vacant, submit the names of three or more persons qualified for membership on the board for each position to be filled by a public accountant and the governor shall appoint one of the nominees or request a new list.


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

ê1991 Statutes of Nevada, Page 2151 (Chapter 646, SB 529)ê

 

new list. If the Nevada Society of Public Accountants fails to submit timely nominations for a position on the board, the board may submit nominations for the position to the governor, who shall appoint one of the nominees or request a new list.

      3.] The governor may appoint any qualified person who is a resident of this state to the position which is to be occupied by a person who represents the public.

      Sec. 3.  NRS 628.200 is hereby amended to read as follows:

      628.200  The requirements of experience and education for a certificate of certified public accountant are a Bachelor of Arts or a Bachelor of Science degree from a college or university recognized by the board, with a major in accounting, or what the board determines to be substantially the equivalent of a major in accounting, or with a degree in a major other than accounting supplemented by what the board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration, and:

      1.  Two years of public accounting experience, including, but in no way limited to, attesting while in practice as a certified public accountant, a registered public accountant, a staff accountant employed by a person who is licensed to practice public accounting or any combination of these types of experience; or

      2.  Experience in internal auditing work or governmental accounting and auditing work of a character and for a length of time sufficient in the opinion of the board to be substantially equivalent to the requirements of subsection 1. The board may provide by regulation for the substitution of qualified programs of continuing education to [partially] satisfy partially the requirement of experience imposed [on] by this section, or may add any program to the requirement of experience.

 

________

 

 

CHAPTER 647, SB 514

Senate Bill No. 514–Senators Rhoads, Getto, Jacobsen and Adler

CHAPTER 647

AN ACT relating to state finances; authorizing the issuance of general obligation bonds to pay for the cost to complete a building at Northern Nevada Community College; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The state board of examiners shall issue general obligation bonds of the State of Nevada, in the face amount of not more than $2,000,000, to provide the money necessary for the completion of a building at Northern Nevada Community College which is in Phase I of its construction and for which private donations have been received.

      2.  The bonds may be issued at one time or from time to time.


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

ê1991 Statutes of Nevada, Page 2152 (Chapter 647, SB 514)ê

 

      3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 648, SB 503

Senate Bill No. 503–Senators Rawson, O’Connell, Adler, Coffin, Getto, Glomb, Hickey, Horn, Jacobsen, Neal, Nevin, O’Donnell, Raggio, Rhoads, Shaffer, Smith, Titus, Tyler and Vergiels

CHAPTER 648

AN ACT relating to insurance; authorizing insurers to establish a plan of health insurance for small employers; establishing requirements concerning coverage provided by policies or contracts issued pursuant to the plan; requiring the University of Nevada System to conduct a study of persons who are not covered by health insurance; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires:

      1.  “Employer” means a person who is self-employed or who operates a business that has fewer than 26 employees.

      2.  “Insurer” means a person authorized to issue a policy or contract of health insurance pursuant to chapter 689A, 689B, 695A, 695B or 695C of NRS.

      3.  “Plan of insurance” means a program under which policies or contracts of health insurance are issued pursuant to this chapter.

      Sec. 3.  1.  An insurer may not establish a plan of insurance pursuant to this chapter unless the commissioner has determined that the plan meets the requirements of this chapter and approves the issuance of policies or contracts pursuant to the plan.

      2.  The commissioner may adopt regulations necessary to carry out the provisions of this chapter.

      Sec. 4.  An insurer must not realize a net profit on the operation or administration of a plan of insurance. As used in this subsection, “profit” means any net operational gains for a plan of insurance that exceed expenses based upon statutory accounting.

      Sec. 5.  An insurer that establishes a plan of insurance pursuant to this chapter shall:

      1.  Establish an organization of preferred providers for the plan.

      2.  Negotiate rates of reimbursement for physicians and other providers of health care, including hospitals.


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

ê1991 Statutes of Nevada, Page 2153 (Chapter 648, SB 503)ê

 

      3.  Administer the benefits provided by the plan using managed care, utilization review, prior authorization and other prudent measures to limit the cost of claims.

      Sec. 6.  1.  A policy or contract issued pursuant to a plan of insurance must state the benefits provided. The plan must offer basic benefits that provide for the payment of covered medical expenses on an expense incurred basis. The benefits must be designed to lower the cost of the coverage. The coverage may exclude benefits otherwise required pursuant to this Title.

      2.  An insurer must offer to an employer who is purchasing a policy or contract pursuant to the plan all coverages otherwise required by this Title that are not included in the basic policy. The additional coverages may be offered individually, collectively or in groups established by the insurer. The insurer must indicate to the employer the increase in the rate of premium that will result if an optional coverage or group of coverages is selected. If the employer does not specifically decline optional coverage, the coverage shall be deemed provided. The form for offering the coverage to the employer and for declination of the coverage must be approved by the commissioner.

      Sec. 7.  If an employer makes a misrepresentation to an insurer regarding his eligibility for a policy or contract pursuant to a plan of insurance and the insurer relies upon the misrepresentation to its detriment, the employer’s policies or contracts of insurance are subject to cancellation. The policy or contract must include a provision that notifies the insured of the provisions of this section.

      Sec. 8.  An employer is eligible to participate in the plan of insurance if he provides the insurer with evidence on a form approved by the commissioner that he is the operator of a business that has fewer than 26 employees on the date the application for insurance is completed or is self-employed and, in either case, has been without health insurance for 6 months.

      Sec. 9.  An insurer shall submit reports to the commissioner concerning the operation of the plan. The commissioner shall determine the frequency, content and form of the reports.

      Sec. 10.  If an employer offers a plan of insurance for his employees, the employer shall pay at least 50 percent of the premium for the employees, excluding any premiums for coverage for the dependents of the employee.

      Sec. 11.  An agent, broker or other licensee enrolling a person or marketing coverages from the plan must not receive more than 2 percent of the total premium from such enrollment or marketing.

      Sec. 12.  1.  After the close of each calendar year, an insurer shall determine the net premiums, the expenses of administration and the incurred losses for the year, if any, taking into account investment income and other appropriate gains and losses, for all of the insurer’s approved plans of insurance.

      2.  Any net profit from the plans of insurance must be reflected in the form of reduced premiums.

      3.  The premiums paid for a plan of insurance pursuant to this chapter are not subject to the premium tax imposed pursuant to chapter 680B of NRS.

      4.  As used in this section, “net premiums” means premiums less any allowances for administrative expenses.


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

ê1991 Statutes of Nevada, Page 2154 (Chapter 648, SB 503)ê

 

      Sec. 13.  1.  The benefits offered by a plan of insurance are limited as follows:

      (a) The annual maximum per enrollee is $50,000.

      (b) The lifetime maximum per enrollee is $250,000.

      (c) Coverage must exclude charges or expenses incurred during the first 6 months following the effective date of coverage as to any condition, which during the 6 months immediately preceding the effective date of coverage:

             (1) Manifested itself in such a manner as would cause an ordinarily prudent person to seek diagnosis, care or treatment; or

             (2) For which medical advice, care or treatment was recommended or received.

      2.  The insurer may waive the exclusion for a preexisting condition pursuant to subsection 2.

      3.  An insurer may medically underwrite or apply other standard underwriting guidelines to an employer or person insured who applies for coverage under the plan of insurance.

      Sec. 14.  Coverage by a plan of insurance must provide optional deductibles from $200 to $1,000 per person per annum. The provisions of NRS 689B.061 and 695B.185 apply to deductibles and copayments required by a plan of insurance.

      Sec. 15.  1.  Every policy or contract issued pursuant to a plan of insurance must contain a provision which reduces the insurer’s liability because of benefits under other valid group coverage. To the extent authorized by the commissioner, such a provision may include subrogation.

      2.  An insurer has a cause of action against an eligible person for the recovery of the amount of benefits paid that are not covered expenses.

      3.  Benefits due under a plan of insurance must be reduced or refused as a set-off against any amount recoverable pursuant to this section.

      Sec. 16.  The commissioner of insurance shall report to the legislature on or before April 1, 1993, and April 1, 1995, concerning the plans of insurance established by this act, including the number of enrollees, premiums, profit and losses, consumer complaints and other relevant information concerning the operation and effectiveness of the plan.

      Sec. 17.  1.  The board of regents of the University of Nevada System shall direct a study within the system of persons in this state who are not covered by health insurance.

      2.  The study must:

      (a) Determine the total number of persons in this state who are not covered by health insurance;

      (b) Determine the reasons for the lack of insurance coverage;

      (c) Classify the persons who are not covered by insurance by age, income, employment status, residence and any other classifications deemed relevant; and

      (d) Address such other matters as required by the technical advisory committee.

      3.  The legislative commission shall appoint a technical advisory committee to coordinate and assist in the study conducted pursuant to this section. The legislative commission shall appoint to the committee:

      (a) One member of the assembly;


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ê1991 Statutes of Nevada, Page 2155 (Chapter 648, SB 503)ê

 

      (b) One member of the senate;

      (c) Two representatives of insurers;

      (d) Two representatives of providers of health care;

      (e) One representative of health maintenance organizations;

      (f) One representative of employers who must be an employer, as defined in section 2 of this act; and

      (g) The commissioner of insurance.

      4.  The members of the technical advisory committee, other than the legislative members, serve without compensation.

      5.  The legislative members of the committee are entitled to receive out of the legislative fund the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session for each day or portion of a day of attendance at a meeting of the committee, and the per diem expense allowances provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      6.  A report of the study must be prepared and presented to the legislative committee on health care on or before October 1, 1992.

      Sec. 18.  1.  There is hereby appropriated from the legislative fund to the University of Nevada System the sum of $50,000 to conduct the study required by section 17 of this act. The money appropriated pursuant to this subsection must be paid from the fees collected for the support of the legislative committee on health care pursuant to NRS 449.465.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after October 1, 1992, reverts to the legislative fund as soon as all payments of money committed have been made, and must be used for the support of the legislative committee on health care.

      Sec. 19.  This act becomes effective upon passage and approval. No policy may be issued pursuant to a plan of insurance authorized by this act before January 1, 1992.

 

________

 

 

CHAPTER 649, SB 500

Senate Bill No. 500–Senator Rhoads

CHAPTER 649

AN ACT relating to wildlife; authorizing the issuance of certain game tags for resale by an owner of land to compensate him for damage caused by wildlife; authorizing the board of wildlife commissioners to adopt necessary regulations; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An owner of land in this state may apply to the department for the issuance to him of one or more deer or antelope tags for resale as provided in this section.


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

ê1991 Statutes of Nevada, Page 2156 (Chapter 649, SB 500)ê

 

this section. The tags must be issued as compensation for damage caused by deer or antelope to the land or to any improvements thereon.

      2.  An application made pursuant to this section must:

      (a) Be made in the form prescribed by the department;

      (b) Establish to the satisfaction of the department that the applicant has sustained damage of the kind described in subsection 1; and

      (c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.

      3.  The department shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the land owned by the applicant. Both deer and antelope tags may be issued to an applicant. Not more than 200 tags may be issued annually statewide by the department pursuant to this section.

      4.  An owner of land who receives a tag pursuant to this section shall not use the tag himself, but may sell it to any holder of a valid Nevada hunting license at any price mutually agreed upon. The tag may be used by the purchaser only on the land of the owner.

      5.  As a condition of receiving a tag from the department pursuant to this section, an owner of land that blocks access to adjacent public land must provide access to the public land to a person who has a deer or antelope tag for the purpose of hunting on the public land.

      6.  Insofar as they are consistent with this section, the provisions of this Title and of the regulations adopted by the commission apply to the issuance and use of tags pursuant to this section. The commission may adopt any regulations it deems necessary to carry out the provisions of this section.

      Sec. 2.  NRS 502.140 is hereby amended to read as follows:

      502.140  1.  Tags may be used as a method of enforcing a limit of the number of any species which may be taken by any one person in any one season or year, and may be issued in such a manner that only a certain number may be used in any one management area, or that one tag may be used in several management areas, as designated by the commission.

      2.  The commission shall designate the number of tags for any species which may be obtained by any one person, and it is unlawful for any person to obtain tags for his use in excess of this number . [, or] Except as otherwise provided in section 1 of this act, it is unlawful for any person to use or possess tags issued to any other person, or to transfer or give tags issued to him to any other person.

      Secs. 3-5.  (Deleted by amendment.)

      Sec. 6.  NRS 41.510 is hereby amended to read as follows:

      41.510  1.  Except as otherwise provided in subsection 3, an owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for crossing over to public land, hunting, fishing, trapping, camping, hiking, sightseeing, hang gliding, para-gliding or for any other recreational purposes, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

      2.  Except as otherwise provided in subsection 3, when an owner, lessee or occupant of premises gives permission to another to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities, upon his premises:

 


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

ê1991 Statutes of Nevada, Page 2157 (Chapter 649, SB 500)ê

 

hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities, upon his premises:

      (a) He does not thereby extend any assurance that the premises are safe for that purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

      (b) That person does not thereby acquire any property rights in or rights of easement to the premises.

      3.  This section does not limit the liability which would otherwise exist for:

      (a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.

      (b) Injury suffered in any case where permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities, was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof. For the purposes of this paragraph, the price paid for a game tag sold pursuant to section 1 of this act by an owner of premises shall not be deemed consideration given for permission to hunt on the premises.

      (c) Injury caused by acts of persons to whom permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, hang glide, para-glide or participate in other recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

      4.  Nothing in this section creates a duty of care or ground of liability for injury to person or property.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  The director of the department of wildlife shall report to the 68th session of the legislature concerning the status of the program established by this act. The director shall include in his report any recommendation regarding the continuation or expansion of the program.

      Sec. 9.  1.  This act becomes effective on March 1, 1992.

      2.  This act expires by limitation on June 30, 1995.

 

________


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

ê1991 Statutes of Nevada, Page 2158ê

 

CHAPTER 650, SB 495

Senate Bill No. 495–Committee on Finance

CHAPTER 650

AN ACT relating to the department of museums; authorizing the issuance of bonds to purchase locomotives and equipment for the Nevada state railroad museum in Boulder City and for the division of Nevada state railroad museums; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The state board of examiners shall issue revenue bonds or other securities constituting special obligations payable from net revenues, excluding the proceeds of any general ad valorem property taxes, which are secured by a pledge of and lien on such net revenues, of the State of Nevada, in the face amount of not more than $1,300,000, to provide a loan to the department of museums in the amount of $1,300,000 for the purchase and transportation of railroad locomotives and cars, major pieces of equipment, additional parts for railroad locomotives and cars and tools and hardware for railroad tracks for the Nevada state railroad museum in Boulder City and for the division of Nevada state railroad museums. The state board of examiners shall not issue the bonds or other securities until it has received a written agreement executed by the governing bodies of Clark County and the cities of Henderson and Boulder City which sets forth the liability of each local government for the repayment of the loan and the money which will be used to repay the loan.

      2.  The bonds may be issued at one time or from time to time.

      3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      4.  As soon as practicable after the proceeds of the bonds are received, the state controller shall transfer $1,300,000 to the department of museums and history.

      Sec. 2.  The governing bodies of Clark County and the cities of Henderson and Boulder City shall repay all money advanced pursuant to subsection 4 of section 1 of this act pursuant to the agreement entered into by those local governments. The money must be repaid with interest at the rate of 5 percent in 10 annual payments which must be made on or before the end of each fiscal year. The first payment must be made at the end of the fiscal year in which the money is received pursuant to subsection 4 of section 1 of this act.

      Sec. 3.  The governing bodies of Clark County and the cities of Henderson and Boulder City may each issue pursuant to the Local Government Securities Law, in an amount sufficient to satisfy the respective liability of each local government for the repayment of the money advanced pursuant to subsection 4 of section 1 of this act pursuant to the agreement entered into by those local governments, revenue bonds and other securities constituting special obligations payable from net revenues, excluding the proceeds of any general ad valorem property taxes, which are secured by a pledge of and lien on such net revenues.


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

ê1991 Statutes of Nevada, Page 2159 (Chapter 650, SB 495)ê

 

      Sec. 4.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 651, SB 477

Senate Bill No. 477–Committee on Human Resources and Facilities

CHAPTER 651

AN ACT relating to prenatal care for women; authorizing the University of Nevada School of Medicine to disburse grants for subsidies for malpractice insurance to providers of prenatal care in certain areas of Nevada; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires:

      1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

      2.  “Provider of prenatal care” is limited to:

      (a) A physician who is licensed in this state and certified in obstetrics and gynecology, family practice, general practice or general surgery.

      (b) A certified nurse midwife who is licensed by the state board of nursing.

      (c) An advanced practitioner of nursing who has specialized skills and training in obstetrics or family nursing.

      (d) A physicians’ assistant who has specialized skills and training in obstetrics or family practice.

      Sec. 3.  1.  A health officer in a county or community that lacks services for prenatal care may submit an application to the University of Nevada School of Medicine for a grant to subsidize a portion of the malpractice insurance of a provider of prenatal care who provides services to pregnant women in the county or community.

      2.  A county or community lacks services for prenatal care if at least one of the following conditions is present:

      (a) A provider of prenatal care does not offer services to pregnant women within the county or the community.

      (b) Fifty percent or more of the live births to women who are residents of the county occur outside the county.

      (c) The percentage of live births to women in the county or community who received no prenatal care exceeds the percentage of live births to women in the state who received no prenatal care.

      (d) The percentage of live births of babies with low birthweight to women in the county or community is higher than the percentage of live births of babies with low birthweight to women in the state.


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

ê1991 Statutes of Nevada, Page 2160 (Chapter 651, SB 477)ê

 

      3.  If the applicant is a county or district health officer, he must provide proof of the financial contribution by the county or district for the provision of prenatal services for women who do not qualify for reimbursement pursuant to the state plan for assistance to the medically indigent.

      Sec. 4.  1.  The University of Nevada School of Medicine may grant money to an applicant to furnish a subsidy for the malpractice insurance of a provider of prenatal care who provides services in a county or community that lacks services for prenatal care for women.

      2.  An applicant who receives a grant from the University of Nevada School of Medicine may furnish a provider of prenatal care a subsidy in an amount up to the difference between the cost of his malpractice insurance with coverage for the provision of prenatal care and without such coverage.

      3.  Before disbursing a grant pursuant to the provisions of sections 2 to 6, inclusive, of this act, the University of Nevada School of Medicine shall consult with the director of the program for maternal and child health of the health division.

      Sec. 5.  1.  The application for a grant must be on the form required by the University of Nevada School of Medicine.

      2.  The application must contain:

      (a) Information concerning the collaboration between the applicant and a provider of prenatal care and medical facilities within the county or community.

      (b) A plan for providing prenatal care for women in the county or community who have low incomes or who do not qualify for any state program for medical care.

      (c) A plan for improving the health care of pregnant women in the county or community.

      3.  To be eligible for a subsidy for his malpractice insurance, a provider of prenatal care must submit evidence of training in prenatal care that is approved by the University of Nevada School of Medicine.

      Sec. 6.  A provider of prenatal care who receives a subsidy for his malpractice insurance pursuant to sections 2 to 6, inclusive, of this act shall:

      1.  Attend 15 hours per year of continuing education concerning risk management or the care of a patient relating to prenatal services and submit documentation of attendance at the continuing education to the University of Nevada School of Medicine.

      2.  Collect data as required by the University of Nevada School of Medicine or the health division.

      3.  Provide prenatal care for a woman without regard to her economic status or ability to pay.

      4.  Refer a pregnant woman to another provider of prenatal care if, in the judgment of the provider, he cannot provide the care required by the woman.

      5.  Carry out the plan for improving the health care of pregnant women in the county or community pursuant to paragraph (c) of subsection 2 of section 5 of this act.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the University of Nevada School of Medicine the sum of $100,000 for grants to health officers to subsidize a portion of the malpractice insurance for providers of prenatal care within their jurisdictions pursuant to sections 2 to 6, inclusive, of this act.


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

ê1991 Statutes of Nevada, Page 2161 (Chapter 651, SB 477)ê

 

health officers to subsidize a portion of the malpractice insurance for providers of prenatal care within their jurisdictions pursuant to sections 2 to 6, inclusive, of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 9.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 652, SB 469

Senate Bill No. 469–Committee on Natural Resources

CHAPTER 652

AN ACT relating to air pollution; authorizing certain local air pollution control boards to delegate to an independent hearing officer or hearing board its authority to determine violations and impose administrative penalties; providing for the disposition of the penalties if such a delegation is made; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.546 is hereby amended to read as follows:

      445.546  1.  Except as otherwise provided in [subsection 4] this section and in NRS 445.493:

      (a) The district board of health, county board of health or board of county commissioners in each county which has a population of 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded.

      (b) The program must:

             (1) Include standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which are equivalent to or stricter than those established by statute or state regulation; and

             (2) Provide for adequate administration, enforcement, financing and staff.

      (c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445.401 to 445.601, inclusive, and the federal act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the federal act.

      (d) Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571, 445.576, 445.581 and 445.601 are binding upon and inure to the benefit of local air pollution control authorities within their jurisdiction.

      2.  The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks, which notice must specify with particularity the reasons for the proposed regulations and provide other informative details.


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

ê1991 Statutes of Nevada, Page 2162 (Chapter 652, SB 469)ê

 

once a week for 3 weeks, which notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445.466 does not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.

      3.  In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing officer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation adopted pursuant to those sections. If such a delegation is made, 25 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the board to a maximum of $10,000 per year. The money in the account may only be used to defray the administrative expenses incurred by the board in enforcing the provisions of NRS 445.401 to 445.601, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred.

      4.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the commission.

      [4.] 5.  No district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

 

________

 

 

CHAPTER 653, SB 466

Senate Bill No. 466–Committee on Finance

CHAPTER 653

AN ACT relating to natural resources; authorizing the department of wildlife to loan the proceeds of certain bonds to a local government for the protection of sensitive species; authorizing the sale, lease or exchange of interests in land acquired pursuant to chapter 785, Statutes of Nevada 1989, which are not needed for the purpose of the acquisition; authorizing the application of the proceeds from such sales to the purposes of the chapter; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 785, Statutes of Nevada 1989, at page 1864, is hereby amended to read as follows:

       Sec. 2.  Of the total bond issue:


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

ê1991 Statutes of Nevada, Page 2163 (Chapter 653, SB 466)ê

 

       1.  An amount of $34,200,000 must be allocated to the division of state parks of the state department of conservation and natural resources for the following purposes:

       (a) An amount of [$7,000,000] $15,600,000 for the acquisition of real or personal property or interests in real or personal property , [.

       (b) An amount of $8,600,000 for] the development of state park facilities [.

       (c)] , or both.

       (b) An amount of $300,000 for the preparation of plans to determine the feasibility of developing state parks, land for state parks and a means of transportation to state parks.

       [(d)] (c) An amount of $13,300,000 to be allocated to Clark County to develop a county regional wetlands park at the Las Vegas Wash. The money must be used to:

             (1) Divert water, control erosion and make improvements to restore the existing wetlands;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the park.

       [(e)] (d) An amount of $5,000,000 to be allocated to Washoe County to develop county regional parks. The money must be used to:

             (1) Divert water and control erosion;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the parks.

       2.  An amount of $13,000,000 must be allocated to the department of wildlife for the following purposes:

       (a) An amount of $6,000,000 for the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real or personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof. The department of wildlife may loan up to one-half of the amount allocated to the department pursuant to this paragraph, with or without interest, to a local government for use consistent with the provisions of this paragraph. If money is loaned to a local government pursuant to this paragraph:

             (1) The money must be repaid in no more than three equal annual installments; and

             (2) The money repaid to the department must be used for the purposes specified in this paragraph.

       (b) An amount of $2,000,000 for the development of facilities or the improvement of existing fish and wildlife habitats.

       (c) An amount of $5,000,000 for the purchase or lease of water rights and associated interests in land or property for the protection of habitats of fish and game.

      Sec. 2.  Chapter 785, Statutes of Nevada 1989, at page 1864, is hereby amended by adding thereto a new section, designated section 5.5, following section 5, to read as follows:


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

ê1991 Statutes of Nevada, Page 2164 (Chapter 653, SB 466)ê

 

       Sec. 5.5.  The state land registrar may, for such consideration as he deems to be reasonable and in the public interest, transfer, sell, exchange or lease lands, water rights or other interests in lands acquired under this act to other state agencies, federal agencies, local governments and nonprofit organizations. The state land registrar may, at a price not less than fair market value, transfer, sell, exchange or lease lands, water rights or other interests in land acquired under this act to other persons or entities. The state land registrar shall report annually to the state board of examiners on the lands, water rights or other interests in land transferred, sold, exchanged or leased pursuant to this section. All money received by the state land registrar from such a transfer sale, exchange or lease must be deposited with the state treasurer for credit to the account in the state general fund for the proceeds from the sale of bonds authorized in this act. The money received from such transactions may be expended to carry out the purposes of this act.

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

 

________

 

 

CHAPTER 654, SB 438

Senate Bill No. 438–Senator Coffin

CHAPTER 654

AN ACT relating to trade practices; prohibiting the advertising of facilities for the storage of personal property as “climate controlled” unless the advertisement specifies the range of temperature and humidity within which the facilities are maintained; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The owner of a facility for the storage of personal property or a person acting on his behalf shall not advertise that the facility is “climate controlled” unless the advertisement specifies the range of the minimum and maximum temperature and humidity within which the facility is maintained.

      2.  If an owner or a person acting on his behalf fails to indicate the range of temperature and humidity of a facility in any advertisement that refers to it as being “climate controlled” or fails to maintain the temperature and humidity of the facility within the advertised range, the owner is guilty of a misdemeanor and is liable to the occupant for any damages that are caused to the occupant’s personal property as a result of extremes in temperature or humidity, notwithstanding any contrary provision in the rental agreement.


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

ê1991 Statutes of Nevada, Page 2165 (Chapter 654, SB 438)ê

 

      3.  As used in this section, the terms “facility,” “occupant,” “owner,” “personal property” and “rental agreement” have the meanings ascribed to them respectively in NRS 108.4733 to 108.4745, inclusive.

 

________

 

 

CHAPTER 655, SB 420

Senate Bill No. 420–Senator Rawson

CHAPTER 655

AN ACT relating to cardiopulmonary resuscitation; requiring that cardiopulmonary resuscitation be taught in the public schools; limiting the liability of certain persons administering cardiopulmonary resuscitation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 389.060 is hereby amended to read as follows:

      389.060  [Physiology]

      1.  Except as otherwise provided in subsection 2, physiology and hygiene must be taught in the public schools of this state, and special attention must be given to the effects of controlled substances upon the human system. The instruction must include the basic emergency care of a person in cardiac arrest, including the administering of cardiopulmonary resuscitation, in accordance with the standards of the American Heart Association or the American National Red Cross. The certification of pupils in the techniques of administering cardiopulmonary resuscitation is not required.

      2.  A pupil may be excused from instruction in the basic emergency care of a person in cardiac arrest if a parent or guardian of the pupil submits to the board of trustees of the school district a written statement indicating that such instruction is not in conformity with the religious beliefs of the parent or guardian.

      Sec. 2.  NRS 41.500 is hereby amended to read as follows:

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

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


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

ê1991 Statutes of Nevada, Page 2166 (Chapter 655, SB 420)ê

 

of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

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

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

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

      6.  Any person who:

      (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 2167ê

 

CHAPTER 656, SB 416

Senate Bill No. 416–Committee on Taxation

CHAPTER 656

AN ACT relating to sales and use taxes; extending certain taxes to certain gratuitous transfers of used vehicles; compensating the department of taxation for the collection of certain taxes from out-of-state businesses; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 374.112 is hereby amended to read as follows:

      374.112  1.  For the purposes of this section, “authorized appraisal” means an appraisal of the value of a motor vehicle made by:

      (a) An employee of the department of motor vehicles and public safety on its behalf;

      (b) A county assessor or his employee as an agent of the department of motor vehicles and public safety; or

      (c) A person licensed by the department of motor vehicles and public safety as a dealer, rebuilder or automobile wrecker.

      2.  When computing the tax on the sale of a vehicle by a seller who is not required to be registered by the department of taxation, the department of motor vehicles and public safety or county assessor as an agent of the department of taxation shall, if an authorized appraisal is submitted:

      (a) Require the submission of a notarized copy of the bill of sale or a copy of the bill of sale that is witnessed by an employee of the department of motor vehicles and public safety for the particular vehicle; and

      (b) Use as the vehicle’s sales price the amount stated on the authorized appraisal, the cost of the vehicle as evidenced by the copy of the bill of sale or $100, whichever is greater.

      3.  The department of motor vehicles and public safety shall establish and make available a form for an authorized appraisal.

      4.  The department of motor vehicles and public safety shall retain a copy of the appraisal and bill of sale considered pursuant to subsection 2 with its record of the collection of the tax.

      5.  A fee which does not exceed $10 may be charged and collected for each authorized appraisal made. Any money so collected by the department of motor vehicles and public safety for such an appraisal made by its employees must be deposited with the state treasurer to the credit of the motor vehicle fund. Any money so collected by a county assessor must be deposited with the county treasurer to the credit of the county’s general fund.

      6.  If an authorized appraisal is not submitted, the department of motor vehicles and public safety or the county assessor as an agent of the department of taxation shall establish the sales price as a value which is based on the depreciated value of the vehicle as determined in accordance with the schedule in NRS 374.113. To determine the original price from which the depreciation is calculated, the department of motor vehicles and public safety shall use:


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

ê1991 Statutes of Nevada, Page 2168 (Chapter 656, SB 416)ê

 

      (a) The manufacturer’s suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada;

      (b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require;

      (c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or

      (d) If none of these applies, its own estimate from any available information.

      Sec. 3.  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.]

      (b) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax.

      (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.

      [(c)] (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 , less the amount transferred pursuant to paragraph (b) of this subsection, to the state distributive school account in the state general fund.

      [(d)] (e) Transfer the amount owed to each county to the intergovernmental fund and remit the money to the credit of the county school district fund.

      4.  For the purposes 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. 4.  NRS 377.050 is hereby amended to read as follows:

      377.050  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 made payable to the department.

      2.  The department shall deposit the payments with the state treasurer for credit to 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 monthly transfer from the sales and use tax account one-half of 1 percent of all fees, taxes, interests and penalties collected [in each county] pursuant to this chapter during the preceding month to the appropriate account in the state general fund , before making the distributions required by NRS 377.053, 377.055 and 377.057, as compensation to the state for the cost of collecting the tax .


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

ê1991 Statutes of Nevada, Page 2169 (Chapter 656, SB 416)ê

 

half of 1 percent of all fees, taxes, interests and penalties collected [in each county] pursuant to this chapter during the preceding month to the appropriate account in the state general fund , before making the distributions required by NRS 377.053, 377.055 and 377.057, as compensation to the state for the cost of collecting the tax . [for the counties.]

      Sec. 5.  NRS 377.055 is hereby amended to read as follows:

      377.055  1.  The department, shall monthly determine for each county an amount of money equal to the sum of:

      (a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 and the sum of any amounts distributed pursuant to NRS 377.053; and

      (b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state , less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      2.  The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:

      (a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

      (b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

      (c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      3.  The provisions of subsection 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined for the city and received from the state controller in the general 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. 6.  NRS 377A.050 is hereby amended to read as follows:

      377A.050  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the 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 with the state treasurer for credit to 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 monthly:

      (a) Transfer from the sales and use tax account 1 percent of all fees, taxes, interest and penalties collected [in each county] pursuant to this chapter during the preceding month to the appropriate account in the state general fund as compensation to the state for the cost of collecting the tax.

      (b) Determine for each county an amount of money equal to any fees, taxes, interest and penalties collected in or for that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).


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

ê1991 Statutes of Nevada, Page 2170 (Chapter 656, SB 416)ê

 

chapter during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

      (c) Transfer the amount determined for each county to the intergovernmental fund and remit the money to the county treasurer.

 

________

 

 

CHAPTER 657, SB 413

Senate Bill No. 413–Senator Getto

CHAPTER 657

AN ACT relating to district courts; increasing the number of district judges provided for the seventh judicial district; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 3.017 is hereby amended to read as follows:

      3.017  For the seventh judicial district there must be [one district judge.] two district judges.

      Sec. 2.  1.  The additional district judge required for the seventh judicial district pursuant to section 1 of this act must be selected at the general election held on November 3, 1992, and shall take office on January 4, 1993.

      2.  The term of this judge expires on January 6, 1997.

      Sec. 3.  1.  There is hereby appropriated from the state general fund the sum of $40,629 for the salary of the additional district judge required by section 1 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  1.  This section and sections 1 and 2 of this act become effective on October 1, 1991.

      2.  Section 3 of this act becomes effective on July 1, 1992.

 

________


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

ê1991 Statutes of Nevada, Page 2171ê

 

CHAPTER 658, SB 412

Senate Bill No. 412–Senator Cook

CHAPTER 658

AN ACT relating to the department of motor vehicles and public safety; requiring the department to allow a person to indicate on his driver’s license or identification card that he is an organ donor; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The department shall upon payment of the required fee issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, mailing address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature in ink immediately upon receipt of the license. A license is not valid until it has been so signed by the licensee.

      2.  The department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriff’s department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license [under] pursuant to subsection 2 is confidential.

      4.  It is unlawful for any person to sue a driver’s license issued [under] pursuant to subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  [A person may attach to his driver’s license any document which identifies him:

      (a) As] At the time of the issuance of the driver’s license, the department shall give the holder the opportunity to indicate on his driver’s license that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive [; or

      (b) As a person refusing] , or that he refuses to make an anatomical gift of his body or part of his body.


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

ê1991 Statutes of Nevada, Page 2172 (Chapter 658, SB 412)ê

 

      Sec. 2.  NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  Identification cards must include the following information concerning the holder:

      (a) Name and sample signature of holder.

      (b) The unique identification number assigned to the holder based on the holder’s Social Security number, if any.

      (c) Personal description.

      (d) Date of birth.

      (e) Current address.

      (f) A colored photograph of the holder in full face if he is 21 years of age or older, or a colored photograph in profile if he is under 21 year of age.

      4.  [A person may attach to his identification card any document which identifies him:

      (a) As] At the time of the issuance of the identification card, the department shall give the holder the opportunity to indicate on his identification card that he wishes to be a donor of all or part of his body pursuant to NRS 451.500 to 451.590, inclusive [; or

      (b) As a person refusing] , or that he refuses to make an anatomical gift of his body or part of his body.

      Secs. 3-4.  (Deleted by amendment.)

      Sec. 5.  NRS 451.523 is hereby amended to read as follows:

      451.523  “Document of gift” means a card, a statement [attached to or] imprinted on a driver’s license or identification card, a will, or other writing used to make an anatomical gift.

      Sec. 6.  NRS 451.555 is hereby amended to read as follows:

      451.555  1.  Any person may:

      (a) Make an anatomical gift for any of the purposes stated in subsection 1 of NRS 451.560;

      (b) Limit an anatomical gift to one or more of those purposes; or

      (c) Refuse to make an anatomical gift.

      2.  Except as otherwise provided in subsection 3, an anatomical gift may be made only by a document of gift signed by the donor. If the donor:

      (a) Cannot sign, the document of gift must be signed by another person and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other and state that it has been so signed.

      (b) Is less than 18 years of age, the document of gift must also be signed by two witnesses, one of whom is a parent or guardian of the donor and consents to the donation, at the direction and in the presence of the donor and of each other and state that it has been so signed.

      3.  If the donor is less than 12 years of age, the document of gift must be signed by a parent or guardian of the donor, on behalf of the donor, and two witnesses at the direction and in the presence of the parent or guardian and of each other and state that it has been so signed. The document is not required to be signed by the donor.


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

ê1991 Statutes of Nevada, Page 2173 (Chapter 658, SB 412)ê

 

      4.  If a document of gift is [attached to or] imprinted on a donor’s driver’s license or identification card, the document of gift must comply with subsection 2. Revocation, suspension, expiration or cancellation of the license or card does not invalidate the anatomical gift.

      5.  A document of gift may authorize a particular physician to carry out the appropriate procedures. In the absence of such authorization or if the designated physician is not available, the donee or other person authorized to accept the anatomical gift may employ or authorize any physician, technician or enucleator to carry out the appropriate procedures.

      6.  An anatomical gift by will takes effect upon the death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

      7.  Except as otherwise provided in subsections 8 and 9, a donor may amend or revoke an anatomical gift, not made by will, only by:

      (a) A signed statement;

      (b) An oral statement made in the presence of two persons;

      (c) Any form of communication during a terminal illness or injury addressed to a physician; or

      (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

      8.  Except as otherwise provided in subsection 9, a donor who is less than 18 years of age may, with the consent of his parent or guardian, amend or revoke an anatomical gift, not made by will, by:

      (a) A signed statement;

      (b) An oral statement made in the presence of two persons;

      (c) Any form of communication during a terminal illness or injury addressed to a physician; or

      (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

      9.  A donor who is less than 12 years of age may not amend or revoke an anatomical gift. The parent or guardian who made the gift on behalf of the donor may amend or revoke an anatomical gift, not made by will, only by:

      (a) A signed statement;

      (b) An oral statement made in the presence of two persons;

      (c) Any form of communication during a terminal illness or injury addressed to a physician; or

      (d) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

      10.  The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills in chapter 133 of NRS or as provided in subsection 7, 8 or 9.

      11.  An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

      12.  A person may refuse to make an anatomical gift of his body or part by:

      (a) A writing signed in the same manner as a document of gift;

      (b) A statement attached to or imprinted on his driver’s license or identification card; or


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

ê1991 Statutes of Nevada, Page 2174 (Chapter 658, SB 412)ê

 

      (c) Any other writing used to identify him as refusing to make an anatomical gift.

During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

      13.  In the absence of contrary indications by the donor, an anatomical gift of a part is neither a refusal to give other parts nor a limitation on an anatomical gift under NRS 451.557.

      14.  In the absence of contrary indications by the donor, a revocation or amendment of an anatomical gift is not a refusal to make another anatomical gift. If the donor intends a revocation to be a refusal to make an anatomical gift, he shall make the refusal pursuant to subsection 12.

      Sec. 7.  NRS 451.573 is hereby amended to read as follows:

      451.573  The department of motor vehicles and public safety and its representatives are not liable for damages in a civil action or subject to prosecution in any criminal proceeding on account of any entry on [or document attached to] a driver’s license or identification card issued by the department.

      Sec. 8.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 659, SB 395

Senate Bill No. 395–Committee on Judiciary

CHAPTER 659

AN ACT relating to district courts; increasing the number of district judges provided for the second and eighth judicial districts; creating the family court as a division of the district court in certain judicial districts; making an appropriation; providing for the jurisdiction of the court; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 3 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  There is hereby established, in each judicial district that includes a county whose population is 100,000 or more, a family court as a division of the district court.

      2.  If the caseload of the family court so requires, the presiding judge of the district, or the district judges by mutual consent in a district in which there is no presiding judge, may assign one or more judges of the district to act temporarily as judges of the family court.

      3  If for any reason a judge of the family court is unable to act, any other district judge of the judicial district may be assigned as provided in subsection 2 to act temporarily as judge of the family court.

      4.  A judge assigned to the family court pursuant to subsection 2 or 3 for a period of 90 or more days must attend the instruction required pursuant to section 5 of this act.


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

ê1991 Statutes of Nevada, Page 2175 (Chapter 659, SB 395)ê

 

section 5 of this act. Judges must not be assigned to the family court pursuant to subsections 2 and 3 on a rotating basis.

      Sec. 3.  1.  In each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:

      (a) Brought pursuant to chapter 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS.

      (b) Brought pursuant to chapter 31A of NRS, except to the extent that NRS 31A.010 authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.

      (c) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.

      (d) For judicial approval of the marriage of a minor.

      (e) Otherwise within the jurisdiction of the juvenile court.

      (f) For judicial approval of the compromise of a claim of a minor.

      (g) To establish the date of birth, place of birth or parentage of a minor.

      (h) To change the name of a minor.

      (i) For a judicial declaration of the sanity of a minor.

      (j) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.

      2.  The family court, where established, and the justices’ court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.

      Sec. 4.  1.  The family court shall, wherever practicable and appropriate, encourage the resolution of disputes before the court through nonadversarial methods or other alternatives to traditional methods of resolution of disputes.

      2.  The family court or, in a judicial district that does not include a family court, the district court, shall enter into agreements or otherwise cooperate with local agencies that provide services related to matters within the jurisdiction of family courts to assist the family court or district court in providing the necessary support services to the families before the court.

      Sec. 5.  1.  Unless he has previously attended such a course, each district judge who is first elected or appointed on or after November 3, 1992, in a judicial district that does not include a county whose population is 100,000 or more, and each district judge in every other judicial district who is first assigned or elected on or after November 3, 1992, to be the judge of the juvenile court or family court in his judicial district, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of juvenile courts and family courts.

      2.  Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the presiding judge of his judicial district, or if the judicial district has only one judge, by a justice of the supreme court.

      3.  The cost of the instruction must be paid from the account for continuing judicial education.

      Sec. 6.  NRS 3.012 is hereby amended to read as follows:

      3.012  For the second judicial district there must be [10] 11 district judges [.] , 1 of whom must be a judge of the family court.


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

ê1991 Statutes of Nevada, Page 2176 (Chapter 659, SB 395)ê

 

      Sec. 7.  NRS 3.018 is hereby amended to read as follows:

      3.018  For the eighth judicial district there must be [16] 22 district judges [.] , 6 of whom must be judges of the family court.

      Sec. 8.  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 $5,000.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $5,000.

      (c) Except as otherwise provided in paragraph (1) in actions for a fine, penalty or forfeiture not exceeding $5,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) Inactions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $5,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed $5,000.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $5,000.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $5,000 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $5,000 or when no damages are claimed.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $5,000.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $5,000.

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

      (m) [To issue] Except in a judicial district that includes a county whose population is 100,000 or more, in any action for the issuance of a temporary or extended order for protection against domestic violence.

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

      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.


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

ê1991 Statutes of Nevada, Page 2177 (Chapter 659, SB 395)ê

 

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

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

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

      6.  Each justice’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.

      Sec. 9.  NRS 49.295 is hereby amended to read as follows:

      49.295  1.  Except as provided in subsections 2 and 3 and NRS 49.305:

      (a) A husband cannot be examined as a witness for or against his wife without his consent, nor a wife for or against her husband without her consent.

      (b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.

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

      (a) Civil proceeding brought by or on behalf of one spouse against the other spouse;

      (b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;

      (c) Proceeding brought by or on behalf of a spouse to establish his competence;

      (d) Proceeding in the juvenile court or family court pursuant to chapter 62 of NRS and NRS 432B.410 to 432B.590, inclusive; or

      (e) Criminal proceeding in which one spouse is charged with:

             (1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether the crime was committed before or during marriage.

             (2) Bigamy or incest.

             (3) A crime related to abandonment of a child or nonsupport of a wife or child.

      3.  The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.

      Sec. 10.  NRS 62.020 is hereby amended to read as follows:

      62.020  [When] As used in this chapter, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older, or a person between the ages of 16 and 18 who has been certified as an adult.

      2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.

      3.  “Court” means the juvenile division of the district court.

      4.  “Judge” means the judge of the juvenile division of the district court.


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ê1991 Statutes of Nevada, Page 2178 (Chapter 659, SB 395)ê

 

      5.  “Juvenile court” or “juvenile division” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      6.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within [the State of Nevada] this state other than:

      (a) Manslaughter;

      (b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or

      (c) Any traffic offense declared to be a felony.

      Sec. 11.  NRS 62.038 is hereby amended to read as follows:

      62.038  1.  In [counties where] any judicial district in which there are two or three judges, the judges, by mutual consent, may assign, during such periods as they [may] order, all the powers and duties granted them [under] pursuant to this chapter to any one of their number, or they may divide the powers and duties between them in any manner they see fit.

      2.  In [counties where] any judicial district, except a district that includes a county whose population is 100,000 or more, in which there are four or more judges, the judges, by mutual consent, shall assign one such district judge to serve for [a period of] 2 years as the judge of the juvenile division of [such] the district court. If the judges cannot agree, the chief justice of the supreme court shall assign one such district judge to serve for [a period of] 2 years as the judge of the juvenile division . [of such district court.] All the powers and duties granted to district judges [under] pursuant to this chapter [shall] devolve upon the district judge so assigned and his primary duties [shall be] are to administer the provisions of this chapter.

      3.  If [from any cause] for any reason the designated district judge is unable to act, any other district judge of the [county] judicial district may act temporarily as judge of the juvenile division of [such] the court during the absence or disability of the judge regularly assigned thereto.

      Sec. 12.  NRS 62.123 is hereby amended to read as follows:

      62.123  1.  [The judge or judges of] In each judicial district which includes a county whose population is 100,000 or more [shall appoint] , there must be appointed a director of juvenile services . The appointment must be made by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the probation committee.

      2.  The director of juvenile services is directly responsible to the family court . [to] He shall coordinate the services of and serve as liaison between the court and the agencies in the judicial district dealing with juveniles, including, but not limited to [, the] :

      (a) The welfare division of the department of human resources [, the] ;

      (b) The public schools of the judicial district [, all] ;

      (c) All law enforcement agencies of the judicial district [, the] ;

      (d) The probation committee ; [,] and

      (e) The detention home or facilities of the judicial district.


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

ê1991 Statutes of Nevada, Page 2179 (Chapter 659, SB 395)ê

 

The director [of juvenile services] may also be responsible for carrying out preventive programs relating to juvenile delinquency.

      3.  The director [of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.

      2.  The director of juvenile services must be appointed by the judge of the juvenile division from a list of candidates recommended by the probation committee.

      3.] shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.

      4.  The director [of juvenile services] shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the [judge] court to answer thereto.

      [4.] 5.  The director [of juvenile services] is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge or judges of the [juvenile] family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

      [5.] 6.  The salary of the director [of juvenile services] must be fixed by the judge or judges of the [juvenile] family division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

      7.  As used in this section, “matter otherwise within the jurisdiction of the juvenile court” means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.

      Sec. 12.5.  NRS 125.005 is hereby amended to read as follows:

      125.005  1.  In any action for divorce, annulment or separate maintenance, or any proceeding in which the support for or custody and visitation of a minor child is an issue, the district judge may appoint any person qualified by previous experience, training and demonstrated interest in domestic relations as referee.

      2.  Subject to the specifications and limitations stated in the order of appointment, the referee shall hear all disputed factual issues and make written findings of fact and recommendations to the district judge.

      3.  The proceedings before the referee must be conducted in the same manner as in the district court. The referee may rule upon the admissibility of evidence unless otherwise directed by the court. He may call the parties to the action and other witnesses and may examine them under oath.

      4.  The report of the referee must be furnished to each party or his attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 10 days after receipt of the report, either party may file and serve upon the other party written objections to the report. If no objection is filed, the court shall accept the findings of fact unless clearly erroneous, and judgment may be entered thereon. If an objection is filed within the 10-day period, the court shall review the matter and enter such order, judgment or decree as is just, equitable and appropriate.


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ê1991 Statutes of Nevada, Page 2180 (Chapter 659, SB 395)ê

 

      5.  The compensation of a referee appointed pursuant to this section must not be taxed against the parties but must be fixed by the judge to be paid from appropriations made by the board of county commissioners for the expenses of the district court.

      6.  The provisions of this section apply only in judicial districts that do not include a county whose population is 400,000 or more.

      Sec. 13.  NRS 128.013 is hereby amended to read as follows:

      128.013  1.  “Injury” to a child’s health or welfare occurs when the parent, guardian or custodian:

      (a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;

      (b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;

      (c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or

      (d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of [the] :

             (1) The welfare division of the department of human resources [or a] ;

             (2) A county agency authorized by the juvenile court or family court to receive and investigate reports of abuse or neglect of a child pursuant to NRS 432B.300 [, or of the] ; or

             (3) The juvenile or family court itself.

      2.  A child’s health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.

      Sec. 14.  NRS 128.0155 is hereby amended to read as follows:

      128.0155  “Plan” means:

      1.  A written agreement between the parents of a child who is a ward of the juvenile court or family court pursuant to chapter 62 or 432B of NRS and the agency having custody of the child; or

      2.  Written conditions and obligations imposed upon the parents directly by the juvenile or family court,

which have a primary objective of reuniting the family or, if the parents neglect or refuse to comply with the terms and conditions of the case plan, freeing the child for adoption.

      Sec. 15.  NRS 129.080 is hereby amended to read as follows:

      129.080  Any minor who is at least 16 years of age, married or living apart from his parents or legal guardian, and who is a resident of the county, may petition the juvenile division or family division of the district court of that county for a decree of emancipation. The district court may refer the petition to a master appointed pursuant to chapter 62 or 432B of NRS.

      Sec. 16.  NRS 129.130 is hereby amended to read as follows:

      129.130  1.  If the court determines that the petition should be granted, it shall enter a decree of emancipation.

      2.  A decree so entered is conclusive and binding.


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ê1991 Statutes of Nevada, Page 2181 (Chapter 659, SB 395)ê

 

      3.  Such a decree emancipates the minor for all purposes and removes the disability of minority of the minor insofar as that disability may affect:

      (a) The incurring of indebtedness or contractual obligations of any kind;

      (b) The litigation and settlement of controversies;

      (c) The acquiring, encumbering and conveying of property or any interest therein;

      (d) The consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;

      (e) The enrolling in any school or college; and

      (f) The establishment of his own residence.

For these purposes, the minor shall be considered in law as an adult, and any obligation he incurs is enforceable by and against him without regard to his minority.

      4.  Unless otherwise provided by the decree, the obligation of support otherwise owed a minor by his parent or guardian is terminated by the entry of the decree.

      5.  Except as otherwise provided in this section, a decree of emancipation does not affect the status of the minor for any purpose, including the applicability of any provision of law which:

      (a) Prohibits the sale, purchase or consumption of intoxicating liquor to or by a person under the age of 21 years;

      (b) Prohibits gaming or employment in gaming by or of a person under the age of 21 years;

      (c) Restricts the ability to marry of a person under the age of 18 years;

      (d) Governs matters relating to referrals for delinquent acts [and violation] or violations of NRS 392.040 to 392.125, inclusive, unless the minor has been certified [by the juvenile division of the district court] for trial as an adult pursuant to chapter 62 of NRS; or

      (e) Imposes penalties or regulates conduct according to the age of any person.

      6.  A petition may be filed by any person or by any public agency to void a decree of emancipation on the following grounds:

      (a) The minor has become indigent and has insufficient means of support; or

      (b) The decree of emancipation was obtained by fraud, misrepresentation or the withholding of material information.

      7.  The voiding of any decree of emancipation must not alter any contractual obligations or rights or any property rights or interests which arose during the period that the decree was in effect.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 176.059 is hereby amended to read as follows:

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


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

ê1991 Statutes of Nevada, Page 2182 (Chapter 659, SB 395)ê

 

                   Fine                                                                                         Assessment

  $5 to $49.....................................................................................           $10

  50 to 59.......................................................................................             25

  60 to 69.......................................................................................             30

  70 to 79.......................................................................................             35

  80 to 89.......................................................................................             40

  90 to 99.......................................................................................             45

100 to 199.....................................................................................             55

200 to 299.....................................................................................             65

300 to 399.....................................................................................             75

400 to 499.....................................................................................             85

500 to 1,000..................................................................................           100

 

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

      (a) An ordinance regulating metered parking; or

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

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

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

      (a) One dollar and fifty cents 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.

      (b) Two dollars and fifty cents for credit to a special account in the municipal general fund for the use of the municipal courts.

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

      5.  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 fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) One dollar and fifty cents 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.

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

      (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.


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

ê1991 Statutes of Nevada, Page 2183 (Chapter 659, SB 395)ê

 

      6.  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.

      7.  Of the total amount deposited in the state general fund pursuant to subsections 4 and 5, the state controller shall distribute the money received to the following public agencies in the following amounts for each assessment received up to the amounts authorized by the legislature:

      (a) Six dollars to the office of the court administrator for allocation as follows:

             (1) One dollar and fifty cents for the administration of the courts.

             (2) Eighty cents for the development of a uniform system for judicial records.

             (3) Seventy cents for continuing judicial education.

             (4) Three dollars for the supreme court.

      (b) Based upon the availability of money from the assessment and to the extent of legislative authorization, not more than $1 for the peace officers’ standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement.

      (c) The remainder of any amount so deposited must be used to the extent of legislative authorization for the support of:

             (1) The central repository for Nevada records of criminal history;

             (2) The activities of the investigation division of the department of motor vehicles and public safety related to law enforcement;

             (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

             (4) The fund for the compensation of victims of crime.

      8.  As used in this section, “juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      Sec. 19.  NRS 210.010 is hereby amended to read as follows:

      210.010  As used in NRS 210.010 to 210.290, inclusive:

      1.  “Administrator” means the administrator of youth services division in the department of human resources.

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

      3.  “Juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      4.  “School” means the Nevada youth training center . [, established and maintained for the care of minors adjudged delinquent and committed thereto.

      4.] 5.  “Superintendent” means the superintendent of the school.

      [5.] 6.  “Youth parole bureau” means the youth parole bureau of the youth services division in the department of human resources:

      Sec. 20.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive:


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

ê1991 Statutes of Nevada, Page 2184 (Chapter 659, SB 395)ê

 

      1.  “Administrator” means the administrator of the youth services division in the department of human resources.

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

      3.  “Juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      4.  “School” means the Caliente youth center.

      [4.] 5.  “Superintendent” means the superintendent of the school.

      [5.] 6.  “Youth parole bureau” means the youth parole bureau of the youth services division in the department of human resources.

      Sec. 21.  NRS 213.230 is hereby amended to read as follows:

      213.230  As used in NRS 213.220 to 213.290, inclusive:

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

      2.  “Juvenile court” means [the juvenile court of any judicial district.] :

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      3.  “Special supervision program” means a probation program meeting the standards prescribed pursuant to NRS 213.220 to 213.290, inclusive, for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which does include:

      (a) A degree of supervision substantially above the usual; and

      (b) The use of new techniques rather than routine supervision techniques.

      Sec. 22.  NRS 232.400 is hereby amended to read as follows:

      232.400  1.  The purpose of the youth services division in the department is to provide services for youth who are in need of residential care or in need of treatment or both. In accomplishing this purpose, the division shall work closely with other governmental agencies and with public and private agencies providing the same or similar service.

      2.  The department, through the division, is the sole state agency for the establishment of standards for the receipt of federal money in the field of juvenile development and for programs to prevent, combat and control delinquency. The administrator, subject to approval by the director, may develop state plans, make reports to the Federal Government and comply with such other conditions as [may be] are imposed by the Federal Government for the receipt of assistance for such programs. In developing and revising state plans, the administrator shall consider, among other things, the amount of money available from the Federal Government for the programs and the conditions attached, and the limitations of legislative appropriations for the programs.

      3.  The administrator shall cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes described in this section and shall cause to be paid out of the state treasury the money therein deposited for those purposes.

      4.  The division shall develop standards for carrying out programs aimed toward the prevention of delinquent acts of children and programs for the treatment of those brought to its attention. It shall assist in the development of programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.


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

ê1991 Statutes of Nevada, Page 2185 (Chapter 659, SB 395)ê

 

programs for the predelinquent children whose behavior tends to lead them into contact with law enforcement agencies.

      5.  The division shall develop and assist in carrying out programs for the diversion of juveniles out of the judicial system and programs for the aftercare of juveniles who have been released from state institutions, who have been brought before the juvenile court or family court or have otherwise come into contact with law enforcement agencies. The administrator of the division [is responsible for observing and evaluating] shall observe and evaluate the success of those programs.

      Sec. 23.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 244.297, 244.298 and 244.299, “juvenile court” means:

      1.  In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      2.  In any other judicial district, the juvenile division of the district court.

      Sec. 24.  NRS 293.197 is hereby amended to read as follows:

      293.197  1.  In any judicial district [of this state having] that has more than one district judge, each department [shall be] is a separate office for the purposes of nominating and electing the district judge [thereof.] of that department.

      2.  In any judicial district that includes a county whose population is 100,000 or more:

      (a) The departments of the family division of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, family division, department .....” Each such department must be designated with a letter, beginning with “A” and continuing in sequence for each department.

      (b) The remaining departments of the district court must be denoted as such on all ballots and sample ballots, using the words “district court judge, department .....” Each such department must be designated with a numeral, beginning with “1” and continuing in sequence for each department.

      Sec. 25.  NRS 388.550 is hereby amended to read as follows:

      388.550  1.  With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:

      [1.] (a) A detention home or alternative program maintained by the county pursuant to the provisions of NRS 62.180.

      [2.] (b) A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.

      [3.] (c) A juvenile training school established by the state pursuant to the provisions of chapter 210 of NRS.

      2.  As used in this section, “juvenile court” means:

      (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      (b) In any other judicial district, the juvenile division of the district court.

      Sec. 26.  NRS 392.090 is hereby amended to read as follows:

      392.090  After review of the case, the juvenile division or family division of the district court may issue a permit authorizing any child who has completed the eighth grade to leave school.


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

ê1991 Statutes of Nevada, Page 2186 (Chapter 659, SB 395)ê

 

      Sec. 27.  NRS 422.300 is hereby amended to read as follows:

      422.300  1.  In any county where it is deemed advisable, the judge of the juvenile court or family court may establish a youth services commission.

      2.  Each youth services commission shall consist of five persons appointed by the judge of the [juvenile] court.

      3.  The youth services commission shall advise with the welfare division, the governing bodies of each city and the county, the judge of the [juvenile] court, the governor and the legislature to:

      (a) Determine the extent to which various departments, agencies and organizations may wish to cooperate in a common effort to coordinate their existing programs and develop new programs to reduce the incidence of juvenile delinquency;

      (b) Develop necessary formal agreements among such departments, agencies and organizations, including agreements involving the joint exercise of power;

      (c) Initiate, where feasible, other special projects in delinquency prevention by utilizing and coordinating existing resources within the community; and

      (d) Seek and secure [moneys] money and resources to carry out the purposes of the youth services commission.

      Sec. 28.  NRS 432B.050 is hereby amended to read as follows:

      432B.050  1.  “Court” means :

      1.  In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

      2.  In any other judicial district, the juvenile division of the district court.

      Sec. 29.  NRS 432B.410 is hereby amended to read as follows:

      432B.410  1.  The court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is a child in need of protection or may be a child in need of protection.

      2.  Action taken by the [juvenile] court because of the abuse or neglect of a child does not preclude the prosecution and conviction of any person for violation of NRS 200.508 based on the same facts.

      Sec. 30.  NRS 435.081 is hereby amended to read as follows:

      435.081  1.  The administrator or his designee may receive a mentally retarded person of this state for services in a facility operated by the division if:

      (a) He is mentally retarded as defined in NRS 433.174 and is in need of institutional training and treatment;

      (b) Space is available which is designed and equipped to provide appropriate care for him;

      (c) The facility has or can provide an appropriate program of training and treatment for him; and

      (d) There is written evidence that no less restrictive alternative is available in his community.

      2.  A mentally retarded person may be accepted at a division facility for emergency evaluation when the evaluation is requested by a court. A person must not be retained pursuant to this subsection for more than 10 working days.


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

ê1991 Statutes of Nevada, Page 2187 (Chapter 659, SB 395)ê

 

      3.  A court may order that a mentally retarded person be admitted to a division facility if it finds that admission is necessary because of the death or sudden disability of the parent or guardian of the person. The person must not be retained pursuant to this subsection for more than 45 days. Before the expiration of the 45-day period the division shall report to the court its recommendations for placement or treatment of the person. If less restrictive alternatives are not available, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      4.  A child may be received, cared for and examined at a division facility for the mentally retarded for not more than 10 working days without admission, if the examination is ordered by a [juvenile] court having jurisdiction of the minor in accordance with the provisions of paragraph (e) of subsection 1 of NRS 62.211 and subsection 1 of NRS 432B.560. At the end of the 10 days, the administrator or his designee shall report the result of the examination to the [juvenile] court and shall detain the child until the further order of the court, but not to exceed 7 days after the administrator’s report.

      5.  The parent or guardian of a person believed to be mentally retarded may apply to the administrative officer of a division facility to have the person evaluated by personnel of the division who are experienced in the diagnosis of mental retardation. The administrative officer may accept the person for evaluation without admission.

      6.  If, after the completion of an examination or evaluation pursuant to subsection 4 or 5, the administrative officer finds that the person meets the criteria set forth in subsection 1, the person may be admitted to the facility using the procedures for voluntary or involuntary admission, as appropriate.

      7.  If, at any time, the parent or guardian of a person admitted to a division facility on a voluntary basis, or the person himself if he has attained the age of 18 years, requests in writing that the person be discharged, the administrative officer shall discharge the person. If the administrative officer finds that discharge from the facility is not in the person’s best interests, he may initiate proceedings for involuntary admission, but the person must be discharged pending those proceedings.

      Sec. 31.  NRS 609.250 is hereby amended to read as follows:

      609.250  Except for employment as a performer in a motion picture, it is unlawful for any person [, firm, or corporation] to employ any child under 14 years of age in any business or service [whatever] during the hours in which the public schools of the school district in which the child resides are in session, unless the child has been excused from attendance by the school district or [under] by order of the juvenile division or family division of the district court for the purpose of employment.

      Sec. 32.  NRS 62.034 is hereby repealed.

      Sec. 33.  1.  The additional district judges required for the second and eighth judicial districts pursuant to sections 6 and 7 of this act must be selected at the general election held on November 3, 1992, and shall take office on January 4, 1993.

      2.  The terms of these judges expire on January 4, 1999.

      Sec. 34.  1.  The National Council of Juvenile and Family Court Judges shall conduct a study to determine the appropriate workload levels for the family courts. The Council shall conduct the study in cooperation with the staff of the legislative counsel bureau and report the results of the study to the 67th session of the legislature.


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

ê1991 Statutes of Nevada, Page 2188 (Chapter 659, SB 395)ê

 

staff of the legislative counsel bureau and report the results of the study to the 67th session of the legislature.

      2.  The Council shall conduct an operational study of the family courts for the period from January 1, 1992, through December 31, 1994, and report the results of the study to the 68th session of the legislature.

      3.  The district court of each judicial district in which a family court is not created by the provisions of this act shall report the 67th session of the legislature concerning whether the court desires to have a family court created in the district. The report may include recommendations for modification of the provisions of this act to accommodate the creation of a family court in such districts.

      Sec. 35.  1.  There is hereby appropriated from the state general fund the sum of $285,000 for the salaries and judicial pensions of the additional district judges required by sections 6 and 7 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 36.  1.  This section and sections 24 and 34 of this act become effective on July 1, 1991.

      2.  Sections 6, 7 and 33 of this act become effective on November 3, 1992.

      3.  The remaining sections of this act become effective January 4, 1993.

 

________

 

 

CHAPTER 660, SB 372

Senate Bill No. 372–Senator Getto

CHAPTER 660

AN ACT making appropriations to Nye County and the City of Wells from the emergency fund of the supplemental city-county relief tax; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

      whereas, The Nye County Regional Medical Center is responsible for the payment of a debt owed to the public employees’ retirement system; and

      whereas, Nye County does not have sufficient financial resources to contribute to the payment of this debt; and

      whereas, Although many rural areas are currently without doctors, the residents of the City of Wells now have a doctor, but the existing medical facility does not meet health and safety standards and therefore cannot be used; and

      whereas, It would cost less to build a new medical facility than to repair the existing structure; and

      whereas, The City of Wells does not have the financial resources to construct a new medical facility; and

      whereas, These conditions were unforeseen and uncontrollable, and substantially impair the financial capacity of Nye County and the City of Wells to provide the basic services for which they were created;


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

ê1991 Statutes of Nevada, Page 2189 (Chapter 660, SB 372)ê

 

      whereas, NRS 354.5988 authorizes special distributions to be made from the emergency fund for the supplemental city-county relief tax if 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; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988:

      (a) To Nye County the sum of $400,000 for the payment of the debt owed by the Nye County Regional Medical Center to the public employees’ retirement system.

      (b) To the City of Wells the sum of $300,000 for the construction of a medical facility that will meet existing health and safety standards.

      Sec. 2.  Any remaining balance of the sums appropriated by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the emergency fund of the supplemental city-county relief tax created pursuant to NRS 354.5988 as soon as all payments of money committed have been made.

      Sec. 3.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by paragraphs (a) and (b) of section 1 of this act to the county treasurer of Nye County and the city treasurer of the City of Wells, respectively.

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

 

________

 

 

CHAPTER 661, SB 361

Senate Bill No. 361–Senators Getto, Townsend, Adler, Coffin, Cook, Glomb, Jacobsen, Nevin, O’Donnell, Raggio, Rawson, Shaffer, Smith, Titus and Tyler

CHAPTER 661

AN ACT relating to solid waste; requiring the office of community services to develop and report on markets in this state for products made from recycled materials; requiring school districts to purchase recycled products under certain circumstances; requiring local governments to purchase recycled products under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.200 is hereby amended to read as follows:

      439.200  1.  The state board of health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:

      (a) To define and control dangerous communicable diseases.


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

ê1991 Statutes of Nevada, Page 2190 (Chapter 661, SB 361)ê

 

      (b) To prevent and control nuisances.

      (c) To regulate sanitation and sanitary practices in the interests of the public health.

      (d) To provide for the sanitary protection of water and food supplies.

      (e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, [NRS] 444.650 and [NRS] 445.080 to 445.710, inclusive [.] , and section 2 of this act.

      (f) To protect and promote the public health generally.

      (g) To carry out all other purposes of this chapter.

      2.  Except as otherwise provided in NRS 444.650, those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the regulations provided for in this section.

      3.  The state board of health may grant a variance from the requirements of a regulation if it finds that:

      (a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and

      (b) The variance, if granted, would not:

             (1) Cause substantial detriment to the public welfare; or

             (2) Impair substantially the purpose of that regulation.

      4.  Each regulation adopted by the state board of health must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the residents of the state.

      Sec. 2.  Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The office of community services shall:

      (a) Develop markets in this state for products made from recycled materials;

      (b) Determine the feasibility for the development of markets outside the state for products made from recycled materials; and

      (c) Provide producers of recycled materials in this state with information relating to manufacturers of products made from those materials.

      2.  The office of community services shall, not later than February 1 of each year, submit a report to the director of the legislative counsel bureau for presentation to the legislature. The report must include:

      (a) A general description of the markets for recycled materials in this state; and

      (b) Any recommendations relating to:

             (1) Increasing the demand for recycled materials and developing markets for recycled materials;

             (2) The development of state and local policies which encourage the purchasing of products manufactured from recycled materials; and

             (3) Financial assistance and incentives to encourage the use of recycled materials in this state.

      3.  As used in this section, “recycled material” means material which is separated from solid waste and processed for use as a raw material or product.


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

ê1991 Statutes of Nevada, Page 2191 (Chapter 661, SB 361)ê

 

      Sec. 3.  NRS 444.450 is hereby amended to read as follows:

      444.450  As used in NRS 444.440 to 444.620, inclusive, and sections 10.3 and 10.5 of [this act,] Assembly Bill No. 320 of this session, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.500, inclusive, have the meaning ascribed to them in those sections.

      Sec. 4.  NRS 444.510 is hereby amended to read as follows:

      444.510  1.  The governing body of every municipality or district board of health created pursuant to NRS 439.370 shall develop a plan to provide for a solid waste management system which adequately provides for the disposal of solid waste within the boundaries of the municipality or with in the area to be served by the system, whether generated within or outside of the boundaries of the area.

      2.  The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.

      3.  Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to [effectuate] carry out or develop portions of the plan provided for in subsection 1 , or both, and to provide a solid waste management system, or any part thereof.

      4.  Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 must be submitted to the state department of conservation and natural resources for approval. No action may be taken by [any such] that governing body or district board of health until the plan has been approved.

      5.  Any regulation or plan adopted by the state board of health before July 1, 1975, for solid waste management systems remains in effect until the regulation or plan is revised by the state environmental commission.

      Sec. 5.  NRS 332.065 is hereby amended to read as follows:

      332.065  1.  When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the award must, except as otherwise provided in subsection 2, be made to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder must be judged on the basis of price, conformance to specifications, bidders’ qualifications including the bidders’ past performance in such matters, quality and utility of services, supplies, materials or equipment offered and their adaptability to the required purpose and in the best interest of the public, each of the factors being considered.

      2.  The governing body [may give preference to the purchase of recycled products if the product costs no more than 5 percent more than a comparable nonrecycled product.] :

      (a) Shall give preference to recycled products if:

             (1) The product meets the applicable standards;

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than a comparable nonrecycled product.

      (b) May give preference to recycled products if:

             (1) The product meets the applicable standards;


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

ê1991 Statutes of Nevada, Page 2192 (Chapter 661, SB 361)ê

 

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than 5 percent more than a comparable nonrecycled product.

      (c) May purchase recycled paper products if the specific recycled paper product is:

             (1) Available at a price not more than 10 percent higher than that of paper products made from virgin material;

             (2) Of adequate quality; and

             (3) Available to the purchaser within a reasonable period.

      3.  If after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he does not supply goods or services in accordance with the bid specifications, or if he repudiates the contract, the governing body of any hospital may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.

      4.  As used in this section:

      (a) “Post-consumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

      (b) “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

             (1) Post-consumer waste; and

             (2) Secondary waste,

but does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimming of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

      (c) “Secondary waste” means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value.

      Sec. 6.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as section 7, 8 and 9 of this act.

      Sec. 7.  As used in this section and sections 8 and 9 of this act, unless the context otherwise requires:

      1.  “Post-consumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

      2.  “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

      (a) Post-consumer waste; and

      (b) Secondary waste,

but does not include fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.


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

ê1991 Statutes of Nevada, Page 2193 (Chapter 661, SB 361)ê

 

      3.  “Secondary waste” means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value.

      Sec. 8.  1.  The board of trustees of each school district shall review and revise the specifications for procuring goods and products for the schools in the district to eliminate discrimination against the procurement or purchase of recycled products whenever the quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. Except for specifications which have been established to preserve the public health and safety, all specifications for procurement must be established in a manner which results in the maximum procurement and purchase of recycled products.

      2.  After consultation with the state department of conservation and natural resources, the board of trustees of each school district shall adopt regulations governing the bidding procedure and specifications for paper and paper products purchased by the schools in the district that encourage the maximum purchase of recycled paper products. The specifications must give preference to recycled paper products manufactured with the highest percentage of recycled material.

      Sec. 9.  1.  Except as otherwise provided in this section, the person authorized to purchase supplies and materials for each school district shall, when purchasing goods and products for use by the school district, give preference to recycled products if:

      (a) The product meets the applicable standards;

      (b) The product can be substituted for a comparable nonrecycled product; and

      (c) The product costs no more than a comparable nonrecycled product.

      2.  When purchasing goods and products for use by the school district, the person authorized to make such purchases may give preference to recycled products if:

      (a) The product meets the applicable standards;

      (b) The product can be substituted for a comparable nonrecycled product; and

      (c) The product costs no more than 5 percent more than a comparable nonrecycled product.

      3.  When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases shall purchase recycled paper products if the specific recycled paper product is:

      (a) Available at a price not more than that of paper products made from virgin material;

      (b) Of adequate quality; and

      (c) Available to the purchaser within a reasonable period.

      4.  When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases may purchase recycled paper products if the specific recycled paper product is:

      (a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;

      (b) Of adequate quality; and


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

ê1991 Statutes of Nevada, Page 2194 (Chapter 661, SB 361)ê

 

      (c) Available to the purchaser within a reasonable period.

      Sec. 10.  1.  This section and sections 1 to 4, inclusive, of this act become effective on October 1, 1991.

      2.  Sections 6 to 9, inclusive, of this act become effective on January 1, 1992.

      3.  Section 5 of this act become effective at 12:01 a.m. on January 1, 1992.

 

________

 

 

CHAPTER 662, SB 338

Senate Bill No. 338–Committee on Finance

CHAPTER 662

AN ACT making an appropriation to the budget division of the department of administration for the payment of expenses related to improvements in the computer system to upgrade and enhance the existing on-line budgeting system; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 budget division of the department of administration the sum of $300,000 for payment of expenses related to improvements in the computer system including the upgrade and enhancement of software and hardware for the existing on-line budgeting 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, 1993, 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 663, SB 311

Senate Bill No. 311–Senator Jacobsen

CHAPTER 663

AN ACT making an appropriation to Douglas County for a vocational technology building at the China Springs Youth Camp; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 Douglas County the sum of $250,000 for a vocational technology building at the China Springs Youth Camp.


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

ê1991 Statutes of Nevada, Page 2195 (Chapter 663, SB 311)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 664, SB 302

Senate Bill No. 302–Committee on Finance

CHAPTER 664

AN ACT making an appropriation to the National College of Juvenile and Family Law for expenses relating to the operation of the college; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 National College of Juvenile and Family Law the sum of $200,000 for expenses relating to the operation of the college.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 665, SB 294

Senate Bill No. 294–Committee on Commerce and Labor

CHAPTER 665

AN ACT relating to barbers; increasing certain fees charged by the state barbers’ health and sanitation board; providing for the biennial renewal of a license to operate a barbershop; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 643.090 is hereby amended to read as follows:

      643.090  1.  Each applicant for a [license] certificate of registration as a practitioner of barbering [shall] must file an application duly verified by him for an examination before the board.

      2.  The application [shall be in such form and shall contain such matters as may be required] must be in a form prescribed by the board.


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

ê1991 Statutes of Nevada, Page 2196 (Chapter 665, SB 294)ê

 

      3.  Each application must be accompanied by the fees provided by subsection 4.

      4.  The board shall annually fix the examination fees, which [shall] must not be more than [$75.] $100.

      5.  Each applicant [shall,] must, at the time of filing the application , [and annually thereafter,] file a certificate of a licensed physician certifying that [such] the applicant is free from tuberculosis and other communicable diseases.

      Sec. 2.  NRS 643.140 is hereby amended to read as follows:

      643.140  1.  Every registered barber and every registered apprentice who continues in active practice or service shall biennially, on or before April 1 of each even-numbered year, renew his certificate of registration and pay the required fee. The board shall fix the fee for renewal of a [license,] certificate of registration, which must not be more than [$40.] $60. Every certificate of registration which has not been renewed before May 1 of [any] an even-numbered year expires on that date.

      2.  A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within 2 years after the expiration of his certificate of registration. The board shall fix the restoration fee, which must not be more than [$80.] $120.

      Sec. 3.  NRS 643.1714 is hereby amended to read as follows:

      643.1714  1.  The board shall establish the fee for an inspection [is $25.] , which must not be more than $50. The fee for a license to operate a barbershop or for the renewal of the license [shall not exceed $15.] must not be more than $50.

      2.  Each license to operate a barbershop [shall] must be renewed [annually.] biennially, during April of each odd-numbered year. Each licensee shall pay the biennial fee for registration which must be prorated for the period from the date the license is issued to the end of the biennium. Each such license which has not been renewed in April of [any] an odd-numbered year expires on May 1 of that year. An expired license may be restored upon payment of:

      (a) The license fee; and

      (b) A restoration fee established by the board, which [shall not exceed $30.] must not be more than $50.

 

________


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

ê1991 Statutes of Nevada, Page 2197ê

 

CHAPTER 666, SB 245

Senate Bill No. 245–Committee on Commerce and Labor

CHAPTER 666

AN ACT relating to insurance; changing certain fees required of entities regulated by the commissioner of insurance; reducing the required number of incorporators for a domestic insurer; changing certain reporting requirements from a fiscal to a calendar year; allowing a person to retain his license as a resident agent or broker for 60 days after establishing residency in another state; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 680B.010 is hereby amended to read as follows:

      680B.010  The commissioner shall collect in advance and receipt for, and persons so served must pay to the commissioner, fees and miscellaneous charges as follows:

       1.  Insurer’s certificate of authority:

       (a) Filing initial application and making related examination               $500

       (b) Issuance of certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive......................................................................         283

             (2) For two or more kinds of insurance as so defined    [500]       578

             (3) For a reinsurer.................................................. [250]       283

       (c) Each annual continuation of a certificate:

             (1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive............................................................. [250]       283

             (2) For two or more kinds of insurance as so defined                    578

             (3) For a reinsurer........................................................        283

       (d) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.

       (e) Registration of additional title pursuant to NRS 680A.240                 50

Annual renewal...............................................................           25

       2.  Charter documents, other than those filed with application for certificate of authority. Filing amendments to articles of incorporation, charter, bylaws, power of attorney and other constituent documents of the insurer, each document...............................................................         $10

       3.  Annual statement or report. For filing annual statement or report          $25

       4.  Service of process:

       (a) Filing of power of attorney...........................................           $5

       (b) Acceptance of service of process...............................             5

       5.  Agents’ licenses, appointments and renewals:

       (a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340:

             (1) Application and license..........................................         $78


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

ê1991 Statutes of Nevada, Page 2198 (Chapter 666, SB 245)ê

 

             (2) Appointment by each insurer................................             5

             (3) Triennial renewal of each license...........................           78

             (4) Temporary license....................................................           10

       (b) Other nonresident agents:

             (1) Application and license..........................................         138

             (2) Appointment by each insurer................................           25

             (3) Triennial renewal of each license...........................         138

       6.  Brokers’ licenses and renewals:

       (a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:

             (1) Application and license..........................................         $78

             (2) Triennial renewal of each license...........................           78

       (b) Other nonresident brokers:

             (1) Application and license..........................................         258

             (2) Triennial renewal of each license...........................         258

       (c) Surplus lines brokers:

             (1) Application and license..........................................           78

             (2) Triennial renewal of each license...........................           78

       7.  Solicitors’ licenses, appointments and renewals:

       (a) Application and license.................................................         $78

       (b) Triennial renewal of each license.................................           78

       (c) Initial appointment.........................................................             5

       8.  Managing general agents’ licenses, appointments and renewals:

       (a) Resident managing general agents:

             (1) Application and license..........................................         $78

             (2) Initial appointment, each insurer...........................             5

             (3) Triennial renewal of each license...........................           78

       (b) Nonresident managing general agents:

             (1) Application and license..........................................         138

             (2) Initial appointment, each insurer...........................           25

             (3) Triennial renewal of each license...........................         138

       9.  Adjusters’ licenses and renewals:

       (a) Independent and public adjusters:

             (1) Application and license..........................................         $78

             (2) Triennial renewal of each license...........................           78

       (b) Associate adjusters:

             (1) Application and license..........................................           78

             (2) Initial appointment...................................................             5

             (3) Triennial renewal of each license...........................           78

       10.  Licenses and renewals for appraisers of physical damage to motor vehicles:

       (a) Application and license.................................................         $78

       (b) Triennial renewal of each license.................................           78

       11.  Additional title and property insurers pursuant to NRS 680A.240:

       (a) Original registration............................................... [$25]       $50

       (b) Annual renewal..............................................................           25


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

ê1991 Statutes of Nevada, Page 2199 (Chapter 666, SB 245)ê

 

       12.  Insurance vending machines:

       (a) Application and license, for each machine.................         $78

       (b) Triennial renewal of each license.................................           78

       13.  Permit for solicitation for securities:

       (a) Application for permit....................................................       $100

       (b) Extension of permit........................................................           50

       14.  Securities salesmen for domestic insurers:

       (a) Application and license.................................................         $25

       (b) Annual renewal of license............................................           15

       15.  Rating organizations:

       (a) Application and license.................................................       $100

       (b) Annual renewal..............................................................         100

       16.  Certificates and renewals for administrators licensed pursuant to chapter 683A of NRS:

       (a) Resident administrators:

             (1) Application and certificate of registration...........         $78

             (2) Triennial renewal......................................................           78

       (b) Nonresident administrators:

             (1) Application and certificate of registration...........         138

             (2) Triennial renewal......................................................         138

       17.  For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.

       18.  Certified copies of certificates of authority and licenses issued pursuant to the insurance code.................................................         $10

       19.  For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.

       20.  Letter of clearance for an agent or broker................           $5

       21.  Certificate of status as a licensed agent or broker..           $5

       22.  Licenses, appointments and renewals for bail agents:

       (a) Application and license.................................................         $78

       (b) Initial appointment by each surety insurer................             5

       (c) Triennial renewal of each license.................................           78

       23. Licenses and renewals for property bondsmen:

       (a) Application and license.................................................         $78

       (b) Triennial renewal of each license.................................           78

       24.  Licenses, appointments and renewals for general bail agents:

       (a) Application and license.................................................         $78

       (b) Initial appointment by each insurer.............................             5

       (c) Triennial renewal of each license.................................           78

       25.  Licenses and renewals for bail solicitors:

       (a) Application and license.................................................         $78

       (b) Triennial renewal of each license.................................           78

       26.  Licenses and renewals for title agents and escrow officers:

       (a) Resident title agents and escrow officers:

             (1) Application and license..........................................         $78


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

ê1991 Statutes of Nevada, Page 2200 (Chapter 666, SB 245)ê

 

             (2) Triennial renewal of each license...........................           78

       (b) Nonresident title agents and escrow officers:

             (1) Application and license..........................................         138

             (2) Triennial renewal of each license...........................         138

       (c) Change in name or location of business or in association                 10

       27.  Certificate of authority and renewal for a seller of prepaid funeral contracts........................................................................................         $78

       28.  Licenses and renewals for agents for prepaid funeral contracts:

       (a) Resident agents:

             (1) Application and license..........................................         $78

             (2) Triennial renewal of each license...........................           78

       (b) Nonresident agents:

             (1) Application and license..........................................         138

             (2) Triennial renewal of each license...........................         138

       29.  Licenses, appointments and renewals for agents for fraternal benefit societies:

       (a) Resident agents:

             (1) Application and license..........................................         $78

             (2) Appointment.............................................................             5

             (3) Triennial renewal of each license...........................           78

       (b) Nonresident agents:

             (1) Application and license..........................................         138

             (2) Triennial renewal of each license...........................         138

       30.  Surplus lines:

       (a) Filing of affidavit pursuant to NRS 685A.050............         $25

       (b) Filing of memorandum pursuant to NRS 685A.060...           25

       (c) Filing of amendment to the memorandum when additional premium is reported.........................................................................................           10

       31.  Agents for and sellers of prepaid burial contracts:

       (a) Resident agents and sellers:

             (1) Application and certificate or license...................         $78

             (2) Triennial renewal......................................................           78

       (b) Nonresident agents and sellers:

             (1) Application and certificate or license...................         138

             (2) Triennial renewal......................................................         138

       32.  Required filing of forms:

       (a) For rates and policies.....................................................         $25

       (b) For riders and endorsements........................................           10

      Sec. 2.  NRS 683A.130 is hereby amended to read as follows:

      683A.130  1.  For the protection of the people of this state, the commissioner shall not issue, continue or permit to exist any agent’s, broker’s or solicitor’s license except in compliance with this chapter. Any natural person for whom such a license is issued, continued or permitted to exist must:

      (a) Be a bona fide resident of, and reside within, this state. This paragraph does not apply to:

             (1) An agent brought into this state by an insurer to replace an agent disabled, deceased or dismissed; [or]


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

ê1991 Statutes of Nevada, Page 2201 (Chapter 666, SB 245)ê

 

             (2) A licensed nonresident agent or nonresident broker of this state who otherwise qualifies for a license and is licensed as a resident within 60 days after he becomes a bona fide resident of this state. This subparagraph does not otherwise apply to nonresident agents and nonresident brokers [.] ; or

             (3) A licensed resident agent or resident broker during the 60 days next following the date he establishes his residence in another state.

      (b) Be at least 18 years of age.

      (c) If he applies for or holds an agent’s license, have been appointed an agent by an authorized insurer, subject to the issuance of the license.

      (d) If he applies for or holds a solicitor’s license, be the bona fide employee of a licensed resident agent or a licensed resident broker as a solicitor, or be so employed subject to the issuance of the license.

      (e) If he applies for or holds a broker’s license, have had experience as an agent, solicitor, managing general agent, adjuster or broker or have had other special experience, education or training, all of sufficient content and duration reasonably necessary for competence in fulfilling the responsibilities of a broker.

      (f) Be competent, trustworthy and financially responsible.

      (g) Pass [any] each examination required for the license [under] pursuant to this chapter.

      (h) Successfully complete [any] each course of instruction which the commissioner requires by regulation.

      2.  The commissioner shall not differentiate between persons entitled to act as agents, on the basis that the persons are engaged in other businesses to which the insurance agency is incidental or supplemental.

      3.  The commissioner may require applicants for licensing to pay, in addition to the fee required by NRS 683A.150, a fee of $15 for the recovery fund.

      Sec. 3.  NRS 683A.450 is hereby amended to read as follows:

      683A.450  1.  In addition to [provisions therefor under other] any other authority conferred upon him by the provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue any license issued [under] pursuant to this chapter or any surplus lines broker’s license if, after notice to the licensee [and to the insurer represented (as to] , each insurer the licensee represents as an agent or managing general agent [), to the employer (as to a solicitor),] and each person by whom the licensee is employed as a solicitor, and upon a hearing [(unless] , unless the hearing is waived pursuant to NRS 683A.460 , [),] he finds that as to the licensee any one or more of the following causes exist:

      (a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.

      (b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.

      (c) For an intentional material misstatement in an application for a license or in connection therewith.

      (d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.


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

ê1991 Statutes of Nevada, Page 2202 (Chapter 666, SB 245)ê

 

      (e) For misappropriation or conversion to his own use, or illegal withholding, of money belonging to policyholders, insurers, beneficiaries or others and received in the conduct of business under the license.

      (f) For a material misrepresentation of the terms of any existing or proposed insurance contract.

      (g) If in the conduct of his affairs under the license the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.

      (h) For aiding, abetting or assisting another person to violate any of the provisions of this code.

      2.  The commissioner shall [promptly revoke the license of:

      (a) Any] :

      (a) Revoke the license of any licensed resident agent or resident broker who establishes his residence in another state [.

      (b) Any] , 60 days after the establishment of such residence.

      (b) Immediately revoke the license of any licensee convicted by final judgment of a felony involving moral turpitude.

      3.  If a licensee changes his address without written notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee, the commissioner may revoke the license without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the division, and the letter is returned to the commissioner undelivered, such , mailing shall be deemed an adequate effort by the commissioner to locate the licensee.

      4.  The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any natural person designated in or registered as to the license to exercise its powers.

      5.  In addition to or in lieu of suspension, revocation or refusal to continue any such license for any of the causes specified in subsection 1, the commissioner may impose an administrative fine upon the licensee of not less than $25 [nor] or more than $500. The order levying the fine must specify the date, not less than 15 days [nor] or more than 30 days after the date of the order, before which the fine must be paid. Upon failure of [payment of] the licensee to pay the fine when due, the commissioner shall [promptly] immediately revoke the licenses of the licensee and the fine must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall [promptly] immediately deposit all such fines collected with the state treasurer.

      Sec. 4.  NRS 686A.310 is hereby amended to read as follows:

      686A.310  1.  Engaging in any of the following activities in considered to be an unfair practice:

      (a) Misrepresenting to insureds or claimants pertinent facts or insurance policy provisions relating to any coverage at issue.

      (b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.

      (c) Failing to adopt and implement reasonable standards for the prompt investigation and processing of claims arising under insurance policies.


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

ê1991 Statutes of Nevada, Page 2203 (Chapter 666, SB 245)ê

 

      (d) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss requirements have been completed and submitted by the insured.

      (e) Failing to effectuate prompt, fair and equitable settlements of claims in which liability of the insurer has become reasonably clear.

      (f) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds, when the insureds have made claims for amounts reasonably similar to the amounts ultimately recovered.

      (g) Attempting to settle a claim by an insured for less than the amount to which a reasonable person would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application.

      (h) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of, the insured, his representative, agent or broker.

      (i) Failing, upon payment of a claim, to inform insureds or beneficiaries of the coverage under which payment is made.

      (j) Marking known to insureds or claimants a practice of the insurer of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.

      (k) Delaying the investigation or payment of claims by requiring an insured or a claimant, or the physician of either, to submit a preliminary claim report, and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.

      (l) Failing to settle claims promptly, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.

      (m) Failing to comply with the provisions of NRS 687B.310 to 687B.390, inclusive [.] , or 687B.410.

      (n) Failing to provide promptly to an insured a reasonable explanation of the basis in the insurance policy, with respect to the facts of the insured’s claim and the applicable law, for the denial of his claim or for an offer to settle or compromise his claim.

      (o) Advising an insured or claimant not to seek legal counsel.

      (p) Misleading an insured or claimant concerning any applicable statute of limitations.

      2.  In addition to any rights or remedies available to the commissioner, an insurer is liable to its insured for any damages sustained by the insured as a result of the commission of any act set forth in subsection 1 as an unfair practice.

      Sec. 5.  Chapter 689 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Trust liability” means 75 percent of the purchase price.

      Sec. 6.  NRS 689.015 is hereby amended to read as follows:

      689.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 689.035 to 689.145, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.


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

ê1991 Statutes of Nevada, Page 2204 (Chapter 666, SB 245)ê

 

words and terms defined in NRS 689.035 to 689.145, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 692B.020 is hereby amended to read as follows:

      692B.020  1.  The general corporation laws of this state [shall] govern the incorporation of domestic stock and mutual insurers formed after January 1, 1972, where not in conflict with the express provisions of this code. In case of such conflict the express provisions of this code [shall] govern.

      2.  [Such a] A domestic insurer [shall] must be incorporated by not less than [five individuals, each of whom must be a citizen of the United States of America.] three natural persons. The articles of incorporation [shall state] must set forth the name and residence address of each of the true incorporators, and dummy incorporators [shall] must not be used.

      3.  The articles of incorporation [shall also state:] must also set forth:

      (a) The names and addresses of each proposed director or officer who is not an incorporator;

      (b) The kind or kinds of insurance proposed to be transacted, in accordance with the definitions thereof contained in NRS 681A.010 to 681A.080, inclusive;

      (c) If to be a stock insurer, the amount of authorized capital, the number of shares into which divided, and the par value of each [such] share, which par value [shall be not] must not be less than $1. Shares without nominal or par value [shall] must not be authorized. All authorized shares [shall] must be of one class, with one vote per outstanding share and equal rights between outstanding shares as to dividends and distributions, and in all other respects; and

      (d) If to be a mutual insurer, the contingent liability of policyholders for payment of losses and expenses of the insurer, which liability [shall be not] must not be less than one [nor] or more than six times the policyholder’s premium at the annual rate for a term of 1 year, as specified in the articles of incorporation. Such contingent liability may be rendered inoperative pursuant to the provisions of NRS 693A.250 . [(nonassessable policies).]

      4.  The articles of incorporation of a proposed stock insurer [shall] must require that all shares be issued at a price not less than par value, and [shall] must not provide for stock options.

      Sec. 8.  NRS 695C.210 is hereby amended to read as follows:

      695C.210  1.  Every health maintenance organization shall [annually,] file with the commissioner on or before [the first day of March, file] March 1 of each year a report [verified by at least two principal officers with the commissioner with a copy to the state board of health] showing its financial condition on the last day of the preceding [fiscal year.

      2.  Such report shall] calendar year. The report must be verified by at least two principal officers of the organization. The organization shall file a copy of the report with the state board of health.

      2.  The report must be on forms prescribed by the commissioner and [shall] must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding [fiscal year certified by an independent public accountant;] calendar year;


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

ê1991 Statutes of Nevada, Page 2205 (Chapter 666, SB 245)ê

 

      (b) Any material changes in the information submitted pursuant to NRS 695C.070;

      (c) The number of persons enrolled during the year, the number of enrollees as of the end of the year, the number of enrollments terminated during the year and [may include] , if requested by the commissioner, a compilation of the reasons for such terminations ; [, if requested by the commissioner;]

      (d) The number and amount of malpractice claims initiated against the health maintenance organization and any of the providers used by it during the year broken down into claims with and without form of legal process, and the disposition, if any, of each such claim, if requested by the commissioner;

      (e) A summary of information compiled pursuant to paragraph (c) of subsection 2 of NRS 695C.080 in such form as required by the state board of health; and

      (f) Such other information relating to the performance of the health maintenance organization as is necessary to enable the commissioner to carry out his duties [under] pursuant to this chapter.

      3.  Every health maintenance organization shall file with the commissioner annually a financial statement of the organization certified by an independent public accountant. The statement must cover the preceding 12-month period and must be filed with the commissioner within 90 days after the end of the organization’s fiscal year.

      4.  If an organization fails to file timely the report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      5.  The commissioner may grant a reasonable extension of time for filing the report or financial statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      Sec. 9.  NRS 695D.140 is hereby amended to read as follows:

      695D.140  [Every]

      1.  Except as otherwise provided in subsection 2, every organization issued a certificate of authority by the commissioner shall notify him of any change in the information provided to obtain its certificate of authority within 10 days after the change.

      2.  Every such organization that wishes to make a change in the geographic areas which it serves, or to make any other material modification of the operations described in the information required by NRS 695D.120, shall file with the commissioner an application for the amendment of the certificate of authority and pay to him an application fee of $100. If the commissioner does not disapprove the application within 30 days after filing, it shall be deemed approved.

      Sec. 10.  NRS 695D.150 is hereby amended to read as follows:

      695D.150  A certificate of authority expires at midnight on March 1 following the date it was issued or previously renewed. The commissioner shall renew the certificate of any organization for dental care which:

      1.  Continues to comply with the provisions of this chapter; and

      2.  Pays the fee for renewal of [$250.] $283.


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

ê1991 Statutes of Nevada, Page 2206 (Chapter 666, SB 245)ê

 

      Sec. 11.  NRS 695D.260 is hereby amended to read as follows:

      695D.260  1.  Every organization for dental care shall [,] file with the commissioner on or before March 1 of each year [, file with the commissioner] a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.

      2.  The report must be on a form prescribed by the commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year . [certified by an independent public accountant.]

      (b) Any material changes in the information given in the previous report.

      (c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.

      (d) The costs of all goods, services and dental care provided that year.

      (e) Any other information relating to the plan for dental care requested by the commissioner.

      3.  Every organization for dental care shall file with the commissioner on or before June 1 of each year a financial statement of the organization certified by an independent public accountant.

      4.  If an organization fails to file timely the report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      5.  The commissioner may grant a reasonable extension of time for filing the report or financial statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      6.  The organization shall pay the commissioner the annual tax , [and] any penalty for nonpayment or delinquent payment of the tax imposed in chapter 680B of NRS and a filing fee of $25 at the time the annual report is filed.

      Sec. 12.  NRS 696A.140 is hereby amended to read as follows:

      696A.140  The commissioner shall not issue a certificate of authority to any motor club until:

      1.  It files with him the following:

      (a) A formal application for the certificate in such form and detail as the commissioner requires, executed under oath by its president or other principal officer.

      (b) A certified copy of its charter or articles of incorporation and its bylaws.

      2.  It pays to him the following:

      (a) A fee of $500 for the filing of an application for the certificate ; [in the amount of $500;] and

      (b) A fee of $283 for the issuance of the certificate . [in the amount of $250.]

      3.  It deposits the required cash, securities, bond or evidence of such a deposit in another state as provided in NRS 696A.080 with the commissioner.

      4.  Its name is approved by the commissioner [under the provisions of] pursuant to NRS 696A.120.


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

ê1991 Statutes of Nevada, Page 2207 (Chapter 666, SB 245)ê

 

      Sec. 13.  NRS 696A.150 is hereby amended to read as follows:

      696A.150  Every certificate of authority issued to a motor club expires annually on March 1 unless it is revoked or suspended. The certificate may be renewed by paying to the commissioner an annual fee for renewal of [$250] $283 before the expiration of the certificate.

      Sec. 14.  NRS 696A.185 is hereby amended to read as follows:

      696A.185  1.  Every motor club shall file with the commissioner on or before March 1 of each year a report which summarizes its activities for the preceding calendar year. The report must be verified by at least two officers of the motor club.

      2.  The report must be on a form prescribed by the commissioner and must include:

      (a) A financial statement for the motor club, including its balance sheet and receipts and disbursements for the preceding [year, certified by an independent certified public accountant;] calendar year;

      (b) Any material changes in the information given in the previous report;

      (c) The number of members enrolled in the year;

      (d) The costs of all services provided for that year; and

      (e) Any other information relating to the motor club requested by the commissioner.

      3.  The motor club must pay to the commissioner the fee for filing an annual report required by NRS 680B.010.

      4.  Every motor club shall file with the commissioner on or before June 1 of each year a financial statement of the motor club certified by an independent public accountant.

      5.  Any motor club failing, without just cause beyond it reasonable control, to file timely the report or financial statement required by this section shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The attorney general shall recover the penalty in the name of the State of Nevada.

      6.  A motor club is not exempt from the provisions of NRS 679B.158.

 

________

 

 

CHAPTER 667, SB 241

Senate Bill No. 241–Senator Rhoads

CHAPTER 667

AN ACT relating to schools; increasing the maximum amount of tax that may be levied to raise money for capital projects in certain districts; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.3285 is hereby amended to read as follows:

      387.3285  1.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than [50] 75 cents on each $100 of assessed valuation of taxable property within the county.


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

ê1991 Statutes of Nevada, Page 2208 (Chapter 667, SB 241)ê

 

county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than [50] 75 cents on each $100 of assessed valuation of taxable property within the county.

      2.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than [35] 50 cents on each $100 of assessed valuation of taxable property within the county.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.

      Sec. 2.  NRS 318.1375 is hereby amended to read as follows:

      318.1375  1.  The board of trustees of a district created wholly or in part to furnish facilities for public schools may levy a tax upon all taxable property within its boundaries to raise money for the following purposes, and no others:

      (a) Construction or purchase of new buildings for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including, but not limited to, playgrounds, athletic fields and sites for stadiums.

      (d) Purchasing necessary furniture and equipment for schools.

      2.  The rate of the tax levied pursuant to subsection 1, when added to the rate, if any, levied pursuant to NRS 387.3285 by the school district with the greatest amount of territory included within the boundaries of the district to furnish facilities for public schools, must not exceed:

      (a) For a district whose enrollment is 25,000 pupils or more, [35] 50 cents on each $100 of assessed valuation.

      (b) For a district whose enrollment is less than 25,000 pupils, [50] 75 cents on each $100 of assessed valuation.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

      4.  The plans for any facility to be constructed or otherwise acquired by a district to furnish facilities for public schools must be approved by the board of trustees of the school district in which the facility will be located.

      5.  A district created wholly or in part to furnish facilities for public schools is not entitled to receive any distribution of supplemental city-county relief tax.


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

ê1991 Statutes of Nevada, Page 2209 (Chapter 667, SB 241)ê

 

      Sec. 3.  A board of county commissioners that is collecting a tax pursuant to NRS 387.3285 or 387.3287 on the effective date of this act may not increase the amount of the tax pursuant to the amendatory provisions of section 1 of this act without the approval of a majority of the registered voters of the county voting upon the question.

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

 

________

 

 

CHAPTER 668, SB 225

Senate Bill No. 225–Senator Getto

CHAPTER 668

AN ACT making an appropriation to the City of Caliente for the development of plans for a city hall complex in Caliente; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the City of Caliente the sum of $50,000 for the development of plans for a city hall complex in Caliente.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 669, SB 57

Senate Bill No. 57–Committee on Human Resources and Facilities

CHAPTER 669

AN ACT relating to mental health; expanding the locations at which the required medical examination of a person may be conducted before his admission to a mental health facility; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before an allegedly mentally ill person may be transported to a public or private mental health facility pursuant to NRS 433A.160, he must:

      (a) [First] Except as otherwise provided in subsection 2, first be examined [at a county hospital or hospital designated by the county] by a licensed physician at a licensed hospital at which the physician has been granted privileges to determine whether he has a medical problem, other than a psychiatric problem, which requires immediate treatment; and


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

ê1991 Statutes of Nevada, Page 2210 (Chapter 669, SB 57)ê

 

      (b) If such treatment is required, be admitted to a hospital for the appropriate medical care.

      2.  If an allegedly mentally ill person is being examined in a county whose population is less than 400,000, he may be examined by a physician licensed in this state outside of a licensed hospital.

      3.  The cost of the examination must be paid by the county in which the allegedly mentally ill person resides [,] if services are provided at a county hospital located in that county or a hospital designated by that county, unless the cost is voluntarily paid by [that] the allegedly mentally ill person or on his behalf, by his insurer or by a state or federal program of medical assistance.

      [3.] 4.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.

      [4.] 5.  The cost of treatment, including hospitalization, for an indigent must be paid pursuant to NRS 428.010 by the county in which the allegedly mentally ill person resides.

 

________

 

 

CHAPTER 670, SB 46

Senate Bill No. 46–Committee on Finance

CHAPTER 670

AN ACT making an appropriation to the supreme court of Nevada for new equipment and software for data processing; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 supreme court of Nevada the sum of $244,924 for new equipment and software for data processing.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the equipment and software is purchased, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 2211ê

 

CHAPTER 671, SB 28

Senate Bill No. 28–Committee on Commerce and Labor

CHAPTER 671

AN ACT relating to collection agencies; authorizing the exemption of certain out-of-state collection agencies from the licensing requirements; authorizing the adoption of regulations permitting collection agencies licensed in this state to collect debts outside of this state; increasing the membership of the collection agency advisory board; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 649 of NRS is hereby amended by adding thereto a new section to read as follows:

      The commissioner may adopt regulations authorizing collection agencies licensed in this state to collect from a location outside of this state, debts due or asserted to be due another person in this state.

      Sec. 2.  NRS 649.047 is hereby amended to read as follows:

      649.047  1.  The collection agency advisory board, consisting of [three] five members appointed by the governor, is hereby created. The members appointed must be residents of this state and represent collection agencies.

      2.  After the initial terms, each member of the board serves a term of 4 years. No member may serve more than two consecutive terms.

      3.  The governor shall designate the chairman of the board from its members.

      4.  [Two] Three members of the board constitute a quorum, and a quorum may exercise all the powers conferred on the board.

      5.  The board shall meet regularly at least [quarterly] semiannually and may meet at other times upon the call of the chairman. While he is engaged in the business of the board, each member is entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 3.  NRS 649.167 is hereby amended to read as follows:

      649.167  1.  A collection agency licensed in this state may apply to the commissioner for a permit to operate a branch office in this state in a location not previously approved by its license.

      2.  The commissioner shall not issue a permit for a branch office until the principal office of the collection agency has been examined by the commissioner and found to be satisfactory.

      3.  A branch office must have a manager on the premises during regular business hours.

      4.  The commissioner shall adopt regulations concerning an application for a permit to operate a branch office.

      Sec. 4.  1.  Notwithstanding the provisions of NRS 649.075, if a collection agency wishes to be exempt from the provisions of chapter 649 of NRS, the agency may apply to the commissioner of financial institutions for an exemption. The commissioner shall grant such an exemption if he finds that:

      (a) The agency:

             (1) Is licensed as a collection agency in the state where its attempts to collect claims from residents of Nevada originate, and that the licensing state is authorized by its law to investigate complaints received from residents of this state and to take disciplinary action against the agency in connection with such complaints; and

 


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

ê1991 Statutes of Nevada, Page 2212 (Chapter 671, SB 28)ê

 

is authorized by its law to investigate complaints received from residents of this state and to take disciplinary action against the agency in connection with such complaints; and

             (2) Collects only debts within this state which are exempt from the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.; or

      (b) The agency:

             (1) Is licensed as a collection agency in the state where its attempts to collect claims from residents of Nevada originate, and that the licensing state is authorized by its law to investigate complaints received from residents of this state and to take disciplinary action against the agency in connection with such complaints;

             (2) Does not have an office or any employees in this state and does not, by mail, telephone, advertising or any other means, solicit in this state a claim for collection; and

             (3) Has no contact with debtors or customers in this state other than its attempts to collect a claim by mail or telephone from a location outside of this state.

      2.  To be granted an exemption pursuant to this section, a collection agency must apply no later than 6 months after the effective date of this act. The commissioner of financial institutions shall not grant such an exemption to an agency that applies after that date. Any exemption granted pursuant to this section remains effective after that date.

      Sec. 5.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 672, SB 552

Senate Bill No. 552–Committee on Judiciary

CHAPTER 672

AN ACT relating to peace officers; providing a procedure for the reporting and investigation of certain improper governmental actions; providing a civil remedy for the violation of the rights of a peace officer by his employer; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A peace officer may disclose information regarding improper governmental action by filing a report with:

      (a) The district attorney of the county in which the improper governmental action occurred; or

      (b) The attorney general if the district attorney referred to in paragraph (a) is involved in the improper governmental action.

      2.  Upon the filing of a report pursuant to subsection 1, the district attorney or attorney general may investigate the report and determine whether improper governmental action did occur.


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ê1991 Statutes of Nevada, Page 2213 (Chapter 672, SB 552)ê

 

improper governmental action did occur. Upon the completion of the investigation the district attorney or attorney general:

      (a) If he determines that improper governmental action did occur, may prosecute the violation. The attorney general may prosecute such a violation if the district attorney fails or refuses so to act.

      (b) Shall notify the peace officer who filed the report of the results of the investigation.

      3.  The employer of a peace officer shall not take any reprisal or retaliatory action against a peace officer who in good faith files a report pursuant to subsection 1.

      4.  Nothing in this section authorizes a person to disclose information if disclosure is otherwise prohibited by law.

      5.  This section does not apply to a peace officer who is employed by the state.

      6.  As used in this section, “improper governmental action” means any action taken by an officer or employee of a law enforcement agency, while in the performance of his official duties which is in violation of any state law or regulation.

      Sec. 3.  Any peace officer aggrieved by an action of his employer in violation of this chapter may, after exhausting any applicable internal grievance procedures, grievance procedures negotiated pursuant to chapter 288 of NRS and other administrative remedies, apply to the district court for judicial relief. If the court determines that the employer has violated a provision of this chapter, the court shall order appropriate injunctive or other extraordinary relief to prevent the further occurrence of the violation and the taking of any reprisal or retaliatory action by the employer against the peace officer.

      Sec. 4.  NRS 289.040 is hereby amended to read as follows:

      289.040  1.  No law enforcement agency may place an unfavorable comment or document in the file of a peace officer unless:

      (a) The officer has read and initialed the comment or document; or

      (b) If the officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

      2.  If the peace officer submits to the law enforcement agency a written response within 30 days after he is asked to initial the comment or document, his response must be attached to and accompany the comment or document.

      3.  A peace officer must be given a copy of any comment or document that is placed in his personnel file.

 

________


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

ê1991 Statutes of Nevada, Page 2214ê

 

CHAPTER 673, AB 714

Assembly Bill No. 714–Committee on Ways and Means

CHAPTER 673

AN ACT making an appropriation to the interim finance committee for the support of the Nevada Appellate and Post-Conviction Project; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 interim finance committee the sum of $200,000 for the support of a nonprofit corporation formed to provide services in the defense of capital cases pending or arising in this state.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  The interim finance committee shall direct the state controller to transfer to the corporation described in section 1 of this act the sum appropriated by that section upon a showing to the committee:

      1.  That the corporation has been incorporated under the laws of this state as a nonprofit corporation;

      2.  That the affairs of the corporation are governed by a board of directors or trustees consisting of residents of this state; and

      3.  That the purpose of the corporation is to provide legal and related services in the defense of capital cases pending or arising in this state.

      Sec. 4.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 674, SB 324

Senate Bill No. 324–Committee on Government Affairs

CHAPTER 674

AN ACT relating to the recall of public officers; requiring persons who give notice of their intent to circulate a petition for recall to file the petition with the proper officer regardless of the number of signatures obtained on the petition; authorizing a person who signs such a petition to remove his name from the petition before it is submitted for the verification of the signatures thereon; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 306.015 is hereby amended to read as follows:

      306.015  1.  Whenever a petition for the purpose of recalling any public officer is to be circulated, the persons proposing to circulate the petition shall file a notice of intent with the filing officer with whom the [petition for nomination to the office is required by law to be filed.] public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy pursuant to NRS 293.185, 293.620 or 293.640.


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

ê1991 Statutes of Nevada, Page 2215 (Chapter 674, SB 324)ê

 

recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy pursuant to NRS 293.185, 293.620 or 293.640.

      2.  The notice of intent [must be:

      (a) Signed] :

      (a) Must be signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.

      (b) [Verified] Must be verified before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) [Valid for a period of 60 days.] Is valid until the verification of signatures in completed pursuant to NRS 293.1276 to 293.1279, inclusive.

      3.  The [petition for the purpose of recalling any public officer expires if it is not filed with the proper officer on or before the expiration of the notice of intent.] persons filing the notice of intent shall, if they believe the required signatures to be sufficient, submit the petition to the county clerk pursuant to NRS 306.035 within 60 days after the date on which the notice of intent was filed. Copies of [an expired] the petition are not valid for any subsequent petition.

      4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy.

      5.  If the persons filing the notice of intent do not submit the petition to the county clerk for the verification of the signatures thereon, they shall file the petition with the filing officer with whom the public officer to be recalled filed his declaration of candidacy, acceptance of candidacy or affidavit of candidacy within 60 days after the date on which the notice of intent was filed. Any person who fails to file the petition as required by this subsection is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

      6.  Any person who signs a petition to recall any public officer may remove his name from the petition by submitting a request in writing to the county clerk at any time before the petition is submitted for the verification of the signatures thereon pursuant to NRS 306.035.

      Sec. 2.  NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon the filing of the petition, the officer with whom the petition is filed shall cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to the petition over all but criminal matters [.] and shall set the hearing for a date no later than 30 days after the filing of the petition.

      2.  If the officer against whom the petition is filed is a:

      (a) State officer who is elected statewide, the hearing on the petition must be held by the first judicial district court.

      (b) District officer whose district includes area in more than one county, the hearing on the petition must be held in the district court for the county in which the largest population of the district is located.

The notice must be published once in a newspaper of general circulation in the appropriate county or, if the officer is a state officer who is elected statewide, in each county of the state. The notice must contain the names of the signers of the petition and the reasons for the proposed recall.


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

ê1991 Statutes of Nevada, Page 2216 (Chapter 674, SB 324)ê

 

the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike his name if good cause appears therefor.

      3.  At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer with whom the petition is filed either to cease any further proceedings in the matter or, if the officer against whom the petition was filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days after the date of the order, for a special election to be held in the state, or in the county, district or municipality electing the officer against whom the petition was filed, to determine whether the people will recall him.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 675, AB 652

Assembly Bill No. 652–Committee on Legislative Functions and Elections

CHAPTER 675

AN ACT relating to elections; extending the period during which a person may withdraw his candidacy; increasing the maximum number of registered voters for precincts in which a mechanical voting system is used; extending the period for the removal of a voter’s affidavit of registration from the registrar of voters’ register for failure to vote in a general election; revising the date on which absent ballots must be available to voters; changing the time for canceling an affidavit of registration to vote for failure to vote from 2 years to 4 years; making an appropriation; providing a penalty; making various other changes relating to elections; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 6, inclusive, of this act.

      Sec. 2.  In addition to the methods described in NRS 293.530, the county clerk in each county whose population is 100,000 or more, shall enter into an agreement with the United States Postal Service or any person authorized by it to obtain the data compiled by the United States Postal Service concerning changes of addresses of its postal patrons for use by the county clerk to correct voter registration lists.

      Sec. 3.  1.  Unless the data described in section 2 of this act is not available, the county clerk shall review each notice of a change of address filed with the United States Postal Service by a resident of the county and identify each resident who is a registered voter and has moved to a new address within the county. The county clerk shall mail a notice to each such registered voter. The notice must be in substantially the following form:


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

ê1991 Statutes of Nevada, Page 2217 (Chapter 675, AB 652)ê

 

Important Information Concerning Voter Registration

 

       You have recently filed a notice of a change of address with the United States Postal Service. This office will reregister you at your new address unless, within 15 days after the date of this notice, you notify this office that your change of address is not a change of your permanent residence.

 

      2.  The county clerk shall provide each such registered voter with a return notice for which the postage is guaranteed, to notify the clerk that the address is not a change of permanent residence.

      3.  The county clerk shall mail a notice in the manner prescribed in NRS 293.530 to each registered voter of the county who has filed a notice of a change of address with the United States Postal Service which indicates that he has moved from the county.

      Sec. 4.  The secretary of state shall adopt regulations to carry out the provisions of sections 2 and 3 of this act.

      Sec. 5.  1.  Any person who tampers or interferes with, or attempts to tamper or interfere with a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to prevent the proper operation of that device, system or program is guilty of a felony.

      2.  The county clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      Sec. 6.  1.  Any registered voter of this state who resides outside the continental United States may use a facsimile machine to request an absent ballot.

      2.  The county clerk shall use a facsimile machine to send an absent ballot to the registered voter.

      3.  The registered voter shall mail his absent ballot to the county clerk.

      4.  The secretary of state shall adopt regulations to carry out the provisions of this section.

      5.  As used in this section, “facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

      Sec. 7.  NRS 293.013 is hereby amended to read as follows:

      293.013  “Absent ballot” means a ballot voted by a person who expects to be or is absent from the polling place for his precinct or district on election day.

      Sec. 8.  NRS 293.202 is hereby amended to read as follows:

      293.202  Any withdrawal of candidacy for office must be in writing and must be presented by the candidate in person, within [5] 7 days after the last day for filing, to the officer whose duty it is to receive filings for candidacy for that office.

      Sec. 9.  NRS 293.203 is hereby amended to read as follows:

      293.203  Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election in a newspaper of general circulation in the county once a week for 2 successive weeks.


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

ê1991 Statutes of Nevada, Page 2218 (Chapter 675, AB 652)ê

 

once a week for 2 successive weeks. If no such newspaper is published in the county, [then such] the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice [shall] must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek [election.] nomination.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 293.207 is hereby amended to read as follows:

      293.207  1.  Election precincts must be established on the basis of the number of registered voters therein, with a maximum of 600 registered voters per precinct in those precincts in which paper ballots are used, or a maximum of [1,000] 1,500 registered voters per precinct in those precincts in which a mechanical voting system is used.

      2.  The county clerk may consolidate two or more contiguous election precincts into a single voting district to conduct a particular election as public convenience, necessity and economy may require.

      Sec. 12.  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. The secretary of state shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy, affidavit of candidacy and any petition which is filed pursuant to the general election laws of this state.

      2.  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;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests;

      (l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to NRS 293.391.

      (m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections; and

      [(m)] (n) Such other matters as determined necessary by the secretary of state.


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

ê1991 Statutes of Nevada, Page 2219 (Chapter 675, AB 652)ê

 

      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 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. 13.  NRS 293.277 is hereby amended to read as follows:

      293.277  1.  No person may vote at any election unless his name, on the day of election, appears on the election board register furnished by the county clerk to the precinct or district election board, or unless he presents a certificate of error issued by the county clerk.

      2.  If a person’s name appears in the election board register or on a certificate of error, he is entitled to vote, and he shall sign his name in the precinct or district roster when he applies to vote. His signature must be compared by an election board officer with [that] the signature or a facsimile thereof on his original affidavit of registration, the certificate of error or one of the forms of identification listed in subsection 3.

      3.  The forms of identification which may be used individually to identify a voter at the polling place are:

      (a) The card issued to the voter at the time of his registration;

      (b) A driver’s license;

      (c) An identification card issued by the department of motor vehicles and public safety;

      (d) A military identification card; and

      (e) Any other form of identification which contains the voter’s signature and physical description or picture.

      Secs. 14 and 15.  (Deleted by amendment.)

      Sec. 16.  NRS 293.304 is hereby amended to read as follows:

      293.304  1.  If a person is successfully challenged on the ground set forth in paragraph (c) of subsection 2 of NRS 293.303, the election board shall issue a statement to the person on a form provided by the secretary of state which contains:

      (a) The name of the voter;

      (b) The address which appears on the record of voter registration;

      (c) The address at which the voter actually resides;

      (d) The signatures of the members of the election board who issued the statement; and

      (e) Other information which the secretary of state deems necessary to carry out the provisions of this section.

      2.  The county clerk of each county shall maintain a special polling place in his office and in each polling location during each primary or general election. The ballots for the special polling place must contain provisions for voting for any of the following offices and questions if an election is being held for the offices and questions, and no others:

      (a) President and Vice President of the Unites States;

      (b) United States Senator;


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

ê1991 Statutes of Nevada, Page 2220 (Chapter 675, AB 652)ê

 

      (c) All state officers for whom all voters in the state may vote;

      (d) All county officers for whom all voters in the county may vote; and

      (e) Questions which have been submitted to all of the voters of the county or state.

      3.  If a person comes to the special polling place and presents a properly prepared statement issued pursuant to subsection 1, the county clerk shall permit him to vote at the special polling place, using the special ballot prepared pursuant to subsection 2.

      4.  The secretary of state shall provide by regulation for:

      (a) Forms for statements; and

      (b) The counting and security of ballots voted at a special polling place.

      Sec. 17.  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.] have requested absent ballots.

      2.  The ballot must be prepared and ready for distribution [not later than 20 days before the election in which it is to be used.

      2.] to a registered voter who:

      (a) Resides within the state, not later than 20 days before the election in which it is to be used; or

      (b) Resides outside the state:

             (1) For a primary election or general election, not later than 40 days before that election, if possible; or

             (2) For a primary city election or general city election, not later than 20 days before that election.

      3.  Any legal action which would prevent the ballot from being issued [20 days before the election for which it is to be used] pursuant to subsection 2 is moot and of no effect.

      Sec. 18.  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 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.  Any registered voter who:

      (a) Is at least 65 years old; or

      (b) Has a physical disability or condition which substantially impairs his ability to go to the polling place,

may request an absent ballot for all elections held during the year he requests an absent ballot. The registered voter shall include in his request a description of his physical disability or condition.

      3.  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot which is signed by the registered voter and received by the county clerk [which is signed by the registered voter stating the ground upon which he is entitled to receive an absent ballot;] ; or

 


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ê1991 Statutes of Nevada, Page 2221 (Chapter 675, AB 652)ê

 

voter stating the ground upon which he is entitled to receive an absent ballot;] ; or

      (b) Form prescribed by the secretary of state which is completed and signed by the registered voter and received by the county clerk.

      Sec. 19.  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 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 appropriate clerk for an absent ballot at any time before 5 p.m. on the day of the election. The 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 clerk.

      3.  A request for a ballot [under] pursuant to this section must be made, and the ballot delivered to the voter and returned to the 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. 20.  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 [last Friday in June] third Thursday in August and before 5 p.m. on the [last Friday in September] fourth 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 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 third Thursday in April and before 5 p.m. on the fourth 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. 21.  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.


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

ê1991 Statutes of Nevada, Page 2222 (Chapter 675, AB 652)ê

 

subsection 1. Thereafter, the county or city clerk shall deposit the absent ballots in the appropriate ballot boxes.

      3.  After [the polls close] 8 a.m. on election day, the appropriate board shall count in public the votes cast on the absent ballots.

      4.  [The result] If paper ballots are used, the results of the absent ballot vote in each precinct must be certified and submitted to the county or city clerk, who shall have the results added to the regular votes of the precinct. If a mechanical voting system is used in which a voter casts his ballot by punching a card which is counted by a computer, the absent ballots may be counted with the regular votes of the precinct. The results of the absent ballot vote must not be identified separately from the regular votes of the precinct on any abstract or printout produced by a computer of the results of the election.

      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. 22.  (Deleted by amendment.)

      Sec. 23.  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 shall appoint at least one registered voter to serve as a deputy registrar who, except as provided in NRS 293.5055, shall register voters within the county for which he is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a deputy registrar. A deputy registrar serves at the pleasure of the county clerk and shall perform his duties as the county clerk may direct.

      3.  A deputy registrar 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. If all of the unused affidavits are not returned to the county clerk, the deputy registrar shall account for the unreturned affidavits.

      6.  Each deputy registrar 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.] a list of the serial numbers of the completed affidavits of registration and the names of the electors on those affidavits. The serial numbers must be listed in numerical order.

      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.

      8.  A deputy registrar shall not:

      (a) Delegate any of his duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.


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ê1991 Statutes of Nevada, Page 2223 (Chapter 675, AB 652)ê

 

      9.  A person shall not hold himself out to be or attempt to exercise the duties of a deputy registrar unless he has been so appointed.

      10.  A county clerk or deputy registrar shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his ballot for or against a particular question or candidate; or

      (c) Distribute any material concerning a candidate or question which will be on the ballot for the ensuing election,

while he is registering an elector.

      11.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 24.  NRS 293.520 is hereby amended to read as follows:

      293.520  The registration or reregistration of electors who are unable to sign their names [shall] must be made upon personal application of [such] those electors at the office of the county clerk where they may be identified [. Such] or in the presence of a deputy registrar. The electors may use a mark or cross in place of a signature.

      Sec. 25.  NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The department of motor vehicles and public safety shall inquire of each qualified elector who applies in person to register a motor vehicle, for the issuance, renewal or correction of any type of driver’s license or for an identification card whether he desires to complete an application to register to vote by use of a single form containing the necessary information required by this chapter and subsection 2.

      2.  If the elector desires to complete an application for registration, he shall complete and sign an affidavit containing the following statement: “I ........................., do solemnly swear (or affirm) under penalty of perjury that I am a citizen of the United States and that on the date of the next ensuring election I will have attained the age of 18 years and will have continuously resided in the State of Nevada, county of ........................., at least 30 days and in my precinct at least 10 days before the next ensuing election. I further swear (or affirm) under penalty of perjury that the present address I listed herein is my sole legal place of residence and that I claim no other place as my legal residence. I further swear (or affirm) that I am not now laboring under any felony conviction or other loss of civil rights which would make it unlawful for me to vote.”

      3.  For the purposes of this section, each employee specifically authorized to do so by the director of the department may oversee the completion of the affidavit and application. The authorized employee shall check the application for completeness and verify the information required by the affidavit of registration. The authorized employee shall stamp the application for registration to validate it and shall provide the applicant with a receipt verifying the submission of the application. The department shall, except as otherwise provided in this subsection, forward each such application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. During the 2 weeks immediately preceding the close of registration for an election the applications must be forwarded daily.

      4.  Upon receipt of such an application, the county clerk or registrar of voters shall determine whether the application is complete. If he determines that the application is complete, the applicant shall be deemed registered as of the date of the submission of the application.


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ê1991 Statutes of Nevada, Page 2224 (Chapter 675, AB 652)ê

 

that the application is complete, the applicant shall be deemed registered as of the date of the submission of the application. If he determines that the application is not complete, he shall notify the applicant by mail at the mailing address stated on the application of the additional information required. The applicant shall be deemed registered as of the date of the initial submission of the application if the additional information is provided [before the close of registration.] within 30 days after the notice for the additional information is mailed. If the applicant has not provided the additional information [before the close of registration,] within 30 days after the notice for the additional information is mailed, the incomplete application is void.

      5.  The secretary of state shall, with the approval of the director of the department of motor vehicles and public safety, adopt regulations which:

      (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Provide for the form of the application of registration to be used by the department of motor vehicles and public safety; and

      (c) Provide for the transfer of the completed applications of registration from the department of motor vehicles and public safety to the appropriate county clerk or registrar of voters for inclusion in the election board registers and registrar of voters’ register.

      Sec. 26.  NRS 293.525 is hereby amended to read as follows:

      293.525  Except as otherwise provided in NRS 293.304 and 293.490, and section 3 of this act, any elector who is presently registered and has changed his residence after the last preceding general election from one precinct or district to another within the same county is not eligible to vote unless he submits to the county clerk before the close of registration a written and signed request or a form prescribed by the secretary of state that the county clerk transfer his registration to the new address. No affidavit is required.

      Sec. 27.  NRS 293.540 is hereby amended to read as follows:

      293.540  The county clerk shall cancel an affidavit of registration:

      1.  If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office.

      2.  If the insanity of the person registered is legally established.

      3.  Upon the production of a certified copy of the judgment of conviction of a felony of the person registered.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.

      5.  Upon the request of any registered voter to affiliate with any political party or to change his affiliation, if that change is made before the end of the last day for filing declarations of candidacy for a primary election.

      6.  Upon the request of any registered voter who has changed his name, if that voter satisfies the registrar that the change has been legally effected.

      7.  At the request of the person registered.

      8.  If any registered voter fails to vote in any [general] presidential election.

      9.  [If] Except as otherwise provided in section 3 of this act, if he has discovered an incorrect registration pursuant to NRS 293.530 or section 2 of [this act.] Senate Bill No. 335 of this session.


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ê1991 Statutes of Nevada, Page 2225 (Chapter 675, AB 652)ê

 

      Sec. 28.  NRS 293.545 is hereby amended to read as follows:

      293.545  1.  Immediately after the county commissioners of a county canvass the [general election vote,] vote in a presidential election, the county clerk shall compare the registrar of voters’ register for each precinct or district in the county with the list of registered voters who voted at the election in each precinct or district as shown by the pollbook or roster returned to the county clerk by the election board of the precinct or district [election board] and the [absent ballot] central counting board [,] for absent ballots, if one has been appointed . [, to the county clerk.]

      2.  A county clerk shall remove from the registrar of voters’ register and from the election board register by [January] February 1 of the year following the presidential election the affidavit of registration of any elector who failed to vote at the election if he first mails a written notice which the United States Postal Service is required to forward to that elector of his intention to cancel the affidavit of registration for failure to vote in the [general] presidential election, and the elector does not [, within 15] mail, within 30 days after he receives the notice, [mail a] the return postcard provided by the county clerk with the notice, stating under penalty of perjury that he [:

      (a) Does] does not wish to have his affidavit of registration canceled [; and

      (b)] and:

      (a) Currently resides at the residence indicated on his affidavit of registration [.] ; or

      (b) Has moved to a new residence within the county.

For the purpose of this subsection, the elector is deemed to have received the notice 3 days after the notice is mailed.

      3.  The postcard provided by the county clerk pursuant to subsection 2 must:

      (a) Allow an elector, who has moved to a new residence within the county, to indicate his new address on the postcard; and

      (b) Provide information concerning the procedure for registering to vote.

      4.  An absent voter whose ballot is voted and mailed or delivered to the county clerk within 10 days after the date of the [general] presidential election must not be considered as having failed to vote [under] pursuant to subsection 2.

      [4.] 5.  After the county clerk completes the cancellation of registration, he shall provide the secretary of state with the number of registered voters in the county according to political party and district.

      Sec. 29.  NRS 293.547 is hereby amended to read as follows:

      293.547  1.  After the 30th day but not later than the [seventh] 15th day before any election, a written challenge may be filed with the county clerk.

      2.  A registered voter may file a written challenge if:

      (a) He is registered to vote in the same precinct or district as the person whose right to vote is challenged; or

      (b) The challenge is based on the personal knowledge of the registered voter.

      3.  The challenge must be signed and verified by [a] the registered voter and name the person whose right to vote is challenged and the ground of the challenge.


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ê1991 Statutes of Nevada, Page 2226 (Chapter 675, AB 652)ê

 

      4.  A challenge filed pursuant to this section must not contain the name of more than one person whose right to vote is challenged. The county clerk shall not accept for filing any challenge which contains more than one such name.

      5.  The county clerk shall file the challenge in the registrar of voters’ register and:

      (a) In counties where records of registration are not kept by computer, he shall attach a copy of the challenge to the challenged registration in the election board register.

      (b) In counties where records of registration are kept by computer, he shall have the challenge printed on the computer entry for the challenged registration and add a copy of it to the election board register.

      6.  The county clerk shall, within 5 days after a challenge is filed, mail a notice to the person whose right to vote has been challenged pursuant to this section informing him of the challenge. A copy of the challenge must accompany the notice.

      Secs. 30 and 31.  (Deleted by amendment.)

      Sec. 32.  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.] the number of ballots in the ballot boxes.

      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. 33.  NRS 295.056 is hereby amended to read as follows:

      295.056  1.  Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk for verification the document or documents which were circulated for signature within his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

      2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not less than 95 days before the next regular session of the legislature.

      3.  If a petition for initiative proposes an amendment to the constitution, the document or documents must be submitted not less than 155 days before the date of the next succeeding general election.

      4.  If the petition is for referendum, the document or documents must be submitted not less than 185 days before the date of the next succeeding general election.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time.

      Sec. 34.  NRS 306.015 is hereby amended to read as follows:

      306.015  1.  [Whenever] Before a petition [for the purpose of recalling any] to recall a public officer is [to be] circulated, the persons proposing to circulate the petition shall file a notice of intent with the officer with whom the petition for nomination to the office is required by law to be filed.


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

ê1991 Statutes of Nevada, Page 2227 (Chapter 675, AB 652)ê

 

      2.  The notice of intent must be:

      (a) Signed by three registered voters who actually voted in the state or in the county, district or municipality electing the officer at the last preceding general election.

      (b) Verified before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) Valid for a period of 60 days.

      3.  The petition for the purpose of recalling any public officer expires if it is not filed with the proper officer on or before the expiration of the notice of intent. Copies of an expired petition are not valid for any subsequent petition.

      Sec. 35.  NRS 306.110 is hereby amended to read as follows:

      306.110  1.  A petition to nominate other candidates for the office must be signed by registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the last preceding general election.

      2.  The nominating petition must be filed, at least 15 days before the date of the special election, with the officer with whom the recall petition is filed.

      3.  Each candidate who is nominated for office must file an acceptance of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 at least 15 days before the date of the special election.

      Sec. 36.  1.  There is hereby appropriated from the state general fund to the secretary of state the sum of $35,000 for the costs to carry out the provisions of sections 2 and 3 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 37.  The secretary of state shall adopt the regulations required by section 4 of this act not later than January 1, 1992.

      Sec. 38.  Sections 2, 3 and 4 of this act expire by limitation on September 30, 1993.

      Sec. 39.  1.  This section, section 1, sections 4 to 15, inclusive, 17 to 24, inclusive, and 28 to 38, inclusive, of this act become effective on October 1, 1991.

      2.  Sections 16, 25, 26 and 27 of this act become effective at 12:01 a.m. on October 1, 1991.

      3.  Sections 2 and 3 of this act become effective on January 1, 1992.

 

________


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ê1991 Statutes of Nevada, Page 2228ê

 

CHAPTER 676, AB 514

Assembly Bill No. 514–Committee on Ways and Means

CHAPTER 676

AN ACT relating to bicycles; requiring the department of motor vehicles and public safety to develop an educational program to promote bicycle safety; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 486 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The department shall develop an educational program concerning bicycle safety which must be:

      (a) Suitable for children and adults; and

      (b) Developed by a person who is trained in the techniques of bicycle safety.

      2.  The program must be designed to:

      (a) Aid bicyclists in improving their riding skills;

      (b) Inform bicyclists of applicable traffic laws and encourage observance of those laws; and

      (c) Promote bicycle safety.

 

________

 

 

CHAPTER 677, AB 513

Assembly Bill No. 513–Committee on Ways and Means

CHAPTER 677

AN ACT relating to bicycles; creating the Nevada bicycle advisory board; requiring governmental planning for transportation by bicycle; making various changes regarding the operation of bicycles and motor vehicles; prohibiting persons from throwing substances at or damaging bicycles; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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.  The driver of a motor vehicle shall not:

      (a) Intentionally interfere with the movement of a person lawfully riding a bicycle; or

      (b) Overtake and pass a person riding a bicycle unless he can do so safely without endangering the person riding the bicycle.

      2.  The driver of a motor vehicle shall yield the right of way to any person riding a bicycle on the pathway or lane. The driver of a motor vehicle shall not stop, stand, park or drive within a pathway or lane provided for bicycles except:


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

ê1991 Statutes of Nevada, Page 2229 (Chapter 677, AB 513)ê

 

      (a) When preparing to make or making a turn;

      (b) When entering or existing an alley or driveway;

      (c) When operating or parking a disabled vehicle;

      (d) To avoid conflict with other traffic;

      (e) In the performance of official duties;

      (f) In compliance with the directions of a police officer; or

      (g) In an emergency.

      3.  The operator of a bicycle shall not:

      (a) Intentionally interfere with the movement of a motor vehicle; or

      (b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.

      Sec. 2.  NRS 484.313 is hereby amended to read as follows:

      484.313  1.  The department of transportation [and local authorities] or a local authority, after considering the advice of the Nevada bicycle advisory board, may with respect to any controlled-access highway under [their respective jurisdictions prohibit or require] its jurisdiction:

      (a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle; or

      (b) If it determines that the use of the highway for such a purpose would not be safe, prohibit the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.

      2.  Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a misdemeanor.

      Sec. 3.  NRS 484.509 is hereby amended to read as follows:

      484.509  1.  Every person operating a bicycle upon a roadway shall , except:

      (a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;

      (b) When preparing to turn left; or

      (c) When doing so would not be safe,

ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

      2.  Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

      [3.  Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.]

      Sec. 4.  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 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.


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

ê1991 Statutes of Nevada, Page 2230 (Chapter 677, AB 513)ê

 

      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, 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 wheels skid on dry, level, clean pavement.

      Sec. 5.  Chapter 486 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  1.  The Nevada bicycle advisory board, consisting of 14 members appointed by the governor, is hereby created.

      2.  The governor shall appoint to the board:

      (a) Seven members who reside in various geographical areas of this state, of which:

             (1) One member must be less than 21 years of age at the time of his appointment.

             (2) One member must be representative of an organization in this state interested in environmental issues.

             (3) One member must be representative of an organization in this state interested in the promotion of bicycling.

             (4) One member must be representative of an organization in this state involved in training persons in the safe use of bicycles.

             (5) One member must own or manage a business for the sale or repair of bicycles.

             (6) Two members must be representative of the public at large.

      (b) One member who is a representative of the department of education.

      (c) One member who is a representative of the division of environmental protection of the state department of conservation and natural resources.

      (d) One member who is a representative of the division of state parks of the state department of conservation and natural resources.

      (e) One member who is a representative of the health division of the department of human resources.

      (f) One member who is a representative of the planning division of the department of transportation.

      (g) One member who is a representative of the department of motor vehicles and public safety.

      (h) One member who is a representative of the commission on tourism.

After the initial terms, the term of each member of the board appointed pursuant to paragraph (a) is 2 years. The remaining members serve at the pleasure of the governor.

      3.  Members of the board must serve in that capacity without compensation, except that necessary travel and per diem expenses may be reimbursed, not to exceed the amounts provided for state officers and employees generally, to the extent that money is made available for that purpose.

      Sec. 7.  1.  The Nevada bicycle advisory board shall:

      (a) At its first meeting and annually thereafter elect a chairman from among its members.

      (b) Meet regularly at least once each calendar quarter and may meet at other times upon the call of the chairman.

      (c) Promote programs and facilities for the safe use of bicycles in this state.


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ê1991 Statutes of Nevada, Page 2231 (Chapter 677, AB 513)ê

 

      (d) Advise appropriate agencies of the state on policies, programs and facilities for the safe use of bicycles.

      2.  The board may apply for any available grants and accept and use any gifts, grants or donations to aid the board in carrying out its duties.

      3.  The department of transportation shall provide secretarial services to the board.

      Sec. 8.  NRS 486.061 is hereby amended to read as follows:

      486.061  Except for a nonresident who is at least 16 years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive:

      1.  A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to [this chapter] NRS 486.011 to 486.381, inclusive, or a driver’s license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle.

      2.  A trimobile upon a highway unless that person holds a valid motorcycle driver’s license issued pursuant to [this chapter] NRS 486.011 to 486.381, inclusive, or a driver’s license issued pursuant to chapter 483 of NRS.

      Sec. 9.  NRS 486.101 is hereby amended to read as follows:

      486.101  1.  The application of any person under the age of 18 years for a motorcycle driver’s license [shall] must be signed and verified, before a person authorized to administer oaths, by either or both the father or mother of the applicant, if either or both are living and have custody of him, or if neither parent is living, then by the [person or] guardian having [such] custody, or by an employer of [such] the minor, or if there is no guardian or employer, then by any responsible person who is willing to assume the obligation imposed [under this chapter,] pursuant to NRS 486.011 to 486.381, inclusive, upon a person signing the application of a minor.

      2.  Any negligence or willful misconduct of a minor under the age of 18 years when driving a motorcycle upon a highway [shall be] is imputed to the person who [has] signed the application of [such] the minor for a license . [, which person shall be] That person is jointly and severally liable with [such] the minor for any damages caused by [such] negligence or willful misconduct.

      Sec. 10.  NRS 486.111 is hereby amended to read as follows:

      486.111  Any person who has signed the application of a minor for an instruction permit or license may thereafter file with the department a verified written request that the permit or license of the minor so granted be canceled. Thereupon, the department shall cancel the permit or license of the minor, and the person who signed the application of [such minor shall be] the minor is relieved from the liability imposed [under this chapter] pursuant to NRS 486.011 to 486.381, inclusive, by reason of having signed such application on account of any subsequent negligence or willful misconduct of such minor in driving a motorcycle.

      Sec. 11.  NRS 486.121 is hereby amended to read as follows:

      486.121  The department, upon receipt of satisfactory evidence of the death of the persons who signed the application of a minor for a license, shall cancel [such] the license and shall not issue a new license until [such time as] a new application, [duly] signed and verified, is made as required by [this chapter.]


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

ê1991 Statutes of Nevada, Page 2232 (Chapter 677, AB 513)ê

 

chapter.] NRS 486.011 to 486.381, inclusive. This provision [shall] does not apply if the minor has attained the age of 18 years.

      Sec. 12.  NRS 486.141 is hereby amended to read as follows:

      486.141  Every application for an instruction permit or driver’s license under the provisions of [this chapter shall] NRS 486.011 to 486.381, inclusive, must be made upon a form furnished by the department. There [shall] must be no charge for the making and filing of the application.

      Sec. 13.  NRS 486.171 is hereby amended to read as follows:

      486.171  A person shall not authorize or knowingly permit a motorcycle, except a trimobile, owned by him or under his control to be driven upon any highway by any person who is not authorized [by this chapter] pursuant to NRS 486.011 to 486.381, inclusive, to drive a motorcycle.

      Sec. 14.  NRS 486.251 is hereby amended to read as follows:

      486.251  1.  Every motorcycle or moped operated upon a highway of this state at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead [shall] must display lighted lamps and illuminating devices as respectively required [in this chapter.] pursuant to NRS 486.011 to 486.381, inclusive.

      2.  Every motorcycle or moped operated upon a highway [shall] must be equipped with stop lights to be lighted in the manner prescribed for the use of such devices.

      Sec. 15.  NRS 486.261 is hereby amended to read as follows:

      486.261  1.  Every motorcycle or moped [shall] must be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by [this chapter, shall emit] NRS 486.011 to 486.381, inclusive, emits a red light plainly visible from a distance of 500 feet to the rear.

      2.  [Such lamp shall] The tail lamp must be wired to be lighted whenever the head lamp is lighted.

      Sec. 16.  NRS 486.381 is hereby amended to read as follows:

      486.381  Any person violating any provisions of [this chapter] NRS 486.011 to 486.361, inclusive, is guilty of a misdemeanor.

      Sec. 17.  NRS 205.2741 is hereby amended to read as follows:

      205.2741  1.  It is unlawful for any person:

      (a) To throw any stone, rock, missile or any substance at any bicycle, or at any motorbus, truck or other motor vehicle; or

      (b) Wrongfully to injure, deface or damage any bicycle, or any motorbus, truck or other motor vehicle, or any part thereof.

      2.  Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged and in no event less than a misdemeanor.

      Sec. 18.  NRS 278.250 is hereby amended to read as follows:

      278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive. Within the zoning district it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.


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ê1991 Statutes of Nevada, Page 2233 (Chapter 677, AB 513)ê

 

      2.  The zoning regulations [shall] must be adopted in accordance with the master plan for land use and [shall] be designed:

      (a) To preserve the quality of air and water resources.

      (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      (c) To provide for recreational needs.

      (d) To protect life and property in areas subject to floods, landslides and other natural disasters.

      (e) To conform to the adopted population plan, if required by NRS 278.170.

      (f) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services [.] , including facilities and services for bicycles.

      (g) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

      (h) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

      (i) To promote health and the general welfare.

      3.  The zoning regulations [shall] must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

      Sec. 19.  NRS 408.233 is hereby amended to read as follows:

      408.233  1.  The primary responsibilities of the planning division are to:

      (a) Develop and coordinate balanced transportation policy and planning which are consistent with the social, economic and environmental goals of the state. The plan must be designed to meet the present and future needs of the state and local areas of the state for adequate, safe and efficient transportation facilities and services at a reasonable cost to the taxpayer . [; and]

      (b) Coordinate local plans for balanced transportation facilities and services and assist in application for federal grants which must be submitted through an appropriate or designated state agency. The facilities and services may include, but are not limited to, highways, pathways and special lanes for bicycles, railways, urban public transportation and aviation. The authority and duties of the department with respect to aviation are limited to areas outside the jurisdiction of any airport authority.

      2.  The planning division, in cooperation with other state agencies and with agencies of local government, shall:

      (a) Establish planning techniques and processes for all modes of transportation at an appropriate level, according to the requirements of the state and local areas of the state.

      (b) Prepare, revise when appropriate, provide supporting information for and assist in carrying out the transportation plan by providing assistance in the development of the department’s capital program for all modes of transportation.


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ê1991 Statutes of Nevada, Page 2234 (Chapter 677, AB 513)ê

 

      (c) Test and evaluate the policies, plans, proposals, systems, programs and projects of the department within the framework of the goals of the department.

      (d) Conduct research in planning techniques, travel needs, transportation potential for the state, investigating, testing and demonstrating methods and equipment suitable for application to the problems of transportation facing the state.

      3.  The department shall not operate any railroad or airport.

      Sec. 20.  As soon as practicable after October 1, 1991, the governor shall appoint to the Nevada bicycle advisory board:

      1.  Three of the members required pursuant to paragraph (a) of subsection 2 of section 6 of this act to terms that expire on September 30, 1992;

      2.  Four of the members required pursuant to paragraph (a) of subsection 2 of section 6 of this act to terms that expire on September 30, 1993; and

      3.  The seven members required pursuant to paragraph (b) to (h), inclusive, of subsection 2 of section 6 of this act to serve at the pleasure of the governor.

 

________

 

 

CHAPTER 678, AB 517

Assembly Bill No. 517–Committee on Ways and Means

CHAPTER 678

AN ACT relating to transportation; creating the position of drivers’ education and safety officer in the department of motor vehicles and public safety; creating the position of motor vehicle recovery and transportation planner in the department of transportation; increasing the fee for drivers’ licenses to provide money for the support of these new positions; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions as set forth as sections 2 and 3 of this act.

      Sec. 2.  The position of drivers’ education and safety officer is hereby created in the department. The drivers’ education and safety officer shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles and pedestrians.

      Sec. 3.  1.  The department shall charge and collect a fee of 50 cents, in addition to the fees set forth in NRS 483.410, for every driver’s license, including a motorcycle driver’s license, issued or renewed.

      2.  The department shall deposit the money into the highway and safety administrative fund which is hereby created as a special revenue fund. The money in the fund may be used only as follows:

      (a) Sixty-five percent of the money must be used for the support of the position of motor vehicle recovery and transportation planner created within the department of transportation pursuant to section 5 of this act; and


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ê1991 Statutes of Nevada, Page 2235 (Chapter 678, AB 517)ê

 

      (b) Thirty-five percent of the money must be used for the support of the position of drivers’ education and safety officer created pursuant to section 2 of this act.

      Sec. 4.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  For every driver’s license, including a motorcycle driver’s license, issued and service performed the following fees must be charged:

 

A license issued to a person 65 years of age or older..............         $4

An original license issued to any other person........................           9

A renewal license issued to any other person..........................           9

Reinstatement of a license after suspension, revocation or cancellation except a revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385...................................................         25

Reinstatement of a license after revocation for a violation of NRS 484.379 or 484.3795 or pursuant to NRS 484.384 and 484.385.........         50

A duplicate license, new photograph, change of name, change of address or any combination.................................................................           5

 

      2.  For every motorcycle endorsement to a driver’s license a fee of $5 must be charged.

      3.  If no other change is requested or required, the department shall not charge a fee to convert the number of a license from the licensee’s Social Security number to a unique number based upon it.

      4.  The increase in fees authorized by NRS 483.347 and the fee charged pursuant to section 3 of this act must be paid in addition to the fees charged pursuant to subsections 1 and 2.

      5.  A penalty of $5 must be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.386 unless he is exempt [under] pursuant to that section.

      6.  All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.

      7.  [All] Except as otherwise provided in section 3 of this act, all money collected by the department [under] pursuant to this chapter must be deposited in the state treasury for credit to the motor vehicle fund.

      Sec. 5.  Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

      Sec. 6.  1.  The position of motor vehicle recovery and transportation planner is hereby created in the department.

      2.  The motor vehicle recovery and transportation planner shall:

      (a) Develop and administer a plan for the construction of motor vehicle recovery and bicycle lanes that are not less than 3 feet wide in all new construction and major repair work on every highway in the state, in accordance with appropriate standards of design;

      (b) Develop a plan for the maintenance of motor vehicle recovery and bicycle lanes throughout the state;

      (c) Prepare and distribute information on motor vehicle recovery and bicycle lanes, bicycle safety manuals and bicycle route maps throughout the state;


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ê1991 Statutes of Nevada, Page 2236 (Chapter 678, AB 517)ê

 

      (d) Develop standards for the design of motor vehicle recovery and bicycle lanes and bicycle paths and routes;

      (e) Develop standardized signs and markings which indicate bicycle lanes;

      (f) Determine where appropriate signs and markings will be located on state highways and coordinate their placement;

      (g) Establish a statewide plan of motor vehicle recovery and bicycle lanes and bicycle paths and routes and update the plan annually;

      (h) Identify projects which are related to motor vehicle recovery and bicycle lanes and place each project in its proper order of priority;

      (i) Investigate possible sources of money which may be available to promote motor vehicle recovery and bicycle lanes and bicycle facilities and programs throughout this state and solicit money from those sources;

      (j) Provide assistance to the department of motor vehicles and public safety in coordinating activities which are related to motor vehicle and bicycle safety in the communities of this state;

      (k) Investigate the programs of the Rails to Trails Conservancy and where feasible, participate in those programs;

      (l) Identify the potential effect of bicycle programs on tourism in this state; and

      (m) Carry out any other duties assigned to him by the director.

      3.  The director may remove any of the duties set out in subsection 2 if he determines that the duty is no longer necessary or appropriate.

      Sec. 7.  The department shall integrate the consideration of motor vehicle recovery and bicycle lanes and bicycle routes, facilities and signs into all plans, designs, construction and maintenance of highways, in accordance with appropriate standards of design.

      Sec. 8.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 679, SB 247

Senate Bill No. 247–Committee on Commerce and Labor

CHAPTER 679

AN ACT relating to the state board of registered professional engineers and land surveyors; making various changes relating to registered professional engineers and land surveyors; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 625 of NRS is hereby amended by adding thereto the provisions as set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  The purpose of this chapter is to safeguard life, health and property and to promote the public welfare by providing for the registration of qualified and competent professional engineers and land surveyors.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 625.010 to 625.090, inclusive, and section 4 of this act, have the meanings ascribed to them in those sections.


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ê1991 Statutes of Nevada, Page 2237 (Chapter 679, SB 247)ê

 

      Sec. 4.  “Discipline” means a recognized field of study in professional engineering as determined by the board.

      Sec. 5.  1.  In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the board at a hearing for which notice has been given pursuant to NRS 625.430.

      2.  If a person does not pay a civil penalty imposed pursuant to subsection 1 within 60 days after the order of the board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      Sec. 6.  1.  Any information obtained during the course of an investigation by the board and any record of an investigation is confidential until the investigation is completed. If no disciplinary action is taken against a registrant, the information in any investigative file remains confidential. If a formal complaint is filed, all pleadings and evidence introduced at hearing are public records.

      2.  The provisions of this section do not prohibit the board or its employees from communicating and cooperating with another licensing board or any other agency that is investigating a registrant.

      Sec. 7.  1.  Any person who furnishes information concerning an applicant for registration or a registrant in good faith and without malicious intent is immune from any civil action for furnishing that information.

      2.  The board, any member, employee or committee of the board, counsel, investigator, expert, hearing officer, registrant or other person who assists the board in the investigation or prosecution of an alleged violation of a provision of this chapter, a proceeding concerning licensure or reissuance of a license or a criminal prosecution is 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 registration or a registrant to any other licensing board, national association of registered boards, an agency of the Federal Government or of the state, the attorney general or any law enforcement agency.

      Sec. 8.  NRS 625.010 is hereby amended to read as follows:

      625.010  [As used in this chapter, “board”] “Board” means the state board of registered professional engineers and land surveyors.

      Sec. 9.  NRS 625.030 is hereby amended to read as follows:

      625.030  [As used in this chapter, “engineer-in-training” means a candidate] “Engineer-in-training” means an applicant for registration as a professional engineer.

      Sec. 10.  NRS 625.035 is hereby amended to read as follows:

      625.035  [As used in this chapter, “land] “Land surveyor-in-training” means [a candidate] an applicant for registration as a land surveyor.

      Sec. 11.  NRS 625.040 is hereby amended to read as follows:

      625.040  1.  [Within the meaning of this chapter, a] A person who, in a private or public capacity, does or offers to do any one or more of the following practices land surveying:

      (a) Locates, relocates, establishes, reestablishes or retraces any property line or boundary of any tract of land or any road, right of way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.


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ê1991 Statutes of Nevada, Page 2238 (Chapter 679, SB 247)ê

 

alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.

      (b) Makes any survey for the subdivision or resubdivision of any tract of land.

      (c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.

      (d) Determines the configuration or contour of the earth’s surface or the position of fixed objects thereon by [means of] measuring lines and angles [,] and applying the principles of trigonometry.

      (e) Geodetic or cadastral surveying.

      (f) Municipal and topographic surveying.

      (g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a) [, (b), (c), (d), (e) and] to (f) , inclusive, of this subsection.

      (h) Indicates in any manner, by the use of the title “land surveyor,” or by any other representation, that he practices or offers to practice land surveying . [in any of its branches.]

      (i) Procures or offers to procure land surveying work for others or for himself.

      (j) Manages or conducts as manager, proprietor or agent any place from which land surveying work is solicited, performed or practiced.

      2.  A person practices land surveying [when] if he professes to be a land surveyor or is in a responsible charge of land surveying work.

      3.  [Surveys made] Making a survey exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, [do] does not constitute land surveying . [within the meaning of this chapter.]

      4.  The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering.

      Sec. 12.  NRS 625.050 is hereby amended to read as follows:

      625.050  1.  [Within the meaning and intent of this chapter, “the] “The practice of professional engineering” includes, but is not limited to:

      (a) Any professional service which involves the application of engineering principles and data, such as surveying, consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private [utilities, structures, buildings, machines, equipment, processes, works or projects,] utility, structure, building, machine, equipment, process, work or project, wherein the public welfare or the safeguarding of life, health or property is concerned or involved.

      (b) Such other services as [may be] are necessary to the planning, progress and completion of any engineering project or to the performance of any engineering service.

      2.  The practice of engineering [shall] does not include land surveying or the work ordinarily performed by persons who operate or maintain machinery or equipment.


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ê1991 Statutes of Nevada, Page 2239 (Chapter 679, SB 247)ê

 

      Sec. 13.  NRS 625.060 is hereby amended to read as follows:

      625.060  [As used in this chapter, “professional] “Professional engineer” means a person who by reason of his professional education and practical experience is [qualified to engage in engineering practice as defined in this chapter.] granted a certificate of registration by the board to practice professional engineering.

      Sec. 14.  NRS 625.070 is hereby amended to read as follows:

      625.070  [As used in this chapter, “professional] “Professional land surveyor” means a person who by reason of his professional education and practical experience is granted a certificate of registration by the board to practice land surveying in this state.

      Sec. 15.  NRS 625.080 is hereby amended to read as follows:

      625.080  [As used in this chapter, “responsible] “Responsible charge of work” means the independent control and direction, by the use of initiative, skill and independent judgment, of the investigation or design of professional engineering or land surveying work or the supervision of such work.

      Sec. 16.  NRS 625.090 is hereby amended to read as follows:

      625.090  [As used in this chapter, “subordinate:” is] “Subordinate” means any person directly supervised by a professional land surveyor or professional engineer [and] who assists a professional land surveyor or professional engineer in the practice of land surveying or professional engineering.

      Sec. 17.  NRS 625.100 is hereby amended to read as follows:

      625.100  1.  The governor shall appoint seven persons, six of whom must be engaged in the practice or teaching of professional engineering in any of its [branches] disciplines except military engineering, and one of whom must be engaged in the practice or teaching of land surveying. The members must be citizens of the United States and residents of [the State of Nevada,] this state, and they constitute the state board of registered professional engineers and land surveyors.

      2.  All appointments made must be from the current roster of registered professional engineers and land surveyors as issued by the board and on file in the office of the secretary of state. Insofar as practicable, membership on the board must be distributed proportionately among the recognized [branches] disciplines of the profession. One of the members who is a land surveyor must not be registered as a professional engineer.

      3.  Within 30 days after his appointment, a member shall take and subscribe to the oath of office as prescribed by the laws of Nevada and shall file the oath with the secretary of state.

      Sec. 18.  NRS 625.140 is hereby amended to read as follows:

      625.140  The board [shall have the power to make] may adopt all bylaws and [rules,] regulations, including the adoption and promulgation of a code of conduct which [shall be binding upon persons registered under] is binding on any person registered in accordance with the provisions of this chapter, not inconsistent with the constitution and laws of this state, which [may be reasonably] are necessary for the proper performance of the duties of the board, the regulation of the proceedings before it and the maintenance of a high standard of integrity and dignity in the profession. [The initial code of conduct shall be submitted for ratification to all persons registered under this chapter, and ratification shall be accomplished by the approving vote of a majority of such registered persons who are residing in the State of Nevada on the date such code is submitted for ratification.]

 


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ê1991 Statutes of Nevada, Page 2240 (Chapter 679, SB 247)ê

 

chapter, and ratification shall be accomplished by the approving vote of a majority of such registered persons who are residing in the State of Nevada on the date such code is submitted for ratification.]

      Sec. 19.  NRS 625.170 is hereby amended to read as follows:

      625.170  The executive director of the board shall prepare once each year, or at intervals as established by the board, a roster showing the names, last known addresses and [branches] disciplines of engineering of all registered professional engineers and the names and last known addresses of all land surveyors, engineers-in-training and land surveyors-in-training. Copies of the roster must be:

      1.  Mailed to each person so registered.

      2.  Placed on file with the secretary of state and county and city clerks.

      3.  Distributed or sold to the public.

      Sec. 20.  NRS 625.175 is hereby amended to read as follows:

      625.175  The board may by regulation define the scope of each [branch] discipline of professional engineering for which registration is required [under] pursuant to this chapter.

      Sec. 21.  NRS 625.180 is hereby amended to read as follows:

      625.180  1.  Any citizen of the United States or any person who is lawfully entitled to remain and work within the United States, and is over the age of 21 years, may apply to the board for examination, [under its rules,] in accordance with the provisions of this chapter and the regulations adopted by the board, for registration as a professional engineer.

      2.  A person is not eligible for registration as a professional engineer if he is not of good character and reputation.

      3.  An applicant for registration as a professional engineer is not entitled to take the examination unless:

      (a) He is a graduate from an approved course in engineering of 4 years or more in a school or college approved by the board , [as of satisfactory standing,] and has a [specific] record of an additional 4 years or more of active experience in engineering work [of a character] that is satisfactory to the board [, and indicating] and indicates that the applicant is competent to be placed in responsible charge of engineering work; or

      (b) He has a [specific] record of 8 years or more of active experience in engineering work [of a character] that is satisfactory to the board [, and indicating] and indicates that he is competent to be placed in responsible charge of engineering work.

      4.  The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board , [as of satisfactory standing,] without graduation, [shall be considered as] is equivalent to 1 year of active experience.

      5.  Graduation in a course other than engineering from a college or university of recognized standing [shall be considered as] is equivalent to 2 years of active experience.

      6.  An applicant may not receive credit for more than 4 years of active experience because of educational qualifications.

      7.  The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent [shall not be deemed to be] is not active experience in engineering work.


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ê1991 Statutes of Nevada, Page 2241 (Chapter 679, SB 247)ê

 

superintendent [shall not be deemed to be] is not active experience in engineering work.

      8.  Any person having the [necessary] qualifications prescribed in this chapter to entitle him to registration is eligible for registration although he [may not be] is not practicing his profession at the time of making his application.

      9.  A person applying for registration within a specific [branch] discipline of professional engineering must have 2 years’ experience working under the direct supervision of a person who is registered in the [branch] discipline in which the applicant is seeking to become registered, unless this requirement is waived by the board.

      Sec. 22.  NRS 625.190 is hereby amended to read as follows:

      625.190  1.  The board shall hold oral or written examinations of applicants for certificates at least once each year in localities determined by the number of applications received and shall determine from the examinations the [branches] disciplines of professional engineering in which an applicant is qualified for the purpose of granting him a certificate to practice those [branches] disciplines of professional engineering.

      2.  The examination, [both written and oral, shall] written or oral, must be in English . [, and its scope shall be as prescribed in NRS 625.200.]

      Sec. 23.  NRS 625.200 is hereby amended to read as follows:

      625.200  1.  The written examination for registration as a professional engineer must consist of a 2-day test, of four 4-hour periods, divided into two parts:

      (a) Part 1 must be an 8-hour written examination on the fundamentals of engineering and must cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school approved by the board and has more than 8 years of experience in responsible engineering, part 1 may be waived.

      (b) Part 2 must be an 8-hour written examination on the principles and practices of engineering and must cover that [branch] discipline of engineering in which the applicant is engaged as indicated by his record of experience and to which he has applied for registration.

Where possible, the usually recognized [branches] disciplines of engineering must be considered in the preparation of the examination. The board may conform the nature and extent of the examination to the particular qualifications of the applicant.

      2.  An applicant for registration must pass part 1 of the written examination or receive a waiver of part 1 before taking part 2 of the examination.

      3.  The board may require additional written examinations for registration in specialized areas of practice within one or more recognized [branches] disciplines of engineering.

      4.  The board may prescribe or limit the use of notes, texts and reference materials, but shall allow each applicant to use any standard table of mathematical or physical data of his own selection within the prescribed or limited categories.

      5.  Oral examinations must be given in the manner prescribed by the board.


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ê1991 Statutes of Nevada, Page 2242 (Chapter 679, SB 247)ê

 

      To qualify for registration as a professional engineer or an engineer-in-training, an applicant must receive a grade of not less than 70 percent on his examination.

      Sec. 24.  NRS 625.210 is hereby amended to read as follows:

      625.210  1.  The board shall issue a certificate of registration to any applicant for registration as a professional engineer who, in the opinion of the board, has satisfactorily met all the requirements of this chapter governing professional engineers and who has paid a fee for registration fixed by the board not exceeding $200.

      2.  Certificates of registration must:

      (a) Show the full name of the professional engineer.

      (b) Have a registration number.

      (c) Be signed by the chairman and the executive director under seal of the board.

      (d) Authorize the practice of professional engineering in the [branch] discipline for which the applicant has qualified.

      3.  The issuance of a certificate of registration by the board is evidence that the person named in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains valid.

      Sec. 25.  NRS 625.230 is hereby amended to read as follows:

      625.230  1.  Each professional engineer must, upon registration, obtain a seal of the design authorized by the board, bearing his name, registration number and the legend “Professional Engineer” followed by the [branch or branches] discipline for which he is qualified.

      2.  Plans, specifications, plats and reports issued by a professional engineer must be stamped with the seal when filed with public authorities, during the life of his certificate . [, but it] It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional engineer named thereon has expired or has been suspended or revoked, unless his certificate has been renewed or reissued.

      3.  A [rubber] reproducible stamp which produces [in ink] the same design and information required [under] by subsection 1 may be used in lieu of the prescribed seal.

      4.  It is unlawful for a professional engineer to sign, stamp or seal any plans, specifications, plats or reports that were not prepared by him or for which he did not have responsible charge of the work.

      5.  Each sheet of plans prepared in the course of the practice of a particular [branch] discipline of professional engineering that is submitted to a public agency must be stamped, dated and signed by a professional engineer qualified to practice in the [branch] discipline of professional engineering that it submitted to a public agency must be stamped, dated and signed by a professional engineer qualified to practice in the [branch] discipline of professional engineering that was involved in the preparation of that sheet.

      Sec. 26.  NRS 625.240 is hereby amended to read as follows:

      625.240  1.  A firm, partnership or corporation may engage in the practice of professional engineering in this state [,] if the member or members of the firm, partnership or corporation immediately responsible for engineering work performed in this state are professional engineers.

      2.  [Every] Except as otherwise provided in subsection 3, every office or place of business of any [firm, partnership or corporation] person engaged in the practice of professional engineering must have a professional engineer working in [residence] that office and in direct responsible supervision of the engineering work conducted in the office or place of business.


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

ê1991 Statutes of Nevada, Page 2243 (Chapter 679, SB 247)ê

 

working in [residence] that office and in direct responsible supervision of the engineering work conducted in the office or place of business. Every person who holds himself out as practicing a discipline of professional engineering must be registered in that discipline or must employ on a full-time basis a professional engineer registered in that discipline.

      3.  The provisions of [this] subsection 2 do not apply to [firms, partnerships or corporations:] a firm, partnership or corporation:

      (a) Practicing professional engineering for [their] its own benefit and not engaging in the practice of professional engineering for others or offering professional engineering services to others.

      (b) Engaged in the practice of professional engineering at [offices] an office established for limited or temporary purposes, including [offices] an office established for the convenience of field survey crews [, or offices established] or for inspecting construction.

      Sec. 27.  NRS 625.250 is hereby amended to read as follows:

      625.250  The board [is vested with power:

      1.  To administer] shall:

      1.  Administer the provisions and requirements of this chapter concerning professional land surveyors.

      2.  [To make] Make and enforce such [rules and] regulations as [may be] are necessary to carry out [such] those provisions.

      Sec. 28.  NRS 625.270 is hereby amended to read as follows:

      625.270  1.  A person who:

      (a) Is 21 years of age or older; and

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board for examination, [under its rules,] in accordance with the provisions of this chapter and any regulations adopted by the board, for registration as a professional land surveyor.

      2.  A person is not eligible for registration as a professional land surveyor if he is not of good character and reputation.

      3.  An applicant for registration as a professional land surveyor must:

      (a) Be a graduate of a land surveying curriculum of 4 years or more that is approved by the board [,] and have a [specific] record of an additional 4 years or more of active experience in land surveying [indicating to the board] that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land surveying work; or

      (b) Have a [specific] record of 8 years or more of active experience in land surveying work [indicating] that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land surveying work.

      4.  For the purposes of evaluating an applicant’s qualifications for registration, the board shall consider:

      (a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board to be equivalent to 1 year of active experience in land surveying; and

      (b) Graduation from a college or university curriculum in a field other than land surveying to be equivalent to 2 years of active experience.

      5.  An applicant may not receive credit for more than 4 years of active experience because of educational qualifications describe in subsection 4.


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

ê1991 Statutes of Nevada, Page 2244 (Chapter 679, SB 247)ê

 

      Sec. 29.  NRS 625.330 is hereby amended to read as follows:

      625.330  1.  A professional land surveyor may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith.

      2.  Every map, plat, report, drawing, description or other document issued by a professional land surveyor must be signed by him, endorsed with his certificate number, dated and stamped with his seal or rubber stamp, whenever [such] the map, plat, report, drawing, description or other document is filed as a public record, filed with any public authority [,] or delivered as a formal or final document.

      3.  It is unlawful for a professional land surveyor to sign, stamp or seal any map, plat, report, description or other document relating to land surveying which was not prepared by him or for which he did not have the responsible charge of the work.

      4.  It is unlawful for anyone to stamp or seal any documents with the seal after the certificate of the professional land surveyor named on the seal has expired or has been suspended or revoked, unless his certificate has been renewed or reissued.

      Sec. 30.  NRS 625.390 is hereby amended to read as follows:

      625.390  1.  An applicant for registration as a professional engineer or land surveyor or for certification as an engineer-in-training or land surveyor-in-training must:

      (a) Complete a form furnished and prescribed by the board;

      (b) Answer all questions on the form under oath; and

      (c) Provide a detailed summary of his technical training and education . [; and

      (d) Provide]

      2.  Unless the requirement is waived by the board, an applicant for registration must provide the names of not less than four [:

             (1) Professional engineers if applying for registration as a professional engineer or engineer-in-training,] references who have knowledge of the background, character and technical competence of the applicant. None of the persons named as references may be members of the board. If the applicant is:

      (a) Applying for registration as a land surveyor-in-training, at least three of the persons named as references must be professional land surveyors registered in this or any other state.

      (b) Applying for registration as a professional engineer, the persons named as references must be professional engineers registered in this or any other state, three of whom must be registered in the same [branch] discipline of engineering for which the applicant is applying for registration . [; or

             (2) Professional land surveyors if applying]

      (c) Applying for registration as a land surveyor [or land surveyor-in-training,

who may be registered in this or any other state and who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.

      2.] , the persons named as references must be professional land surveyors registered in this or any other state.


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

ê1991 Statutes of Nevada, Page 2245 (Chapter 679, SB 247)ê

 

      3.  The board shall, by regulation, establish the application fee for professional engineers and professional land surveyors in an amount not more than $200. The fee is nonrefundable and must accompany the application.

      [3.  If the board denies a certificate to any applicant, or if an applicant fails to appear for examination, the fee paid must be retained as an application fee.]

      4.  The board shall charge and collect from each applicant for certification as an engineer-in-training or a land surveyor-in-training a fee fixed by the board of not more than $100, which includes the cost of examination and the issuance of a certificate. The certificate as an engineer-in-training is valid for 8 years, and the certificate as a land surveyor-in-training is valid for 6 years. At the end of the respective periods the certificates expire but may be renewed as in the case of any original applicant.

      5.  A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.

      6.  An applicant must furnish proof that he is a citizen of the United States or that he is lawfully entitled to remain and work in the United States.

      7.  The board shall require the biennial renewal of each certificate of registration of a professional engineer or professional land surveyor and collect a renewal fee of not more than $100, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.

      8.  In addition to the fee for renewal, the board shall require a holder of an expired certificate of registration to pay, as a condition of renewal, a penalty in an amount established by regulation of the board.

      Sec. 31.  NRS 625.395 is hereby amended to read as follows:

      625.395  Each person who holds a certificate of registration must renew his certificate and pay the fee for renewal . [fee provided for in this chapter.] Any holder of a certificate of registration who fails to renew his certificate may do so within [1 year] 6 months after the date of its expiration, upon application to and with the approval of the board [, but the board] , and upon payment of all required fees and penalties. The board may extend the time for renewal of the expired certificate.

      Sec. 32.  NRS 625.410 is hereby amended to read as follows:

      625.410  The board may take disciplinary action against any registrant or any person [registered under the provisions of this chapter] applying for registration for any of the following reasons:

      1.  The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of registration [.] or cheating on any examination required by this chapter.

      2.  Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a professional land surveyor.

      3.  Aiding or abetting any person in the violation of any provision of this chapter [.

      4.  A] or regulation adopted by the board.

      4.  Conviction of or entry of a plea of nolo contendere to:

      (a) Any felony ; or [any crime involving moral turpitude.]


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

ê1991 Statutes of Nevada, Page 2246 (Chapter 679, SB 247)ê

 

      (b) Any crime, an essential element of which is dishonesty, or which is directly related to the practice of engineering or land surveying.

      5.  A violation of [the rules or code of conduct] any provision of this chapter or regulation adopted by the board . [under this chapter.

      6.  Revocation or suspension of the person’s certificate to practice in any other jurisdiction for any of the reasons enumerated in this section.]

      6.  Discipline by another state or territory, the District of Columbia, a foreign country, the Federal Government or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      7.  Practicing after his certificate of registration has expired or has been suspended or revoked.

      8.  Failure to comply with an order issued by the board.

      9.  Failure to provide requested information within 30 days after receipt of a request by the board or its investigators concerning a complaint made to the board.

      Sec. 33.  NRS 625.420 is hereby amended to read as follows:

      625.420  1.  Any person may [prefer charges of fraud, deceit, gross negligence, incompetency or misconduct] file with the board a charge concerning a violation of any provision of this chapter or regulation adopted by the board against any registrant. Charges [shall] must be in writing [, sworn to by the person making them, and shall be] and filed with the board.

      2.  All charges, unless dismissed by the board as unfounded or trivial, [shall] must be heard by the board within a reasonable time . [, but not] An action against a registrant may not be commenced by the filing of a formal complaint more than [6 months] 1 year after the date on which [such charges were preferred.] the board received the charges.

      Sec. 34.  NRS 625.430 is hereby amended to read as follows:

      625.430  1.  The time and place for the hearing [shall] must be fixed by the board, and notice of the time and place of hearing [shall] must be personally served on the registrant or mailed to the last known address of [such] the registrant at least 30 days before the date fixed for the hearing.

      2.  The board may suspend the certificate of registration of a registrant without a hearing if the board finds, based upon evidence in its possession, that the public health, safety or welfare imperatively requires summary suspension of the certificate of registration and incorporates that finding in its order. If the board summarily suspends the certificate of registration of a registrant, a hearing must be held within 30 days after the suspension.

      Sec. 35.  NRS 625.440 is hereby amended to read as follows:

      625.440  [In carrying into effect the provisions of this chapter, the] The chairman of the board or his designee may [under the hand of its chairman and the seal of the board] subpena witnesses and compel their attendance, and also may require the production of books, papers and documents [in a case involving the revocation of registration or practicing or offering to practice without registration.] relating to any investigation or hearing conducted by the board.


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

ê1991 Statutes of Nevada, Page 2247 (Chapter 679, SB 247)ê

 

      Sec. 36.  NRS 625.460 is hereby amended to read as follows:

      625.460  If, after a hearing, a majority of the members of the board vote in favor of finding the accused professional engineer or land surveyor guilty, the board may:

      1.  Revoke the certificate of registration of the registered professional engineer or land surveyor;

      2.  Suspend the license or place the professional engineer or land surveyor on probation for such periods as it deems necessary;

      3.  Fine the professional engineer or land surveyor not more than [$1,000] $5,000 for each violation of a provision of this chapter or any regulation adopted by the board; or

      4.  Take such other disciplinary action as the board deems appropriate.

      Sec. 37.  NRS 625.520 is hereby amended to read as follows:

      625.520  1.  [It] Except as otherwise provided in subsection 4, it is unlawful for:

      (a) Any person [, firm, partnership or corporation] not properly licensed or exempted [under] in accordance with the provisions of this chapter to:

             (1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any [branch] discipline thereof;

             (2) Employ, use or cause to be used any of the following terms or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit, namely, “engineer,” “engineering,” “engineered,” “professional engineer” or “licensed engineer”; or

             (3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person is qualified or authorized to practice engineering.

      (b) Any registered professional engineer to practice or offer to practice a [branch] discipline of professional engineering in which the board has not qualified him.

      (c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.

      (d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.

      (e) Any person to impersonate [falsely] any other registrant of like or different name.

      (f) Any person to attempt to use an expired , suspended or revoked certificate of registration.

      (g) Any person to violate any of the provisions of this chapter.

      2.  Whenever any person is engaging or is about to engage in any [acts or practices which constitute] act or practice that constitutes a violation of this chapter, the district court in any county, if the court would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against [such acts or practices] the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.

      3.  This section does not prevent a contractor licensed [under] in accordance with the provisions of chapter 624 of NRS from using the term “engineer” or “engineering” if the term is used by the state contractors’ board in describing a specific classification.


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

ê1991 Statutes of Nevada, Page 2248 (Chapter 679, SB 247)ê

 

      4.  Subparagraph (2) of paragraph (a) of subsection 1 does not apply to any [foreign corporation whose securities are publicly traded and regulated pursuant to the Securities and Exchange Act of 1934 and which does not engage in professional engineering.] corporation using such a term in its corporate name, if the corporation:

      (a) Filed its articles of incorporation with the secretary of state on or before September 30, 1991; and

      (b) Files with the board a written statement signed by a corporate officer under penalty of perjury in which he states that the corporation:

             (1) Is not practicing or offering to practice engineering in this state; and

             (2) Will not do so unless and until it is properly licensed or exempted in accordance with the provisions of this chapter.

      5.  Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 38.  NRS 625.540 is hereby amended to read as follows:

      625.540  1.  It is unlawful for a person:

      (a) Not properly registered, licensed or exempted [under] in accordance with the provisions of this chapter to:

             (1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice land surveying;

             (2) Set, reset or replace any survey monument; or

             (3) Directly or indirectly employ any means which in any manner tends or is likely to create the impression on the public or any member thereof that any person who is not licensed or registered pursuant to this chapter is qualified or authorized to practice land surveying.

      (b) To present or attempt to use, as his own, the certificate of registration, license or seal of another.

      (c) To give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration or license.

      (d) To impersonate [falsely] any other registrant of the same or a different name.

      (e) To attempt to use an expired , suspended or revoked certificate of registration or license.

      (f) To violate any of the provisions of this chapter.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

      Sec. 39.  NRS 625.560 is hereby amended to read as follows:

      625.560  It is unlawful for any person to sign, stamp or seal any map, plat, report, description or other document pertaining to the practice of land surveying unless he holds a valid unsuspended and unrevoked certificate as a professional land surveyor.

      Sec. 40.  NRS 80.010 is hereby amended to read as follows:

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

      (a) File in the office of the secretary of state of Nevada.


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

ê1991 Statutes of Nevada, Page 2249 (Chapter 679, SB 247)ê

 

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

             (2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in this state, or another corporation with its registered office located in this state. The certificate must set forth the name and complete address of the resident agent.

             (3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth a general description of the purposes of the corporation.

      (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.

      2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to:

      (a) The name of any corporation formed or incorporated in this state;

      (b) The name of any other foreign corporation authorized to transact business within this state;

      (c) A name reserved for the use of any proposed corporation;

      (d) The name of any limited partnership formed in this state;

      (e) The name of any foreign limited partnership authorized to transact business in this state; or

      (f) A name reserved for the use of any proposed limited partnership,

unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.

      3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless the state board of registered professional engineers and land surveyors certifies that:

      (a) The principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, pursuant to the laws of this state; or

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

      Sec. 41.  NRS 80.025 is hereby amended to read as follows:

      80.025  1.  If a foreign corporation cannot qualify to do business in this state because its name does not meet the requirements of subsection 2 or 3 of NRS 80.010, it may apply for a certificate to do business by having its board of directors adopt a resolution setting forth the name under which the corporation elects to do business in this state. The resolution may:


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

ê1991 Statutes of Nevada, Page 2250 (Chapter 679, SB 247)ê

 

      (a) Add to the existing corporate name a word, abbreviation or other distinctive element; or

      (b) Adopt a name different from its existing corporate name that is available for use in this state.

      2.  In addition to the documents required by subsection 1 of NRS 80.010, the corporation shall file a certified copy of the resolution adopting the modified name.

      3.  If the secretary of state determines that the modified corporate name complies with the provisions of subsection 2 or 3 of NRS 80.010, he shall issue the certificate in the foreign corporation’s modified name if the foreign corporation otherwise qualifies to do business in this state.

      4.  A foreign corporation doing business in this state under a modified corporate name approved by the secretary of state shall use the modified name in its dealings and communications with the secretary of state.

      Sec. 42.  NRS 625.020 is hereby repealed.

      Sec. 43.  Section 40 of this act becomes effective at 12:02 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 680, AB 212

Assembly Bill No. 212–Assemblymen Myrna Williams, Bergevin, Haller, Petrak, Giunchigliani, Spitler, McGinness, Bache, Garner, Bennett, Krenzer, Lambert, Sader, Arberry, Porter and Callister

CHAPTER 680

AN ACT relating to property tax; increasing the amount of rent deemed to be accrued property tax for the purpose of calculating a senior citizen’s allowance against the tax; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.836 is hereby amended to read as follows:

      361.836  Rent deemed to constitute accrued property tax is [that portion of the rent which is documented by the landlord to be attributable to property taxes, or 6 percent of the rent which a claimant has paid, whichever is lower.] 8.5 percent of the total rent which a claimant has paid in cash.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the department of taxation the sum of $463,700 for payments to senior citizens entitled to increased refunds pursuant to the amendatory provisions of section 1 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  1.  This section and section 2 of this act become effective on June 30, 1991.


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

ê1991 Statutes of Nevada, Page 2251 (Chapter 680, AB 212)ê

 

      2.  Section 1 of this act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 681, AB 311

Assembly Bill No. 311–Committee on Government Affairs

CHAPTER 681

AN ACT relating to the department of commerce; authorizing the director of the department to establish and collect fees in connection with certain programs administered by him; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.951 is hereby amended to read as follows:

      349.951  1.  The director may charge the obligor a fee not to exceed 2 percent of the principal amount of the financing, including a nonrefundable application fee not to exceed 0.25 percent of the principal amount or $7,500, whichever is less, payable either in advance or at the time the bonds are issued. The director shall deposit all money received pursuant to this section , except money received from application fees, with the state treasurer for credit to the fund for the financing of water projects.

      2.  Money received from application fees collected pursuant to this section must be:

      (a) Accounted for separately in the state general fund.

      (b) Used by the director to support the operations of his office in administering the provisions of NRS 349.935 to 349.961, inclusive.

      3.  Whether or not bonds are issued, the director shall use [any fee so collected] money received pursuant to this section, except money received from application fees, to reimburse his office for the expenses and costs incurred in financing the water project and, within the limits of money available for this purpose, to reimburse a municipality pursuant to the provisions of NRS 349.961. Any portion of the [fee] money so received, except money received from application fees, which exceeds the director’s expenses and costs must be refunded to the obligor.

      Sec. 2.  NRS 349.952 is hereby amended to read as follows:

      349.952  1.  Except as otherwise provided in subsection 3 [,] and NRS 349.951, all amounts received by the director from an obligor in connection with any financing undertaken pursuant to NRS 349.935 to 349.961, inclusive, must be deposited with the state treasurer for credit to the fund for the financing of water projects in the state treasury, which is hereby created.

      2.  Any revenue from water projects financed with state securities which is in the fund must be applied in the following order of priority:

      (a) Deposited into the consolidated bond interest and redemption fund in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued for water projects.


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

ê1991 Statutes of Nevada, Page 2252 (Chapter 681, AB 311)ê

 

      (b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued for water projects, in amounts and at times determined to be necessary.

      (c) Paid out for expenses of operation and maintenance.

      3.  Any revenue from water projects financed with revenue bonds may:

      (a) Be deposited in the fund for the financing of water projects and subject to the provisions of subsection 2; or

      (b) Subject to any agreement with the holders of the bonds, be invested, deposited or held by the director in such funds or accounts as he deems necessary or desirable. If the director is acting pursuant to this subsection, he need not deposit the money in the state treasury and the provisions of chapters 355 and 356 of NRS do not apply to any investments or deposits made pursuant to this subsection.

      Sec. 3.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director:

      1.  Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The director shall consult the state fire marshal’s advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the state fire marshal division is the state fire marshal and the chief of the division of unclaimed property is the administrator of unclaimed property.

      2.  Is responsible for the administration through the divisions of the department of the provisions of Titles 55, 56 and 57, of NRS, chapters 319, 599B and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division of the department for the purpose of budget administration or for the performance of any duty or the exercise of any power with respect to the division.

      3.  May, within the limits of the financial resources made available to him, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the department.

      4.  For any bonds which he is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.


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

ê1991 Statutes of Nevada, Page 2253 (Chapter 681, AB 311)ê

 

      5.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as so provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

      Sec. 4.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 682, AB 331

Assembly Bill No. 331–Committee on Ways and Means

CHAPTER 682

AN ACT making an appropriation to the fund for local cultural activities; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 fund for local cultural activities created pursuant to NRS 233C.100 the sum of $150,000.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 683, AB 401

Assembly Bill No. 401–Committee on Ways and Means

CHAPTER 683

AN ACT making an appropriation to the University of Nevada System for the acquisition and installation of computer hardware and software; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 University of Nevada System the sum of $2,372,232 for payment of expenses for the acquisition and installation of computer hardware and software to complete the computer center management information 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, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1991 Statutes of Nevada, Page 2254 (Chapter 683, AB 401)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 684, AB 403

Assembly Bill No. 403–Committee on Ways and Means

CHAPTER 684

AN ACT relating to museums and history; reducing the number of times the board of museums and history is required to meet each year; making an appropriation to the Nevada museum and historical society in Las Vegas for the installation of security monitoring equipment and for maintenance of the facility; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 381.002 is hereby amended to read as follows:

      381.002  1.  The board of museums and history, consisting of eleven members appointed by the governor, is hereby created.

      2.  The governor shall designate the chairman of the board from among its members.

      3.  Upon recommendation of the chairman of the board, the governor may appoint two additional members to the board.

      4.  The board shall meet regularly at least [six] four times each year and may meet at other times upon the call of its chairman.

      5.  The board may develop and approve policy for:

      (a) All administrative, technical and procedural activities of the department, including the institutions and other divisions; and

      (b) The organization of the department, including the institutions and other divisions, in a manner which will ensure efficient operation.

      6.  The board must approve any expansion of an institution or other division of the department and any new institutions or other additions to the department before the expansion or addition is implemented.

      7.  The board may delegate one or more of its powers to the administrator and the director or curator of an institution or other division of the department.

      8.  The board may adopt such regulations as it deems necessary to carry out its powers and duties, consistent with all legislative enactments relating thereto.

      Sec. 2.  There is hereby appropriated from the state general fund to the Nevada museum and historical society of the department of museums and history the sum of $24,034 for the installation of security monitoring equipment and for the exterior and interior maintenance of the facility.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1991 Statutes of Nevada, Page 2255 (Chapter 684, AB 403)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective on June 30, 1991.

 

________

 

 

CHAPTER 685, AB 424

Assembly Bill No. 424–Committee on Judiciary

CHAPTER 685

AN ACT relating to gaming; revising the provisions governing the categories of gaming licensees whose financial statements must be audited; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.159 is hereby amended to read as follows:

      463.159  1.  The commission shall by regulation require audits of the financial statements of all nonrestricted licensees whose annual gross revenue is [$3,000,000] $5,000,000 or more.

      2.  The commission may require audits, compiled statements or reviews of the financial statements of nonrestricted licensees whose annual gross revenue is less than [$3,000,000.] $5,000,000.

      3.  The amounts of annual gross revenue provided for in subsections 1 and 2 must be increased or decreased annually in an amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding year. On or before December 15 of each year, the commission shall determine the amount of the increase or decrease required by this subsection and establish by regulation the adjusted amounts of annual gross revenue in effect for the succeeding calendar year. The audits, compilations and reviews provided for in subsections 1 and 2 must be made by independent accountants holding permits to practice public accounting in the State of Nevada.

      4.  Except as otherwise provided in subsection 5, for every audit required pursuant to this section:

      (a) The independent accountants shall submit an audit report which must express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada state board of accountancy, but the preparation of statements without audit does not constitute compliance.

      (b) The examination and audit must disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the commission pursuant to NRS 463.156 to 463.1592, inclusive.

      5.  If the license of a nonrestricted licensee is terminated within 3 months after the end of a period covered by an audit, the licensee may submit compiled statements in lieu of an additional audited statement for the licensee’s final period of business.


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

ê1991 Statutes of Nevada, Page 2256 (Chapter 685, AB 424)ê

 

compiled statements in lieu of an additional audited statement for the licensee’s final period of business.

      Sec. 2.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 686, AB 434

Assembly Bill No. 434–Assemblymen Arberry and Wendell Williams

CHAPTER 686

AN ACT making an appropriation to the health division of the department of human resources to develop and carry out pilot programs concerning sickle cell anemia; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $20,000 to develop and carry out pilot programs concerning sickle cell anemia pursuant to section 3 of chapter 792, Statutes of Nevada 1989.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 687, AB 440

Assembly Bill No. 440–Committee on Ways and Means

CHAPTER 687

AN ACT making an appropriation from the state highway fund to the department of motor vehicles and public safety for the improvement of facilities and the acquisition of equipment; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 highway fund to the department of motor vehicles and public safety the sum of $245,937 for the payment of expenses related to the improvement of facilities and acquisition of equipment to be allocated as follows:

      1.  To upgrade alarm systems statewide, the sum of $60,126.

      2.  To upgrade the air conditioning duct work in the west wing of the Carson City office, the sum of $75,000.

      3.  To purchase an emergency generator and federally approved fuel tank for the Elko office, the sum of $68,175.


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

ê1991 Statutes of Nevada, Page 2257 (Chapter 687, AB 440)ê

 

      4.  To remodel the facilities of the department of motor vehicles and public safety, the sum of $42,636.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state highway fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 688, AB 449

Assembly Bill No. 449–Assemblymen Haller, Freeman, Anderson, Arberry, Bache, Bayley, Bennett, Bergevin, Callister, Carpenter, Elliott, Evans, Price, Gibbons, Giunchigliani, Goetting, Heller, Johnson, McGinness, Krenzer, Norton, Sader, Hardy, Humke, Scherer, Lambert, Spriggs, Porter, Little, Wendell Williams, Gregory, Wong, McGaughey, Kerns, Myrna Williams, Spitler, Marvel and Pettyjohn

CHAPTER 688

AN ACT relating to lotteries; authorizing the operation of charitable lotteries and providing for their regulation; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 462 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

      Sec. 2.  The legislature hereby finds, and declares to be the public policy of this state, that:

      1.  The operation of legitimate charitable lotteries by bona fide charitable and nonprofit organizations is beneficial to the general welfare of the residents of this state.

      2.  The benefits of charitable lotteries:

      (a) Are dependent upon ensuring that those lotteries are operated honestly and free from criminal and corruptive elements, and that the proceeds of those lotteries are expended to benefit the activities of charitable or nonprofit organizations.

      (b) Can be ensured through the regulation of the type of organizations authorized to operate those lotteries, the manner in which those lotteries are conducted and the manner in which the proceeds of those lotteries are expended.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 462.010 and sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Board” means the state gaming control board.

      Sec. 5.  “Calendar quarter” means a period of 3 consecutive months commencing on the 1st day of January, April, July or October in any year.


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

ê1991 Statutes of Nevada, Page 2258 (Chapter 688, AB 449)ê

 

      Sec. 5.5.  “Charitable lottery” means a lottery operated by a bona fide charitable or nonprofit organization pursuant to the provisions of this chapter.

      Sec. 6.  “Charitable or nonprofit activity” means an activity in support of the arts, amateur athletics, peace officers or health or social services, or conducted for any benevolent, civic, educational, eleemosynary, fraternal, humanitarian, patriotic, political or religious purpose, including the operation of a qualified organization.

      Sec. 7.  “Commission” means the Nevada gaming commission.

      Sec. 8.  “Executive director” means the chairman and executive director of the state gaming control board.

      Sec. 9.  “Net proceeds” means the total amount of money collected from the sale of tickets or chances for a charitable lottery, less the total amount of money expended for prizes, supplies, advertising, promotion, printing, administration and other direct expenses necessary to operate a charitable lottery.

      Sec. 10.  “Qualified organization” means a bona fide charitable, civic, educational, fraternal, patriotic, political, religious or veterans’ organization that is not operated for profit.

      Sec. 11.  1.  The board and commission shall administer the provisions of this chapter for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The commission, upon the recommendation of the board:

      (a) May adopt such regulations as it deems desirable to enforce the provisions of this chapter; and

      (b) Shall adopt regulations providing a procedure to appeal the denial of the approval of the executive director pursuant to section 13 of this act,

pursuant to the procedure set forth in NRS 463.145.

      Sec. 12.  A qualified organization may operate a charitable lottery if:

      1.  The organization is approved by the executive director and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $200,000;

      2.  The organization registers with the executive director and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $25,000; or

      3.  The total value of the prizes offered in the charitable lottery does not exceed $2,500 and:

      (a) The organization operates no more than two charitable lotteries per calendar year; or

      (b) The tickets or chances for the charitable lottery are sold only to members of the organization, and to guests of those members while attending a special event sponsored by the organization, and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $15,000.

      Sec. 13.  1.  The executive director shall:

      (a) Register a qualified organization that complies with the requirements of section 14 of this act.

      (b) Approve a qualified organization if:


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

ê1991 Statutes of Nevada, Page 2259 (Chapter 688, AB 449)ê

 

             (1) The organization complies with the requirements of section 14 of this act; and

             (2) The executive director determines that the approval of the organization would not be contrary to the public interest.

      (c) Provide a qualified organization, within 30 days after its submission of an application pursuant to section 14 of this act, with written notification of the basis for any refusal by the executive director to register or approve the qualified organization pursuant to this section.

      2.  The registration or approval of a qualified organization is a revocable privilege. No person has any right to be registered or approved by the executive director or acquires any vested right upon being registered or approved by the executive director.

      3.  Unless earlier revoked, the registration or approval of a qualified organization is valid for the calendar year and expires on December 31.

      Sec. 14.  1.  To register with or request the approval of the executive director, a qualified organization must submit to him:

      (a) A written application containing:

             (1) The name, address and nature of the organization.

             (2) Proof that the organization is a qualified organization.

             (3) The names of the officers or principals of the organization, and of any person responsible for the management, administration or supervision of the organization’s charitable lotteries and any activities related to those lotteries.

             (4) A description of all the prizes to be offered in charitable lotteries operated by the organization during the calendar year to which the application pertains and, if the approval of the executive director is required, a summary of the anticipated expenses of conducting those lotteries, including copies of any proposed agreements between the organization and any suppliers of material for the operation of those lotteries.

             (5) A description of the intended use of the net proceeds of charitable lotteries operated by the organization during the calendar year to which the application pertains.

             (6) The designation of a primary county in which charitable lotteries will be conducted by the organization during the calendar year to which the application pertains.

             (7) Any other information the executive director deems appropriate.

      (b) A nonrefundable fee of:

             (1) For registration, $5; or

             (2) For a request for approval, $25.

      2.  A qualified organization shall submit such additional information as necessary to correct or complete any information submitted pursuant to this section that becomes inaccurate or incomplete. The approval of a qualified organization is suspended during the period that any of the information is inaccurate or incomplete. The executive director may reinstate the approval of the organization only after all information has been corrected and completed.

      3.  The money collected pursuant to this section must be expended to administer and enforce the provisions of this chapter.

      Sec. 15.  (Deleted by amendment.)


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ê1991 Statutes of Nevada, Page 2260 (Chapter 688, AB 449)ê

 

      Sec. 16.  1.  The commission may, upon recommendation of the board, require:

      (a) A qualified organization that registers with or requests the approval of the executive director to file an application pursuant to chapter 463 of NRS for a finding of suitability to operate a charitable lottery in this state.

      (b) Any person who is employed by, a member of or otherwise associated with such an organization to file an application pursuant to chapter 463 of NRS for a finding of suitability to be associated with the operation of a charitable lottery in this state.

      2.  The board may conduct an investigation of the qualified organization or associated person and submit recommendations to the commission. The qualified organization or associated person must deposit with the board a sum of money which the board determines will be adequate to pay the anticipated costs of the investigation and shall upon the completion of the investigation pay to the board any additional money necessary to reimburse the board for the actual cost of the investigation. The board shall refund any overpayments.

      3.  The commission may revoke the registration or approval of a qualified organization if:

      (a) An application for a finding of suitability is not submitted to the board, together with the deposit required by subsection 2, within 30 days after the qualified organization receives written notice that it is required pursuant to paragraph (a) of subsection 1 to file an application for a finding of suitability.

      (b) The qualified organization is found unsuitable to operate a charitable lottery in this state.

      (c) An application for a finding of suitability is not submitted to the board, together with the deposit required by subsection 2, or the association of the person with the organization is not terminated, within 30 days after the qualified organization receives written notice that an associated person is required pursuant to paragraph (b) of subsection 1 to file an application for a finding of suitability.

      (d) The associated person is found unsuitable to be associated with the operation of a charitable lottery in this state and the qualified organization does not terminate its association with that person within 30 days after receiving written notice of the finding of unsuitability.

      Sec. 17.  A qualified organization shall not:

      1.  Sell any ticket or chance for a charitable lottery outside of:

      (a) The primary county in which the charitable lottery is being conducted; and

      (b) Any counties that border on the primary county.

      2.  If the organization has been approved by the executive director, conduct more than one charitable lottery in any calendar quarter without the specific authorization of the executive director.

      Sec. 18.  A qualified organization shall not:

      1.  Compensate any person for the provision of prizes and supplies used in the operation of a charitable lottery, except to pay the fair market value of the prizes and supplies necessary for the operation of the charitable lottery.

      2.  Provide:

      (a) Any compensation to a person who is not a regular employee of the organization; and


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ê1991 Statutes of Nevada, Page 2261 (Chapter 688, AB 449)ê

 

      (b) Any additional compensation to a person who is a regular employee of the organization,

for his services in organizing or operating a charitable lottery or assisting in the organization or operation of a charitable lottery. This subsection does not prohibit a qualified organization from compensating a person for the fair market value of services that are ancillary to the organization or operation of a charitable lottery.

      Sec. 19.  1.  A qualified organization shall expend the net proceeds of a charitable lottery only for the benefit of charitable or nonprofit activities in this state.

      2.  A qualified organization approved by the executive director shall, after the completion of a charitable lottery and no later than the end of the same calendar year, submit to the executive director a financial report on the charitable lottery. The financial report must include a statement of:

      (a) The expenses incurred in the operation of the charitable lottery; and

      (b) The amount and use of the net proceeds of the charitable lottery.

      Sec. 20.  The provisions of NRS 462.040 and 462.050 do not apply to the regular reporting of information to the public by a newspaper, periodical or press association, or a radio or television station.

      Sec. 21.  Nothing in this chapter affects the power of a local government to require the licensing of or to impose additional restrictions on the operation of a charitable lottery.

      Sec. 22.  NRS 462.010 is hereby amended to read as follows:

      462.010  1.  Except as otherwise provided in subsection 2, [a lottery is] “lottery” means any scheme for the disposal or distribution of property, by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining that property, or a portion of it, or for any share or [any] interest in that property upon any agreement, understanding or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle or gift enterprise, or by whatever name it may be known.

      2.  [A] “Lottery” does not include a promotional scheme conducted by a licensed gaming establishment in direct association with a licensed gaming activity, contest or tournament . [is not a lottery.]

      3.  For the purpose of this section, a person has not “paid or promised to pay any valuable consideration” by virtue of his having:

      (a) Engaged in or promised to engage in a transaction in which he receives fair value for his payment;

      (b) Accepted or promised to accept any products or services on a trial basis; or

      (c) Been or promised to have been present at a particular time and place, as the sole basis for his having received a chance to obtain property pursuant to an occasional and ancillary promotion conducted by an organization whose primary purpose is not the operation of such a promotion.

      Sec. 23.  NRS 462.020 is hereby amended to read as follows:

      462.020  [Every] A person who contrives, prepares, sets up, proposes or draws any lottery , except as authorized pursuant to this chapter, is guilty of a misdemeanor.


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

ê1991 Statutes of Nevada, Page 2262 (Chapter 688, AB 449)ê

 

      Sec. 24.  NRS 462.030 is hereby amended to read as follows:

      462.030  [Every] A person who sells, gives or in any manner whatever furnishes or transfers to or for any other person any ticket, chance, share [,] or interest, or any paper, certificate or instrument purporting or understood to be or to represent any ticket, chance, share or interest in or depending upon the event of any lottery , except as authorized pursuant to this chapter, is guilty of a misdemeanor.

      Sec. 25.  NRS 462.040 is hereby amended to read as follows:

      462.040  [Every] A person who intentionally aids or assists, either by printing, writing, advertising, publishing or otherwise, in setting up, managing or drawing any lottery [,] in violation of this chapter, or in selling or disposing of any ticket, chance or share therein, is guilty of a misdemeanor.

      Sec. 26.  NRS 462.050 is hereby amended to read as follows:

      462.050  Every person who opens, sets up or keeps by himself or by any other person any office or other place for the sale of or for registering the number of any ticket in any lottery [,] in violation of this chapter, or who by printing, writing or [otherwise] other means intentionally advertises or publishes the setting up, opening or using of any such office, is guilty of a misdemeanor.

      Sec. 27.  NRS 462.065 is hereby amended to read as follows:

      462.065  Upon a trial for violation of any of the provisions of [NRS 462.010 to 462.060, inclusive, it shall not be] this chapter, it is not necessary to prove the existence of any lottery in which any lottery ticket [shall purport] purports to have been issued, nor to prove the actual signing of any such ticket or share, or pretended ticket or share of any pretended lottery, nor that any lottery ticket, share [,] or interest was signed or issued by the authority of any manager, or of any person assuming to have authority as manager; but in all cases proof of the sale, furnishing, bartering [,] or procuring of any ticket, share [,] or interest therein, or of any instrument purporting to be a ticket, or part or share of any such ticket, [shall be] constitutes evidence that such share or interest was signed and issued according to the purport thereof.

      Sec. 28.  NRS 462.070 is hereby amended to read as follows:

      462.070  [Every] A person who lets or permits to be used any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing or drawing any lottery [,] in violation of this chapter, or for the purpose of selling or disposing of lottery tickets [,] in violation of this chapter, is guilty of a misdemeanor.

      Sec. 29.  NRS 462.080 is hereby amended to read as follows:

      462.080  1.  All [moneys] money and property offered for sale or distribution in violation of any of the provisions of [NRS 462.010 to 462.060, inclusive,] this chapter are forfeited to the state, and may be recovered by information filed or by an action brought by the attorney general or by any district attorney, in the name of the state.

      2.  Upon the filing of the information or complaint, the clerk of the court, or if the suit [be] is in a justice’s court, the justice, must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property and is issued in the same manner as attachments from the district courts in civil cases.


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

ê1991 Statutes of Nevada, Page 2263 (Chapter 688, AB 449)ê

 

      Sec. 30.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Charitable lottery” has the meaning ascribed to it in section 5.5 of this act.

      Sec. 31.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, sections 2 and 3 of Assembly Bill No. 554 of this session, [and] sections 3 and 4 of Assembly Bill No. 423 of this session, and section 1 of [this act] Assembly Bill No. 428 of this session, and section 30 of this act, have the meanings ascribed to them in those sections.

      Sec. 32.  NRS 463.0134 is hereby amended to read as follows:

      463.0134  “Applicant” means any person who has applied for or is about to apply for a state gaming license, manufacturer’s license, distributor’s license, registration or finding of suitability under the provisions of this chapter [or] , a finding of suitability regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, a pari-mutuel wagering license under the provisions of chapter 464 of NRS, or approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.

      Sec. 33.  NRS 463.0135 is hereby amended to read as follows:

      463.0135  “Application” means a request for the issuance of a state gaming license, manufacturer’s, seller’s or distributor’s license, registration or finding of suitability under the provisions of this chapter [or] , for a finding of suitability regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, for a pari-mutuel wagering license under the provisions of chapter 464 of NRS , or for approval of any act or transaction for which commission approval is required or permitted under the provisions of this chapter or chapter 464 of NRS.

      Sec. 34.  (Deleted by amendment.)

      Sec. 35.  NRS 463.140 is hereby amended to read as follows:

      463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses must be administered by the board and the commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The board and the commission and their agents may:

      (a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

      (b) Inspect all equipment and supplies in, upon or about such premises.

      (c) Summarily seize and remove from such premises and impound any equipment or supplies for the purpose of examination and inspection.

      (d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of applicants and licensees, on their premises, or elsewhere as practicable, and in the presence of the licensee or his agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.


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

ê1991 Statutes of Nevada, Page 2264 (Chapter 688, AB 449)ê

 

      3.  For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for a period of 1 year after the date of the surrender or revocation of his gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, he must maintain all books, papers and records until a final order is entered on the determination.

      4.  The board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter or chapter 462, 463B, 464 or 465 of NRS. For the purposes of the administration and enforcement of this chapter and chapters 462, 463B, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission have the powers of a peace officer of this state.

      5.  For the purpose of protecting members of the board and of the commission and their property, and providing security at meetings of the board and of the commission, the employees of the enforcement division of the board have the powers of a peace officer of this state.

      6.  The board and the commission or any of its members has full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.

      Sec. 36.  NRS 463.141 is hereby amended to read as follows:

      463.141  The commission or board shall initiate proceedings or actions appropriate to enforce the provisions of this chapter [,] and chapter 462 of NRS, and may request that a district attorney or recommend that the attorney general prosecute any public offense committed in violation of any provision of this chapter or of chapter 462, 463B or 464 of NRS. If the board initiates any action or proceeding or requests the prosecution of any offense, it shall immediately notify the commission.

      Sec. 37.  NRS 463.170 is hereby amended to read as follows:

      463.170  1.  Any person who the commission determines is qualified to receive a license or be found suitable under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this state, may be issued a state gaming license or found suitable [.] , as appropriate. The burden of proving his qualification to receive any license or be found suitable is on the applicant.


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ê1991 Statutes of Nevada, Page 2265 (Chapter 688, AB 449)ê

 

      2.  An application to receive a license or be found suitable [shall] must not be granted unless the commission is satisfied that the applicant is:

      (a) A person of good character, honesty and integrity;

      (b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming [,] or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and

      (c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.

      3.  A license to operate a gaming establishment [shall] must not be granted unless the applicant has satisfied the commission that:

      (a) He has adequate business probity, competence and experience, in gaming or generally; and

      (b) The proposed financing of the entire operation is:

             (1) Adequate for the nature of the proposed operation; and

             (2) From a suitable source.

Any lender or other source of money or credit which the commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.

      4.  An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming [.] or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

      5.  The commission may in its discretion grant a license to a corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive.

      6.  The commission may in its discretion grant a license to a limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive.

      7.  No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the commission, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

      8.  The commission may, by regulation, limit the number of persons who may be financially interested and the nature of their interest in any corporation or other organization or association licensed under this chapter, and establish such other qualifications for licenses as they may, in their discretion, deem to be in the public interest and consistent with the declared policy of the state.


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ê1991 Statutes of Nevada, Page 2266 (Chapter 688, AB 449)ê

 

      Sec. 38.  NRS 463.310 is hereby amended to read as follows:

      463.310  1.  The board shall make appropriate investigations:

      (a) To determine whether there has been any violation of this chapter or chapter 462, 464 or 465 of NRS or any regulations adopted thereunder.

      (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.

      (c) To aid in adopting regulations.

      (d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464 or 465 of NRS.

      (e) As directed by the commission.

      2.  If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462 or 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.

      3.  Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.

      4.  After the provisions of subsections 1, 2 and 3 have been complied with, the commission may:

      (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

      (b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;

      (c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment; and

      (d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:

             (1) Not less than $10,000 nor more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or

             (2) Except as otherwise provided in subparagraph 1 of this paragraph, not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.


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ê1991 Statutes of Nevada, Page 2267 (Chapter 688, AB 449)ê

 

of NRS or of the regulations of the commission which is the subject of any subsequent complaint.

All fines must be paid to the state treasurer for deposit in the state general fund.

      5.  For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.

      6.  If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.

      7.  any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

      8.  Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315 to 463.318, inclusive.

      Sec. 39.  NRS 463.339 is hereby amended to read as follows:

      463.339  An applicant for licensing, registration, finding of suitability, work permit or any approval or consent required by this chapter or chapter 462 of NRS shall make full and true disclosure of all information to the board, commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry [.] and the operation of charitable lotteries.

      Sec. 40.  NRS 463.343 is hereby amended to read as follows:

      463.343  1.  The board or commission or any applicant, licensee, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter , chapter 462 of NRS or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.

      2.  When an action is brought by a person other than the board or commission, the commission must be made a party to the action and the attorney general must be served with a copy of the complaint and is entitled to appear in the action.

      3.  Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the state.

      4.  The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.

      5.  In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:

      (a) Any applicant for licensing, finding of suitability or registration;


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

ê1991 Statutes of Nevada, Page 2268 (Chapter 688, AB 449)ê

 

      (b) Any person who has been ordered by the board or commission to submit his application for licensing, finding of suitability or registration;

      (c) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or

      (d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.

      Sec. 41.  NRS 463.346 is hereby amended to read as follows:

      463.346  1.  The attorney general, at the direction of the commission, may institute a civil action in any district court of this state against any person subject to this chapter or chapter 462, 464 or 465 of NRS to restrain a violation of this chapter or chapter 462, 464 or 465 of NRS.

      2.  The district court shall give priority over other civil actions to an action brought pursuant to this section.

      3.  An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person.

      Sec. 42.  NRS 463.3465 is hereby amended to read as follows:

      463.3465  1.  If a district attorney in whose county a violation of this chapter or of chapter 462, 463B, 464 or 465 of NRS occurs fails to file a complaint or information for that offense or present it to a grand jury, within 15 days after the commission or board so requests in writing, the commission or board may recommend to the attorney general that he file a complaint or information or present the matter to a grand jury, as the facts may warrant, and thereafter proceed as appropriate to complete the prosecution. Upon a written recommendation to prosecute from the commission or board, the attorney general may so file the matter without leave of court and has exclusive charge of the prosecution.

      2.  If a district attorney declines to prosecute [a gaming offense] such a violation after receiving a written request to do so from the commission or board, he may respond in writing to the commission or board within the 15-day period specified in subsection 1 and state the reasons why he declines.

      Sec. 43.  NRS 207.080 is hereby amended to read as follows:

      207.080  1.  For the purpose of NRS 207.080 to 207.150, inclusive, a “convicted person” is:

      (a) Any person convicted in the State of Nevada of an offense punishable as a felony or convicted in any place other than the State of Nevada of a felony or any other offense which is punishable by imprisonment for 1 year or more.

      (b) Any person convicted in the State of Nevada, or elsewhere, of the violation of any law, whether or not the violation is punishable as a felony:

             (1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Controlled Substances Act.

             (2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used to silence the report or conceal the discharge or flash of any firearm.


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ê1991 Statutes of Nevada, Page 2269 (Chapter 688, AB 449)ê

 

             (3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used to disable temporarily or permanently any human being.

      (c) Any person convicted of a crime in the State of Nevada pursuant to the provisions of NRS 122.220, 201.120 to 201.170, inclusive, 201.249, 201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to 451.040, inclusive, 452.300, [462.010 to 462.080, inclusive,] 465.070 to 465.085, inclusive, 646.010 to 646.060, inclusive, [or] 647.110 to 647.145, inclusive, or chapter 462 of NRS, or convicted in any place other than the State of Nevada of an offense which, if committed in this state, would have been punishable under one or more of those sections.

      (d) Any person convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.

      2.  Any person, except as set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.

      Sec. 44.  Section 4 of Senate Bill No. 535 of this session is hereby amended to read as follows:

       Sec. 4.  NRS 463.013 is hereby amended to read as follows:

       463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, sections 2 and 3 of Assembly Bill No. 554 of this session, sections 3 and 4 of Assembly Bill No. 423 of this session, and section 1 of Assembly Bill No. 428 of this session, [and] section 30 of [this act,] Assembly Bill No. 449 of this session, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 45.  1.  Sections 22 and 43 of this act become effective at 12:01 a.m. on October 1, 1991.

      2.  Section 31 of this act becomes effective at 12:03 a.m. on October 1, 1991.

 

________


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ê1991 Statutes of Nevada, Page 2270ê

 

CHAPTER 689, AB 451

Assembly Bill No. 451–Committee on Commerce

CHAPTER 689

AN ACT relating to mobile home parks; revising the provisions governing the restriction of mobile home parks to certain tenants; revising the provisions requiring the dissemination of certain information by landlords to tenants; requiring a landlord to pay interest on certain deposits; imposing an annual fee on owners of mobile home parks; providing for the use of the proceeds of those fees to subsidize the rent paid for a mobile home lot by certain eligible persons; requiring the administrator of the manufactured housing division of the department of commerce or his representative to furnish identification upon request during an investigation; revising certain other provisions governing landlords of mobile home parks; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Manager” means the person in charge or in control of a mobile home park, whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the mobile home park.

      Sec. 3.  A tenant shall secure the approval of his landlord before beginning construction of any improvement or addition to his mobile home or lot which requires a building permit issued by a local government.

      Sec. 4.  If a landlord approves the placement of a mobile home on a lot in a park and it is determined after the home is placed on the lot that the placement of the home does not conform to the requirements of the local ordinances relating to that placement, the landlord shall pay the cost to ensure compliance with those requirements.

      Sec. 5.  1.  In addition to the fee established pursuant to NRS 118B.185, except as otherwise provided in subsection 3, the owner of a mobile home park shall pay to the division an annual fee of $12 for each lot within the park that was occupied at any time during the year. The owner shall not impose a fee or surcharge to recover from his tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.

      2.  The administrator shall notify the owner of each mobile home park in the state on or before July 1 of each year of the fee imposed pursuant to this section.

      3.  If on May 15 of that year the balance in the trust fund for low-income owners of mobile homes which is attributable to deposits pursuant to this section exceeds $1,000,000, the administrator shall not charge or collect a fee pursuant to this section. He shall resume the collection in any year when the balance on May 15 is less than $750,000. The administrator shall request the state treasurer to inform him of the applicable balance of the fund on May 15 of each year.

      4.  If an owner fails to pay the fee within 30 days after receiving written notice from the administrator to do so, a penalty of 50 percent of the amount of the fee must be added.


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ê1991 Statutes of Nevada, Page 2271 (Chapter 689, AB 451)ê

 

      5.  All fees and penalties collected by the division pursuant to this section must be deposited in the state treasury for credit to the trust fund for low-income owners of mobile homes created pursuant to section 6 of this act.

      Sec. 6.  1.  There is hereby created in the state treasury the trust fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the fund pursuant to section 5 of this act or from any other source must be deposited in the fund.

      2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are paid.

      3.  The money in the fund may be used only to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the mobile home lot on which their mobile home is located. To be eligible for assistance from the fund a person must:

      (a) Have been a tenant in a mobile home park in this state for at least 1 year immediately preceding his application for assistance;

      (b) Own the mobile home which is subject to the tenancy;

      (c) Have a monthly income which is at or below $750 or the federally designated level signifying poverty, whichever is greater; and

      (d) Be a tenant in a mobile home park and maintain continuous tenancy in that park during the duration of the supplemental assistance.

      4.  The division shall administer the provisions of this section and may adopt regulations necessary for that purpose. The division shall adopt regulations establishing annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the division with a written acknowledgement of his continued eligibility for assistance.

      5.  The maximum amount which may be distributed to a person to supplement his monthly rent pursuant to this section is an amount equal to the difference between $150 and the amount of rent charged for the lot, but in no case may the supplement exceed the average monthly rent charged per mobile home lot in the county in which the mobile home is located.

      Sec. 7.  A person who receives assistance pursuant to section 6 of this act shall notify the administrator of any change in his eligibility pursuant to that section within 10 days after the change. A person who violates this section is ineligible for assistance from the trust fund for low-income owners of mobile homes.

      Sec. 8.  NRS 118B.010 is hereby amended to read as follows:

      118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 118B.026 is hereby amended to read as follows:

      118B.026  1.  The administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto, investigate the alleged violation. The administrator or his representative shall, upon request, furnish identification during an investigation.

      2.  If the administrator finds a violation of the provisions of this chapter or of any regulation adopted pursuant thereto, he may issue a notice of violation to the person who he alleges has violated the provision. The notice of violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.


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ê1991 Statutes of Nevada, Page 2272 (Chapter 689, AB 451)ê

 

violation must set forth the violation which the administrator alleges with particularity and specify the corrective action which is to be taken and the time within which the action must be taken.

      3.  If the person to whom a notice of violation is directed fails to take the corrective action required, the administrator may:

      (a) Extend the time for corrective action;

      (b) Request the district attorney of the county in which the violation is alleged to have occurred to prepare a complaint and procure the issuance of a summons to the person for the violation; or

      (c) Apply to the district court for the judicial district in which the violation is alleged to have occurred for an injunction and any other relief which the court may grant to compel compliance. In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

The administrator may, in addition to or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine pursuant to section 1 of [this act.] Assembly Bill No. 450 of this session.

      4.  Any person who violates a provision of this chapter, or a regulation adopted pursuant thereto, shall pay for the cost incurred by the division in enforcing the provision.

      Sec. 10.  NRS 118B.040 is hereby amended to read as follows:

      118B.040  1.  A written rental agreement may be executed between a landlord and tenant to rent or lease any mobile home lot. The landlord shall give the tenant a copy of the agreement, if any, at the time the tenant signs it.

      2.  Any such written rental agreement must contain but is not limited to provisions relating to the following subjects:

      (a) The duration of the agreement.

      (b) The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

      (c) Restrictions on occupancy by children or pets.

      (d) Services and utilities included with the rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.

      (e) Fees which may be required and the purposes for which they are required.

      (f) Deposits which may be required and the conditions for their refund.

      (g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

      (h) The name and address of the owner of the mobile home park and his authorized agent.

      (i) Any restrictions on subletting.

      (j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot and their ages.

      (k) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.

      (l) Any restriction of [all or part of the park to adults or older persons.

      (m) A marking or designation] the park to older persons pursuant to federal law.


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ê1991 Statutes of Nevada, Page 2273 (Chapter 689, AB 451)ê

 

      (m) The dimensions of the mobile home lot [sufficient to inform the tenant of its boundaries.] of the tenant.

      Sec. 11.  NRS 118B.050 is hereby amended to read as follows:

      118B.050  Any provision in a rental agreement or lease for a mobile home lot which provides that the tenant:

      1.  Agrees to waive or forego any rights or remedies afforded by this chapter;

      2.  Authorizes any person to confess judgment on any claim arising out of the rental agreement;

      3.  Agrees to pay the landlord’s attorney’s fees [,] or costs, or both, except that the agreement may provide that attorney’s fees may be awarded to the prevailing party in the event of court action;

      4.  Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord;

      5.  Agrees to a period [of time] within which he will give notice to the landlord of the termination of his tenancy which is longer than the term of the lease; or

      6.  Agrees to pay any additional charge for children or pets, unless the landlord provides a special service regarding children or pets,

is void. A tenant may recover his actual damages resulting from the enforcement of such a provision.

      Sec. 12.  NRS 118B.060 is hereby amended to read as follows:

      118B.060  1.  Any payment, deposit, fee, or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

      2.  The landlord shall maintain a separate record of the deposits.

      3.  Except as otherwise provided in subsection 4:

      (a) All deposits are refundable, and upon termination of the tenancy , or if the deposit is collected as a sum to compensate for a tenant default, not more than 5 years after the landlord receives the deposit, the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit.

      (b) Any refund must be sent to the tenant within 21 days after the tenancy is terminated.

      4.  Each deposit collected as a sum to compensate for a tenant default must be refunded to the tenant not more than 5 years after the landlord receives the deposit or upon the termination of the tenancy, whichever is earlier. The refund must include interest at the rate of 5 percent per year, compounded annually, for the entire period during which the deposit was held by the landlord.

      5.  Upon termination of the landlord’s interest in the mobile home park, the landlord shall [either] transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed [under] pursuant to this section or refund that portion to the tenant.


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

ê1991 Statutes of Nevada, Page 2274 (Chapter 689, AB 451)ê

 

      [5.] 6.  If the former landlord fails to transfer that portion of the deposit remaining to the successor in interest or refund it to the tenant at the time the successor in interest takes possession, the successor [then] becomes jointly and severally liable with the former landlord for refunding to the tenant that portion of the deposit to which he is entitled.

      [6.] 7.  If the former landlord fails to transfer or refund the deposit, the tenant may not be required to pay another deposit until the successor in interest refunds the deposit to the tenant or provides him with an itemized written accounting of the statutorily authorized disposition of the deposit.

      [7.] 8.  The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.

      Sec. 13.  NRS 118B.070 is hereby amended to read as follows:

      118B.070  The landlord shall [:

      1.  Provide each] provide:

      1.  Each new tenant with a current text of the provisions of this chapter with the rental agreement at the time the tenant signs the agreement.

      2.  [Post a copy of the provisions of this chapter and the address and telephone number of the manufactured housing division of the department of commerce in a conspicuous place in the park’s community or recreation facility or other common area.

      3.  Correct the posted copy of the provisions of this chapter and those he provides to a new tenant with the rental agreement each time new provisions are added or existing provisions are subsequently amended or repealed, within 90 days after the amendments become effective.] Each tenant with a copy of each provision of this chapter which is added, amended or repealed within 90 days after the provisions become effective.

      Sec. 14.  NRS 118B.085 is hereby amended to read as follows:

      118B.085  1.  If the [owner of a mobile home park] landlord has employed a manager or assistant manager, [the owner] he shall notify the [manufactured housing division of the department of commerce] division of the name of the manager and assistant manager of his park. After the initial notification, the [owner] landlord shall also send such a notice within 45 days after:

      (a) Buying the park;

      (b) Opening the park for occupancy; or

      (c) Changing managers or assistant managers.

      2.  Upon receiving the notice required by subsection 1, the administrator [of the manufactured housing division] shall send the manager and the assistant manager the text of the provisions of this chapter and a form upon which the manager and assistant manager shall acknowledge that they have received those provisions [,] and have read [them and understand] them. The manager and the assistant manager shall return the acknowledged form to the administrator within 10 days after receiving it.

      [3.  For the purposes of this section, “manager” means the person in charge or in control of a mobile home park, whether or not he is the owner or employed by the owner. The term includes any company chosen by the landlord to administer or supervise the affairs of the mobile home park.]


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ê1991 Statutes of Nevada, Page 2275 (Chapter 689, AB 451)ê

 

      Sec. 15.  NRS 118B.100 is hereby amended to read as follows:

      118B.100  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.

      2.  All such rules or regulations must be:

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;

      (d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

      (e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.

      3.  No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot or modify the terms of a rental agreement.

      4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. A notice in a periodic publication of the park does not meet the requirement for notice under this subsection.

      5.  A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable.

      6.  [For the purposes of] As used in this section, “capital improvement” means an addition or betterment made to a mobile home [park] located on a lot in a mobile home park which is leased by the landlord that:

      (a) Consists of more than the repair or replacement of an existing facility;

      (b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and

      (c) Has a useful life of 5 years or more.

      Sec. 16.  NRS 118B.120 is hereby amended to read as follows:

      118B.120  1.  The landlord or his agent or employee may:

      (a) Require that the tenant landscape and maintain the tenant’s lot if the landlord advises the tenant in writing of reasonable requirements for the landscaping.

      (b) By prior written agreement, maintain the tenant’s lot and charge the tenant a service fee for the actual cost of that maintenance.

      (c) Require that the mobile home be removed from the park if it is unoccupied for more than 90 consecutive days and the tenant or dealer is not making good faith and diligent efforts to sell it.


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

ê1991 Statutes of Nevada, Page 2276 (Chapter 689, AB 451)ê

 

      2.  The landlord shall maintain, in the manner required for the other tenants, any lot on which is located a mobile home within the park which has been repossessed, abandoned or held for rent or taxes. The landlord is entitled to reimbursement for the cost of that maintenance from the repossessor or lien holder or from the proceeds of any sale for taxes, as the case may be.

      3.  For the purposes of this section, a mobile home shall be deemed to be abandoned if:

      (a) It is located on a lot in a mobile home park for which no rent has been paid for at least 60 days;

      (b) It is unoccupied; and

      (c) The manager of the mobile home park reasonably believes it to be abandoned.

      Sec. 17.  NRS 118B.130 is hereby amended to read as follows:

      118B.130  1.  A landlord may [restrict all or part of a mobile home park to adult tenants who are at least 18 years old or to older tenants who are at least 55 years old, but:

      (a) The landlord may not change an] not change:

      (a) An existing park to [an adult park or] a park for older persons pursuant to federal law unless the tenants who do not meet those restrictions and may lawfully be evicted are [given the option of remaining in the park or moving] moved to other parks [within 20 miles] at the expense of the landlord [.

      (b) The landlord may not change an existing park to a park in which certain areas are restricted to adults or older persons unless the tenants who do not meet the restrictions are given the option of remaining in their spaces or moving to unrestricted areas of the park or to parks within 20 miles at the expense of the landlord.

      (c) The landlord may not change the] ; or

      (b) The restriction of a park [or an area of a park which is restricted to adults or] for older persons pursuant to federal law unless the tenants [who meet the restriction] are given the option of remaining in their spaces or moving to other parks [within 20 miles] at the expense of the landlord.

      2.  A tenant who elects to move pursuant to a provision of subsection 1 must give the landlord notice in writing of his election to move within 75 days after receiving notice of the change in restrictions in the park. [He is entitled to receive the cost of taking down, moving and setting up his mobile home in the new lot or park.] If a landlord is required to move a tenant to another park pursuant to subsection 1, he shall pay:

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

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

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

      3.  A landlord of a park in which restrictions have been or are being changed shall give written notice of the change to each:

      (a) Tenant of the park who does not meet the new restrictions.

      (b) Prospective tenant before the commencement of the tenancy.


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

ê1991 Statutes of Nevada, Page 2277 (Chapter 689, AB 451)ê

 

      Sec. 18.  NRS 118B.150 is hereby amended to read as follows:

      118B.150  The landlord or his agent or employee shall not:

      1.  Increase rent or additional charges unless:

      (a) The rental increase [is the same amount for each space in the park,] applies in a uniform manner to mobile homes or lots of the same size, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older, and any increase in additional charges for special services is the same amount for each tenant using the special service; and

      (b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.

      2.  Require a tenant to pay his rent by check.

      3.  Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any political or social meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.

      4.  Interrupt, with the intent to terminate occupancy, and utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

      5.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park , a guest may be required to register upon entering and leaving.

      6.  Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying any additional charge or fee. No agreement between a tenant and his guest alters or varies the terms of the rental contract between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.

      7.  Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. [For purposes of] As used in this subsection, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of [such] those dues.

      8.  Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.

      Sec. 19.  NRS 118B.170 is hereby amended to read as follows:

      118B.170  1.  The landlord may require approval of a prospective buyer and tenant before the sale of a tenant’s mobile home or recreational vehicle, if the mobile home or vehicle will remain in the park. The landlord shall not unreasonably withhold his consent.

      2.  If a tenant sells his mobile home or recreational vehicle, the landlord may require that the mobile home or recreational vehicle be removed from the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120.


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

ê1991 Statutes of Nevada, Page 2278 (Chapter 689, AB 451)ê

 

the park if it is deemed by the park’s written rules or regulations in the possession of the tenants to be in a run-down condition or in disrepair or does not meet the safety standards set forth in NRS 461A.120. If the mobile home must be inspected to determine compliance with the standards, the person requesting the inspection shall pay for it.

      3.  If the landlord requires approval of a prospective buyer and tenant, he shall post and maintain a sign which is clearly readable at the entrance to the park which advises the reader that before a mobile home in the park is sold, the [parties to the sale must first confer with the manager.] prospective buyer must be approved by the landlord.

      Sec. 20.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a mobile home park he shall pay [the] :

      (a) The cost of moving each tenant’s mobile home and its appurtenances to a new location within [20] 50 miles from the mobile home park [,] ; or

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

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

      2.  Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.

      Sec. 21.  NRS 118B.180 is hereby amended to read as follows:

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

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

      (b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;

      (c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;

      (d) The landlord pays [the] :

             (1) The cost of moving the tenant’s mobile home and its appurtenances to a comparable location within [20] 50 miles from the mobile home park [,] ; or

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

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

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


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

ê1991 Statutes of Nevada, Page 2279 (Chapter 689, AB 451)ê

 

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

      Sec. 22.  NRS 118B.183 is hereby amended to read as follows:

      118B.183  1.  A landlord may convert an existing mobile home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

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

      (b) The landlord pays [the] :

             (1) The cost of moving the tenant’s mobile home and its appurtenances to a new location within [20] 50 miles from the mobile home park [,] ; or

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

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

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

      2.  A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the mobile home park.

      Sec. 23.  NRS 118B.185 is hereby amended to read as follows:

      118B.185  1.  Each owner of a mobile home park shall pay to the division an annual fee established by the administrator which must not exceed $3 for each lot [occupied] within that park.

      2.  If an owner fails to pay the fee within 30 days after receiving written notice of its amount, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his tenants.

      3.  All fees collected by the division pursuant to subsection 1 must be deposited in the state treasury for credit to the account for regulating mobile home parks within the fund for manufactured housing created pursuant to NRS 489.491. All expenses related to the regulation of mobile home parks must be paid from the account. The account must not be used for any other purpose. Claims against the account must be paid as other claims against the state are paid.

      Sec. 24.  Notwithstanding the provisions of section 6 of this act, no money may be distributed from the trust fund for low-income owners of mobile homes pursuant to section 6 of this act until July 1, 1993.

      Sec. 25.  1.  This section and sections 6, 23 and 24 of this act become effective on July 1, 1991.

      2.  Sections 1 to 4, inclusive, 7, 8 and 10 to 22, inclusive, of this act become effective on October 1, 1991.


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

ê1991 Statutes of Nevada, Page 2280 (Chapter 689, AB 451)ê

 

      3.  Section 9 of this act becomes effective at 12:01 a.m. on October 1, 1991.

      4.  Section 5 of this act becomes effective on July 1, 1992.

 

________

 

 

CHAPTER 690, AB 454

Assembly Bill No. 454–Committee on Commerce

CHAPTER 690

AN ACT relating to tobacco; revising certain reporting requirements; authorizing a refund of the excise taxes paid on products made from tobacco other than cigarettes that are sold to certain persons; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 370 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon proof satisfactory to the department, a refund must be allowed for the taxes paid pursuant to NRS 370.450, upon products made from tobacco other than cigarettes, that are sold to:

      (a) The United States Government for the purposes of the Army, Air Force, Navy or Marine Corps and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for the purposes of the Army, Air Force, Navy or Marine Corps;

      (b) Veterans’ hospitals for distribution or sale to disabled servicemen or ex-servicemen interned therein, but not to civilians or civilian employees;

      (c) Any person if sold and delivered on an Indian reservation or colony where an excise tax has been imposed which is equal to or greater than the rate of the tax imposed pursuant to section 2 of chapter 269, Statutes of Nevada 1991; or

      (d) An Indian if sold and delivered on an Indian reservation or colony where no excise tax has been imposed or the excise tax is less than the rate of the tax imposed pursuant to section 2 of chapter 269, Statutes of Nevada 1991.

      2.  Any refund must be paid as other claims against the state are paid.

      Sec. 2.  NRS 370.090 is hereby amended to read as follows:

      370.090  1.  Each applicant for a wholesale [cigarette] dealer’s license must, and each [wholesale licensee] person licensed as a wholesale dealer shall [:

      (a) Establish and maintain a place of business in the State of Nevada; and

      (b) Keep] keep on hand [therein] at all times cigarettes of a wholesale value of at least $10,000.

      2.  The provisions of this section do not apply to any person who was a wholesale dealer on June 30, 1973.

      Sec. 3.  NRS 370.240 is hereby amended to read as follows:

      370.240  1.  Each dealer authorized to purchase or affix cigarette revenue stamps shall report to the department:


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

ê1991 Statutes of Nevada, Page 2281 (Chapter 690, AB 454)ê

 

      (a) The inventory of all cigarettes in his possession or control at the close of business on the last day of each month.

      (b) The total value of all cigarette revenue stamps affixed by him upon cigarette packages sold in or shipped into the state by him during the preceding month.

      2.  The report [shall] must be made by the [15th] 25th day of the month following shipments upon forms to be provided by the department.

      3.  The dealer may be allowed [15] 5 additional days to file his report, if he makes prior written application to the department and the department finds good cause for extension.

      Sec. 4.  NRS 370.3745 is hereby amended to read as follows:

      370.3745  In determining cost to the wholesale dealer, the department or a court may consider evidence tending to show that a person purchased cigarettes at a fictitious price, upon terms, in a manner, or under invoices, to conceal the true cost, discount or terms of purchase. The department or the court may consider evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature made in [the] :

      1.  An area of trade [or the] within this state; or

      2.  The entire state.

      Sec. 5.  NRS 370.440 is hereby amended to read as follows:

      370.440  As used in NRS 370.440 to 370.500, inclusive, and section 1 of this act, unless the context otherwise provides:

      1.  “Retail dealer” means any person other than a wholesale dealer who is engaged in selling products made from tobacco, other than cigarettes, to customers.

      2.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

      3.  “Wholesale dealer” means any person who purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases [such] those products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of [such] those products.

      4.  “Wholesale price” means the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.

      Sec. 6.  Section 4 of chapter 269, Statutes of Nevada 1991, is hereby amended to read as follows:

       Sec. 4.  NRS 370.440 is hereby amended to read as follows:

       370.440  As used in NRS 370.440 to 370.500, inclusive, [and] section 1 of [this act,] Assembly Bill No. 454 of this session, and section 2 of this act, unless the context otherwise provides:

       1.  “Retail dealer” means any person other than a wholesale dealer who is engaged in selling products made from tobacco, other than cigarettes, to customers.


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

ê1991 Statutes of Nevada, Page 2282 (Chapter 690, AB 454)ê

 

       2.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of products made from tobacco, other than cigarettes.

       3.  “Wholesale dealer” means any person who purchases products made from tobacco, other than cigarettes, directly from the manufacturer or who purchases those products from any other person who purchases them from the manufacturer to sell to retail dealers and who serves retail outlets from an established place of business including, but not limited to, the maintenance of a warehouse for the storage and distribution of those products.

       4.  “Wholesale price” means the established price for which a manufacturer sells a product made from tobacco, other than cigarettes, to a wholesale dealer before any discount or other reduction is made.

      Sec. 7.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 691, AB 493

Assembly Bill No. 493–Assemblymen McGinness, Marvel, Goetting, Arberry, Bache, Bergevin, Heller, Carpenter, Humke, Stout, Dini and Callister

CHAPTER 691

AN ACT making an appropriation to the White Pine Historical Railroad Foundation for maintenance; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

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 White Pine Historical Railroad Foundation the sum of $95,000 for the repair of the roof of the machine shop.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, 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.

 

________


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

ê1991 Statutes of Nevada, Page 2283ê

 

CHAPTER 692, AB 535

Assembly Bill No. 535–Committee on Ways and Means

CHAPTER 692

AN ACT relating to wildlife; imposing additional penalties for the unlawful killing or possession of wildlife; imposing an annual assessment for the development or maintenance of a body of water lethal to wildlife; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 5, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used, or intended for use:

      (a) To facilitate the unlawful and intentional killing or possession of any big game animal; or

      (b) Knowingly to transport, sell, receive, acquire or purchase any big game animal which is unlawfully killed or possessed,

is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive.

      2.  As used in this section, “big game animal” means any animal so classified by regulation of the commission.

      Sec. 2.  NRS 501.181 is hereby amended to read as follows:

      501.181  The commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.

      (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of the state.

      (c) The promotion of uniformity of laws relating to policy matters.

      2.  Guide the department in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.

      3.  Establish policies for areas of interest including:

      (a) The management of big and small game animals, upland and migratory game birds, fur-bearing animals, game fish, and protected and unprotected animals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife; the entry, access to, and occupancy and use of such property, including leases of grazing rights; sale of agricultural products; and requests by the director to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

      (d) The control of nonresident hunters.

      (e) The introduction, transplanting or exporting of wildlife.

      (f) Cooperation with federal, state and local agencies on wildlife and boating programs.


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

ê1991 Statutes of Nevada, Page 2284 (Chapter 692, AB 535)ê

 

      (g) The hunting, fishing or trapping privileges of any person convicted of two violations within a 5-year period.

      4.  Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:

      (a) Regular and special seasons for hunting game animals and game birds, for hunting or trapping fur-bearing animals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.

      5.  Adopt regulations requiring the department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

      6.  Adopt regulations [governing] :

      (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

      (b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

      Sec. 3.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the department from:

      (a) The sale of licenses;

      (b) Fees pursuant to the provisions of NRS 488.075 and [NRS] 488.1793;

      (c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the legislature; and

      (e) All other sources, except money derived from the forfeiture of any property described in section 1 of this act,

must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      2.  The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.

      3.  The department may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.


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

ê1991 Statutes of Nevada, Page 2285 (Chapter 692, AB 535)ê

 

      Sec. 4.  NRS 501.375 is hereby amended to read as follows:

      501.375  1.  Every game warden throughout the state, and every sheriff and constable in his respective county shall enforce this Title and seize any wildlife taken or held in possession in violation of this Title.

      2.  Such an officer may:

      (a) With or without a warrant, conduct a reasonable search of any camp, structure aircraft vessel, vehicle, box, game bag or other package where he has reason to believe any wildlife taken or held in violation of any of the provisions of this Title is to be found, and, for the purposes of such a search, may detain any aircraft, vessel or vehicle for a rea