[Rev. 3/18/2013 2:06:58 PM]

Link to Page 1192

 

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ê1997 Statutes of Nevada, Page 1193 (Chapter 314, SB 133)ê

 

possession. One or more determinations of a deficiency may be made of the amount due for one or more periods.

       3.  Except for a determination made pursuant to subsection 1, a notice of a determination of a deficiency issued by the manager must be served personally or mailed within 3 years after the last day of the calendar month following the period for which the amount that is proposed to be determined is due. An employer who is aggrieved by [the manager’s] a determination made pursuant to this section or NRS 360.300 may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

       [3.] 4.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of this chapter, is:

       (a) For the first offense, guilty of a gross misdemeanor.

       (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony and shall be punished as provided in NRS 193.130.

Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.

      Sec. 21.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 22.  1.  Except as otherwise provided in subsections 2 and 3, the amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      2.  The amendatory provisions of sections 9 and 10 of this act apply to offenses that are committed on, before or after October 1, 1997.

      3.  The amendatory provisions of sections 1 and 13 of this act do not apply to offenses that are committed before July 1, 1998.

      Sec. 23.  1.  This section and sections 2, 3, 5 to 12, inclusive, and 14 to 22, inclusive, become effective on October 1, 1997.

      2.  Section 4 of this act becomes effective at 12:01 a.m. on October 1, 1997.

      3.  Sections 1 and 13 of this act become effective on July 1, 1998.

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ê1997 Statutes of Nevada, Page 1194ê

 

CHAPTER 315, SB 231

Senate Bill No. 231–Senator O’Donnell

CHAPTER 315

AN ACT relating to guardians; revising the provisions governing the appointment of certain guardians without issuing a citation; revising the provisions governing the appointment of temporary guardians; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 159.049 is hereby amended to read as follows:

      159.049  The court may, without issuing a citation, appoint a guardian for the proposed ward if the:

      1.  Petitioner is a parent seeking appointment of a guardian for his minor child [under 14 years of age] who is in the lawful custody of the petitioner.

      [2.  Proposed] If the proposed ward is a minor who is 14 years of age or older [and the petition is] :

      (a) The petition must be accompanied by the written consent of the minor [or the minor consents] to the appointment of the guardian; or

      (b) The minor must consent to the appointment of the guardian in open court.

      [3.] 2.  Petitioner is a foreign guardian of a nonresident proposed ward, and the petition is accompanied by an authenticated copy of the record of his appointment and by evidence of existing authority of the foreign guardian.

      Sec. 2.  NRS 159.052 is hereby amended to read as follows:

      159.052  1.  A petitioner may request the court to appoint a temporary guardian. [The petitioner must] To support the request [by presenting under oath] , the petitioner must set forth in a petition and present to the court [facts] under oath:

      (a) Facts which show that the [:

      (a) Proposed ward faces] proposed ward:

             (1) Faces a substantial and immediate risk of financial loss or physical harm or needs immediate medical attention;

      [(b) Proposed ward lacks] and

             (2) Lacks capacity to respond to the risk of loss or harm or to obtain the necessary medical attention; and

      [(c) Petitioner]

      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice [under] pursuant to NRS 159.047 [.] ; or

             (2) The proposed ward would be exposed to an immediate risk of financial loss or physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian.

      2.  If the court [finds] :


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ê1997 Statutes of Nevada, Page 1195 (Chapter 315, SB 231)ê

 

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention [and that the] ; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice [, it ] pursuant to NRS 159.047 or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1,

the court may appoint a temporary guardian to serve for 10 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall make a good faith effort to notify the persons entitled to notice pursuant to NRS 159.047. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 not later than 24 hours after the appointment of the temporary guardian. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Within 10 days after the appointment of a temporary guardian [under] pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. [If] Except as otherwise provided in subsection 6, if the court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss or physical harm or to a need for immediate medical attention, the court may extend the temporary guardianship until a general or special guardian is appointed, but not for more than 30 days. The court shall limit the temporary guardian’s powers to those necessary to assist in the emergency.

      6.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

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ê1997 Statutes of Nevada, Page 1196ê

 

CHAPTER 316, SB 280

Senate Bill No. 280–Committee on Judiciary

CHAPTER 316

AN ACT relating to gaming; changing the fee charged to a disseminator of information concerning racing; providing that a disseminator who fails to report, pay or account for the fee is liable for a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 463.400 is hereby amended to read as follows:

      463.400  Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, [and 463.390,] 463.390 and 463.450, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.

      Sec. 2.  NRS 463.421 is hereby amended to read as follows:

      463.421  As used in NRS 463.421 to [463.427,] 463.480, inclusive, unless the context otherwise requires, the words and terms defined in NRS 463.4212 to 463.4218, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 463.450 is hereby amended to read as follows:

      463.450  1.  Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the commission a fee of [$10 per day for each day for each race book to which the supplier or disseminator furnishes such information in this state.] 4.25 percent of the total fees collected from users each calendar month for the dissemination of live broadcasts.

      2.  The commission shall collect the fee on or before the [10th] last day of each calendar month for the preceding calendar month.

      3.  If the amount of the fee required by this section to be reported and paid is determined to be different than the amount reported or paid by the licensee, the commission shall:

      (a) Charge and collect any additional fee determined to be due, with interest thereon until paid; or

      (b) Refund any overpaid fees to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest is computed at the rate prescribed in NRS 17.130 from the first day of the first calendar month following either the due date of the additional license fees or the date of overpayment until paid.


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ê1997 Statutes of Nevada, Page 1197 (Chapter 316, SB 280)ê

 

      4.  The commission shall remit all fees collected, less any fees refunded pursuant to subsection 3, to the state treasurer for deposit to the credit of the state general fund.

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

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CHAPTER 317, SB 423

Senate Bill No. 423–Committee on Taxation

CHAPTER 317

AN ACT relating to taxation; exempting computers and related equipment donated for use in schools from property tax; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To qualify for the exemption provided in paragraph (j) of subsection 1 of NRS 361.068, a taxpayer must donate the property through a foundation or organization, not for profit, that accepts such property for use in schools in this state. The foundation or organization shall issue a voucher identifying each item of property donated.

      2.  To obtain the benefit of the exemption, the taxpayer must apply to the county assessor and tender the voucher. The county assessor shall compute the assessed value of the property for the year in which the donation was made using the original cost and the year of acquisition.

      3.  The county assessor shall allow a credit of that amount against the personal property assessment for the year following the donation.

      Sec. 2.  NRS 361.068 is hereby amended to read as follows:

      361.068  1.  The following personal property is exempt from taxation:

      (a) Personal property held for sale by a merchant;

      (b) Personal property held for sale by a manufacturer;

      (c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;

      (d) Tangible personal property purchased by a business which will be consumed during the operation of the business;

      (e) Livestock;

      (f) Colonies of bees;

      (g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;

      (h) All boats; [and]

      (i) Slide-in campers and camper shells [.] ; and

      (j) Computers and related equipment donated for use in schools in this state.


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ê1997 Statutes of Nevada, Page 1198 (Chapter 317, SB 423)ê

 

      2.  As used in this section, “boat” includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      Sec. 3.  This act becomes effective on July 1, 1997, and expires by limitation on June 30, 2003.

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CHAPTER 318, SB 404

Senate Bill No. 404–Committee on Government Affairs

CHAPTER 318

AN ACT relating to county government; expanding the purposes for which an area or zone for the preservation of a habitat may be created in larger counties; decreasing the amount of the fee per acre of affected land authorized for the support of such an area or zone; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 244.386 is hereby amended to read as follows:

      244.386  1.  In a county whose population is 400,000 or more and in which exists a species or subspecies [of wildlife] that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, as amended, the board of county commissioners may by ordinance establish, control, manage and operate or provide money for the establishment, control, management and operation of an area or zone for the preservation of [wildlife habitat.] species or subspecies. In addition, the board, in cooperation with the responsible state and federal agencies, may encourage in any other manner the preservation of those species or subspecies or any [candidate species of wildlife] species or subspecies in the county [,] which have been determined by a committee, appointed by the board of county commissioners, to be likely to have a significant impact upon the economy and lifestyles of the residents of the county if listed as endangered or threatened, including the expenditure for this purpose of money collected pursuant to subsection 2 or the participation in an agreement made pursuant to NRS 503.589. The board may purchase, sell, exchange or lease real property, personal property, water rights, grazing permits and other interests in such property for this purpose [.] , pursuant to such reasonable regulations as the board may establish. If any such property, rights or other interests are purchased from a nonprofit organization, the board of county commissioners may reimburse the organization for its cost of acquisition, not to exceed its appraised value, and any interest, carrying costs, direct expenses and reasonable overhead charges.

      2.  The board of county commissioners may, by ordinance, impose a reasonable fee of not more than [$750] $550 per acre on the construction of a structure or the grading of land in the unincorporated areas of the county for the expense of carrying out the provisions of subsection 1. The fee must be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.


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ê1997 Statutes of Nevada, Page 1199 (Chapter 318, SB 404)ê

 

be collected at the same time and in the same manner as the fee for the issuance of a building permit collected pursuant to NRS 278.580.

      3.  If a fee is imposed pursuant to subsection 2, the board of county commissioners shall create an enterprise fund exclusively for fees collected pursuant to subsection 2. Any interest or other income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. The money in the fund may only be used to pay the actual direct costs of the program or programs established pursuant to subsection 1 . [for providing for the preservation of an endangered or threatened species or subspecies of wildlife or a candidate species of wildlife.

      4.  As used in this section, “candidate species of wildlife” means a species of wildlife for which a petition is pending before the Secretary of the Interior or the Secretary of Commerce to add the species, pursuant to 16 U.S.C. § 1533, to the list of endangered species or list of threatened species, if the Secretary of the Interior or the Secretary of Commerce:

      (a) Has published his finding that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted; and

      (b) Has not published:

             (1) His finding that the petitioned action is not warranted;

             (2) A final regulation to carry out his finding that the petitioned action is warranted; or

             (3) Notice of the withdrawal of a regulation to carry out his finding that the petitioned action is warranted.]

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

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CHAPTER 319, SB 412

Senate Bill No. 412–Senator Adler

CHAPTER 319

AN ACT relating to water conservancy districts; authorizing boards of directors of water conservancy districts and subdistricts in every county to levy and collect assessments for the accomplishment of irrigation, flood control, drainage, safety and health projects; authorizing certain local governments located in part or in whole within the Carson Water Subconservancy District to impose a tax on property for certain projects related to water; exempting the revenue derived from the tax levied upon property by the Carson Water Subconservancy District from limitations upon revenue from taxes ad valorem; expanding the authority of the Carson Water Subconservancy District to issue general and special obligations; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 541.160 is hereby amended to read as follows:

      541.160  In addition to the other means of providing revenue for such districts as provided in this chapter, the board may levy and collect taxes and special assessments for maintaining and operating those works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:

 


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ê1997 Statutes of Nevada, Page 1200 (Chapter 319, SB 412)ê

 

paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:

      1.  Class A. To levy and collect taxes upon all property within the district as provided in this chapter.

      2.  Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as provided in this chapter.

      3.  Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as provided in this chapter.

      4.  Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as provided in this chapter.

      5.  Class E. [In the case of any subdistrict located in a county whose population is 100,000 or more but less than 400,000, to] To levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.

      Sec. 2.  Section 10 of chapter 621, Statutes of Nevada 1989, at page 1408, is hereby amended to read as follows:

       Sec. 10.  1.  The Carson Water Subconservancy District is hereby expanded to include the urban area of Carson City. The assets and liabilities of the existing district become the assets and liabilities of the newly formed district on the effective date of this act.

       2.  The board of directors of the Carson Water Subconservancy District consists of nine members to be appointed as follows:

       (a) Two members who are residents of Carson City appointed by the board of supervisors of Carson City;

       (b) Two members who are residents of Lyon County appointed by the board of county commissioners of Lyon County; and

       (c) Five members who are residents of Douglas County, at least two of whom must represent agricultural interests in the county, appointed by the board of county commissioners of Douglas County.

No action may be taken by the board without the affirmative vote of at least [one member appointed pursuant to paragraph (a), one member appointed pursuant to paragraph (b), and three members appointed pursuant to paragraph (c).] six members.

       3.  The board of directors may levy a tax upon all taxable property within the Carson Water Subconservancy District at a rate of not more than 3 cents on each $100 of assessed valuation for carrying out the activities of the district. The tax must be collected in the manner provided in chapter 541 of NRS. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.

       4.  The board of directors may issue general or special obligations to carry out the activities of the district, including, without limitation, the acquisition of water rights and the acquisition, construction or completion of waterworks, facilities, flood control or drainage projects or other projects in accordance with NRS 350.500 to 350.720, inclusive.


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ê1997 Statutes of Nevada, Page 1201 (Chapter 319, SB 412)ê

 

inclusive. Any general obligations issued pursuant to this subsection must comply with the provisions of NRS 350.020. The provisions of NRS 541.340 to 541.370, inclusive, do not apply to obligations issued pursuant to this subsection.

       5.  The board of directors may pledge:

       (a) Any money received from the proceeds of the tax imposed pursuant to subsection 3;

       (b) The gross or net revenues derived from water rights, waterworks, facilities, flood control or drainage projects or other projects; and

       (c) The special assessments collected by the district for main-taining and operating waterworks, facilities, flood control or drainage projects and other projects,

for the payment of general or special obligations issued pursuant to subsection 4. For the purposes of subsection 3 of NRS 350.020 and NRS 350.500 to 350.720, inclusive, money pledged by the board pursuant to this subsection shall be deemed to be pledged revenue of the project.

       6.  The Carson Water Subconservancy District shall not acquire water rights, or other property for the purpose of obtaining the appurtenant water rights, through the exercise of the power of eminent domain.

       [5.] 7.  Carson City and each county located in part or in whole within the Carson Water Subconservancy District may establish a special district consisting of all or any portion of the land within the boundaries of the local government. The governing body of the local government is ex officio the board of directors of the district. Each special district may levy a tax upon all taxable property within its boundaries at a rate of not more than 7 cents on each $100 of assessed valuation. The tax must be collected in the same manner as other taxes ad valorem collected by the local government. The revenue from the tax must be used to allow the district to plan, construct, maintain and operate waterworks , facilities, flood control or drainage projects or other projects, and to obtain water and water rights for the benefit of the district. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax. Districts established pursuant to this subsection may enter into cooperative agreements pursuant to chapter 277 of NRS concerning the management of the waterworks or resources.

       8.  The Carson Water Subconservancy District may, for the payment of general or special obligations issued pursuant to subsection 4, pledge any money received from the proceeds of a tax imposed by a special district established pursuant to subsection 7 if:

       (a) The Carson Water Subconservancy District and the special district established pursuant to subsection 7 have entered into a cooperative agreement pursuant to chapter 277 of NRS; and


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ê1997 Statutes of Nevada, Page 1202 (Chapter 319, SB 412)ê

 

       (b) The cooperative agreement authorizes the Carson Water Subconservancy District to pledge the money received from the proceeds of that tax.

      Sec. 3.  Chapter 621, Statutes of Nevada 1989, at page 1409, is hereby amended by adding thereto a new section designated sec. 10.5, following sec. 10, to read as follows:

       Sec. 10.5.  1.  The board of supervisors of Carson City and the board of county commissioners of each county located in part or in whole within the Carson Water Subconservancy District may levy a tax upon all taxable property within its boundaries at a rate of not more than 7 cents on each $100 of assessed valuation for the acquisition, construction or completion of waterworks, facilities, flood control or drainage projects or other projects. The tax must be collected in the same manner as other taxes ad valorem collected by the local government. The limitations in chapter 354 of NRS upon revenue from taxes ad valorem do not apply to revenue received from a tax levied pursuant to this subsection.

       2.  The board of supervisors of Carson City and the board of county commissioners of each county located in part or in whole within the Carson Water Subconservancy District may issue general or special obligations to acquire, construct or complete waterworks, facilities, flood control or drainage projects or other projects in accordance with NRS 350.500 to 350.720, inclusive. Any general obligations issued pursuant to this subsection must comply with the provisions of NRS 350.020. The provisions of NRS 541.340 to 541.370, inclusive, do not apply to obligations issued pursuant to this subsection.

       3.  The board of supervisors of Carson City and the board of county commissioners of each county located in whole or in part within the Carson Water Subconservancy District may pledge:

       (a) Any money received from the proceeds of the tax imposed pursuant to subsection 1;

       (b) The gross or net revenues derived from waterworks, facilities, flood control or drainage projects or other projects; and

       (c) The special assessments collected by the local government for maintaining and operating waterworks, facilities, flood control or drainage projects or other projects,

for the payment of general or special obligations issued pursuant to subsection 2. For the purposes of subsection 3 of NRS 350.020 and NRS 350.500 to 350.720, inclusive, money pledged by the governing body of a local government pursuant to this subsection shall be deemed to be pledged revenue of the project.

      Sec. 4.  This act becomes effective on July 1, 1997.

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ê1997 Statutes of Nevada, Page 1203ê

 

CHAPTER 320, SB 419

Senate Bill No. 419–Senators Titus, Wiener, Adler, Coffin, James, Mathews, McGinness, Neal, Porter, Regan, Schneider, Shaffer and Washington

CHAPTER 320

AN ACT relating to mediation; requiring the establishment of a program in certain counties for mediation in cases that involve a determination of custody or visitation of a child; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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 a new section to read as follows:

      1.  In a county whose population is 400,000 or more, the district court shall establish by rule approved by the supreme court a program of mandatory mediation in cases that involve the custody or visitation of a child.

      2.  The program must:

      (a) Require the impartial mediation of the issues of custody and visitation and authorize the impartial mediation of any other nonfinancial issue deemed appropriate by the court.

      (b) Authorize the court to exclude a case from the program for good cause shown, including, but not limited to, a showing that:

             (1) There is a history of child abuse or domestic violence by one of the parties;

             (2) The parties are currently participating in private mediation; or

             (3) One of the parties resides outside of the jurisdiction of the court.

      (c) Provide standards for the training of the mediators assigned to cases, including, but not limited to:

             (1) Minimum educational requirements, which must not be restricted to any particular professional or educational training;

             (2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

             (3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

             (4) Minimum requirements for continuing education; and

             (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

      (d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the dispute was resolved.

      (e) Establish a sliding schedule of fees for participation in the program based on the ability of a party to pay.

      (f) Provide for the acceptance of gifts and grants offered in support of the program.

      (g) Allow the court to refer the parties to a private mediator.


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ê1997 Statutes of Nevada, Page 1204 (Chapter 320, SB 419)ê

 

      3.  The costs of the program must be paid from the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the county general fund.

      4.  The court shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before March 1 of each odd-numbered year that must include:

      (a) A summary of the number and types of cases mediated and resolved by the program during the previous biennium;

      (b) The fees collected by the program and any gifts or grants received by the court to support the program; and

      (c) Suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.

      5.  This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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CHAPTER 321, SB 459

Senate Bill No. 459–Committee on Finance

CHAPTER 321

AN ACT relating to administration of public health; transferring the responsibility for maintaining the state hygienic laboratory from the health division of the department of human resources to the University of Nevada School of Medicine; extending the prospective date for the reversion of an appropriation made the previous session for equipment for the state hygienic laboratory; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 439.240 is hereby amended to read as follows:

      439.240  1.  The [health division] University of Nevada School of Medicine shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

      2.  The purpose of the state hygienic laboratory is:

      (a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.

      (b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food [,] and clinical material.

      (c) To conduct research into the nature, cause, diagnosis and control of diseases.


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ê1997 Statutes of Nevada, Page 1205 (Chapter 321, SB 459)ê

 

      (d) To undertake such other technical and laboratory duties [as the state board of health may direct] as are in the [interests] interest of the [public health.] health of the general public.

      3.  The person in charge of the state hygienic laboratory [shall] , or his designee, must be a skilled bacteriologist . [, and shall]

      4.  The person in charge of the state hygienic laboratory may have such technical assistants as [may be appointed by the administrator with the approval of the director.

      4.] that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

      5.  Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars . [, in the discretion of the state board of health.]

      Sec. 2.  Section 1 of chapter 235, Statutes of Nevada 1995, at page 383, is hereby amended to read as follows:

       Section 1.  There is hereby appropriated from the state general fund to the [health division of the department of human resources] state hygienic laboratory the sum of $1,361,521 for various equipment.

      Sec. 3.  Section 2 of chapter 235, Statutes of Nevada 1995, at page 383, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1997,] 1998, 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 2 and 3 of this act become effective upon passage and approval or on June 29, 1997, whichever occurs earlier.

      2.  Section 1 of this act becomes effective on July 1, 1997.

________

 

CHAPTER 322, SB 465

Senate Bill No. 465–Committee on Taxation

CHAPTER 322

AN ACT relating to livestock; establishing a minimum rate of the annual special tax on specified classes of livestock; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 571.035 is hereby amended to read as follows:

      571.035  1.  Upon receipt of the reports from the committee for assessing livestock pursuant to NRS 575.180, the division shall fix the amount of the annual special tax on each head of the following specified classes of livestock, [and not exceeding] which must not exceed the following rates per head for each class:

 


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

ê1997 Statutes of Nevada, Page 1206 (Chapter 322, SB 465)ê

 

Class                                                                                                         Rate per head

 

Stock cattle......................................................................................................        $0.28

Dairy cattle......................................................................................................            .53

Horses..............................................................................................................            .75

Mules...............................................................................................................            .75

Burros or asses...............................................................................................            .75

Hogs and pigs................................................................................................            .07

Goats................................................................................................................            .06

 

      2.  As used in subsection 1:

      (a) “Dairy cattle” are bulls, cows and heifers of the dairy breeds [,] that are more than 6 months old.

      (b) “Stock cattle” are:

             (1) Steers of any breed and other weaned calves of the beef breeds [,] that are more than 6 months old; and

             (2) Bulls, cows and older heifers of the beef breeds.

      (c) The classes consisting of horses, mules, and burros and asses exclude animals that are less than 1 year old.

      3.  The division shall send notice of the annual special tax on each head of the specified classes of livestock to the county assessor or treasurer of each county on or before the first Monday in May of each year.

      4.  Notwithstanding the provisions of subsection 1, the minimum special tax due annually pursuant to this section from each owner of livestock is $5.

      5.  Upon the receipt of [any such] payment of the special tax and the report thereof by the state controller, the division shall credit the amount of the tax as paid on its records.

      [5.]6.  The special taxes paid by an owner of livestock, when transmitted to the state treasurer, must be deposited in the livestock inspection account.

      Sec. 2.  This act becomes effective on July 1, 1998.

________

 

CHAPTER 323, AB 67

Assembly Bill No. 67–Committee on Government Affairs

CHAPTER 323

AN ACT relating to sheriffs; increasing certain fees charged by sheriffs; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this state may charge and collect the following fees:


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

ê1997 Statutes of Nevada, Page 1207 (Chapter 323, AB 67)ê

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant..................................................................................... [$10]             $15

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile........................                   1

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking...........................................................................                   4

For a copy of any writ, process or other paper, when demanded or required by law, for each page........................................................................................                   2

For serving every rule or order............................................................ [8]               15

For serving one notice required by law before the commencement of a proceeding for any type of eviction......................................................................                 15

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice...........................................................................................                 12

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice...........................................................................................                 10

For serving 25 or more such notices to the same location, each notice                         9

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only........................................................................................                   1

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For serving a subpoena, for each witness summoned.................... [8]               15

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile             1

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons....................................... [5]               15

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper      [5]  15

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate.....................................................                   3

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof............................                 12

For serving a writ of possession or restitution, putting any person into possession entitled thereto..................................................................................... 15 For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile.....................................................................              1

 


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

ê1997 Statutes of Nevada, Page 1208 (Chapter 323, AB 67)ê

 

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile.                   1

For mailing a notice of a writ of execution..............................................                   1

 

The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

      6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the [5th] fifth working day of the month next succeeding the month in which the fees are collected.

________

 


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

ê1997 Statutes of Nevada, Page 1209ê

 

CHAPTER 324, AB 153

Assembly Bill No. 153–Committee on Government Affairs

CHAPTER 324

AN ACT relating to municipal obligations; revising the provisions governing special elections to approve general obligations proposed by municipalities; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.

      2.  [A] Such a special election may be held [only] :

      (a) At any time if the governing body of the municipality determines, by a unanimous vote, that an emergency exists [.] ; or

      (b) On the first Tuesday after the first Monday in June of an odd-numbered year.

The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any [unexpected] occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll.


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

ê1997 Statutes of Nevada, Page 1210 (Chapter 324, AB 153)ê

 

subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

      4.  A municipality may issue special or medium-term obligations without an election.

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

________

 

CHAPTER 325, AB 193

Assembly Bill No. 193–Committee on Judiciary

CHAPTER 325

AN ACT relating to courts; clarifying the type of cases for which a fee must be paid to the clerk of the supreme court; increasing certain fees that the clerk of the supreme court may collect; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 2.250 is hereby amended to read as follows:

      2.250  1.  The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:

      (a) [Whenever any appeal from the final judgment or any order of a district court] Except as otherwise provided in paragraph (c), whenever an appeal is taken to the supreme court, or whenever [any] a special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise [,] is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the [filing of the transcript on the] appeal, cross-appeal or petition [in] for a special proceeding [in the supreme court,] has been entered on the docket, pay to the clerk of the supreme court the sum of [$100, which payment is in full of all fees of the clerk of the supreme court in the action or special proceeding.] $200.

      (b) Except as otherwise provided in paragraph (c), a party to an appeal or special proceeding who petitions the supreme court for a rehearing shall, at the time of filing such a petition, pay to the clerk of the supreme court the sum of $100.

      (c) No fees may be charged by the clerk in [any] :

             (1) Any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official or representative capacity, against the state, county, city, town, officer or commission [.


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

ê1997 Statutes of Nevada, Page 1211 (Chapter 325, AB 193)ê

 

party in his or its official or representative capacity, against the state, county, city, town, officer or commission [.

      (c) In] ;

             (2)A habeas corpus [proceedings] proceeding of a criminal or quasi-criminal nature [no fees may be charged.

      (d)] ; or

             (3) An appeal taken from, or a special proceeding arising out of, a criminal proceeding.

      (d) A fee of [$30] $60 for supreme court decisions in pamphlet form for each [fiscal] year, or a fee of [$15] $30 for less than a 6 months’ supply of decisions, to be collected from [any] each person who requests such decisions except those persons and agencies [mentioned] set forth in NRS 2.345. The clerk may charge a reasonable fee to all parties, including, without limitation, the persons and agencies set forth in NRS 2.345, for access to decisions of the supreme court compiled in an electronic format.

      (e) A fee from [any] a person who requests [any] a photostatic copy or [any] a photocopy print of any paper or document in an amount [not to exceed the cost of copying the paper or document.] determined by the justices of the supreme court.

      2.  No other fees may be charged than those specially set forth in this section nor may fees be charged for [any other] services other than those [mentioned] set forth in this section.

      3.  The clerk of the supreme court shall keep [in his office] a fee book in which [he] the clerk shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection [.] in the office of the clerk.

      4.  The clerk of the supreme court shall publish and [set up] post in some conspicuous place in his office a [fee] table of fees for public inspection. [He] The clerk shall forfeit a sum of not [exceeding] less than $20 for each day of his omission to do so, which sum with costs may be recovered by any person by filing an action before any justice of the peace of the same county.

      5.  All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of [his] the fees which [may be] are due to him for services rendered [by him] in any suit or proceeding, [he] the clerk may have execution therefor in his own name against the party from whom they are due, to be issued from the supreme court upon order of a justice thereof or from the court upon affidavit filed.

      6.  The clerk of the supreme court shall give a receipt on demand of [any] the party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.

      7.  The clerk of the supreme court shall, when [he deposits] depositing with the state treasurer money received [by him] for court fees, render to the state treasurer a brief note of the cases in which the money was received.

________

 


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

ê1997 Statutes of Nevada, Page 1212ê

 

CHAPTER 326, AB 235

Assembly Bill No. 235–Committee on Ways and Means

CHAPTER 326

AN ACT making an appropriation to the contingency fund for allocation by the Interim Finance Committee to the Administrative Office of the Courts to conduct an assessment of the current automation of the court system; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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 contingency fund created pursuant to NRS 353.266 the sum of $224,145 for allocation by the Interim Finance Committee to the Administrative Office of the Courts to conduct a statewide assessment of the current automation of the court system in this state and an analysis of future needs.

      2.  Upon the request of the Administrative Office of the Courts, the Interim Finance Committee shall allocate an amount not to exceed the appropriation made by subsection 1 if the Administrative Office of the Courts submits an acceptable plan for conducting such an assessment and analysis, including, without limitation, the selection of a person or entity to conduct the assessment and analysis.

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

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 327, AB 577

Assembly Bill No. 577–Committee on Commerce

CHAPTER 327

AN ACT relating to actions for malpractice; revising provisions governing such actions; revising provisions governing screening panels for medical or dental malpractice claims; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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

 

      Section 1.  NRS 41A.033 is hereby amended to read as follows:

      41A.033  The division, through the commissioner of insurance:

      1.  Shall maintain a list of the names of the attorneys, physicians, dentists, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;

 


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

ê1997 Statutes of Nevada, Page 1213 (Chapter 327, AB 577)ê

 

management positions on the northern tentative screening panel and on the southern tentative screening panel;

      2.  Shall select the members of the screening panels;

      3.  Shall schedule the hearings for those panels;

      4.  Shall obtain, before or after the filing of the complaint, such health care records, dental records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel in connection with the claim;

      5.  Shall charge and collect a reasonable fee for copying materials produced under subpoena;

      6.  For good cause shown, may authorize [extensions of time for the filing of:

      (a) An answer, not to exceed 60 days;

      (b) A response, not to exceed 10 days; and

      (c) Continuances,] a continuance for the proceedings involving a screening panel; and

      7.  May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.

      Sec. 2.  NRS 41A.033 is hereby amended to read as follows:

      41A.033  The division, through the commissioner of insurance:

      1.  Shall maintain a list of the names of the attorneys, physicians, administrators of hospitals and persons employed by hospitals in management positions on the northern tentative screening panel and on the southern tentative screening panel;

      2.  Shall select the members of the screening panels;

      3.  Shall schedule the hearings for those panels;

      4.  Shall obtain, before or after the filing of the complaint, such health care records, statements of policy and procedure, and other materials as may be required by the parties or the screening panel in connection with the claim;

      5.  Shall charge and collect a reasonable fee for copying materials produced under subpoena;

      6.  For good cause shown, may authorize [extensions of time for the filing of:

      (a) An answer, not to exceed 60 days;

      (b) A response, not to exceed 10 days; and

      (c) Continuances,] a continuance for the proceedings involving a screening panel; and

      7.  May adopt such rules of practice and procedure as are necessary to carry out its duties pursuant to NRS 41A.003 to 41A.069, inclusive.

      Sec. 3.  NRS 41A.039 is hereby amended to read as follows:

      41A.039  1.  A claim of medical or dental malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.

      2.  The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical or dental malpractice. A screening panel may dismiss a complaint if the complaint is filed without an affidavit supporting the allegations of the complaint submitted by a medical expert.


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

ê1997 Statutes of Nevada, Page 1214 (Chapter 327, AB 577)ê

 

affidavit supporting the allegations of the complaint submitted by a medical expert.

      3.  The person against whom a complaint is made must, within [30] 90 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350. The division may authorize an extension of the time in which an answer must be filed only if all parties to the action stipulate to the extension.

      4.  If an answer is not timely filed with the division, the respondent who failed to file the answer may not participate in any conference held pursuant to NRS 41A.043.

      5.  The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within [21] 30 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.

      [5.]  The division may authorize an extension of the time in which a response may be filed only if all parties to the action stipulate to the extension.

      6.  Unless otherwise stipulated to by all the parties to the action, the division may not accept any answer or response that is not timely filed.

      7.  A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail [,] or by personal service, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.

      [6.] 8.  The fees provided by this section must not be charged or collected more than once:

      (a) From any party; or

      (b) For the filing of any complaint, regardless of the number of parties joined in the complaint.

      9.  If a person fails to pay any fee required by this section, the commissioner of insurance may refer the nonpayment to the office of the attorney general for collection of the fee and any costs incurred.

      Sec. 4.  NRS 41A.039 is hereby amended to read as follows:

      41A.039  1.  A claim of medical malpractice is properly presented to a screening panel by filing a complaint with the division. A fee of $350 must accompany the complaint.

      2.  The complaint must contain a clear and concise statement of the facts of the case, showing the persons involved and the dates and circumstances, so far as they are known, of the alleged medical malpractice. A screening panel may dismiss a complaint if the complaint is filed without an affidavit supporting the allegations of the complaint submitted by a medical expert.

      3.  The person against whom a complaint is made must, within [30] 90 days after receipt of the complaint, file an answer with the division, accompanied by a fee of $350. The division may authorize an extension of the time in which an answer must be filed only if all parties to the action stipulate to the extension.


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

ê1997 Statutes of Nevada, Page 1215 (Chapter 327, AB 577)ê

 

      4.  If an answer is not timely filed with the division, the respondent who failed to file the answer may not participate in any conference held pursuant to NRS 41A.043.

      5.  The claimant may respond only to the allegations of the answer or any accompanying affidavit by filing a written response with the division within [21] 30 days after he receives the answer. The panel shall disregard any portion of the response that does not address an allegation raised in the answer or an affidavit accompanying the answer. No fee may be charged or collected by the division for the filing of the response.

      [5.]  The division may authorize an extension of the time in which a response may be filed only if all parties to the action stipulate to the extension.

      6.  Unless otherwise stipulated to by all the parties to the action, the division may not accept any answer or response that is not timely filed.

      7.  A copy of any pleading required by this section to be filed with the division must be delivered by the party, by certified or registered mail [,] or by personal service, to each opposing party or, if he is represented in the proceedings by counsel, to his attorney.

      [6.] 8.  The fees provided by this section must not be charged or collected more than once:

      (a) From any party; or

      (b) For the filing of any complaint, regardless of the number of parties joined in the complaint.

      9.  If a person fails to pay any fee required by this section, the commissioner of insurance may refer the nonpayment to the office of the attorney general for collection of the fee and any costs incurred.

      Sec. 5.  NRS 41A.043 is hereby amended to read as follows:

      41A.043  1.  Within 35 days after the expiration of the time in which to answer the complaint of medical or dental malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

      2.  The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

      3.  Except as otherwise provided in this subsection, each party is entitled to not more than:

      (a) Three peremptory challenges from the list of attorneys in cases involving medical or dental malpractice;

      (b) Three peremptory challenges from the list of physicians in cases involving medical malpractice; and

      (c) Three peremptory challenges from the list of dentists in cases involving dental malpractice.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1.


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

ê1997 Statutes of Nevada, Page 1216 (Chapter 327, AB 577)ê

 

asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1. If several parties are represented by the same attorney, those parties shall be deemed to be one party for the purpose of determining the distribution of peremptory challenges.

      4.  In cases involving medical malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

      5.  In cases involving dental malpractice, the division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three dentists and three attorneys to serve on the screening panel for review of the claim.

      6.  The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list. The division shall not release or disclose to any person the names of the members selected.

      7.  If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, dentist, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association, the Nevada State Dental Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.

      Sec. 6.  NRS 41A.043 is hereby amended to read as follows:

      41A.043  1.  Within 35 days after the expiration of the time in which to answer the complaint of medical malpractice, the division shall hold a conference to resolve any issues as to challenges for cause. For good cause shown, the division may continue the conference once, for a period not to exceed 7 days. A party may challenge any person on the tentative screening panel for cause on any of the grounds provided by NRS 16.050 for the challenge of jurors.

      2.  The division shall determine whether cause exists to excuse any member of the tentative screening panel and shall notify each party of the excused members no later than the completion of the conference required by subsection 1.

      3.  Except as otherwise provided in this subsection, each party is entitled to not more than:

      (a) Three peremptory challenges from the list of attorneys; and

      (b) Three peremptory challenges from the list of physicians.

In any case in which there are two or more claimants or respondents, they are collectively entitled to not more than six peremptory challenges from the list of members selected for the tentative screening panel.


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

ê1997 Statutes of Nevada, Page 1217 (Chapter 327, AB 577)ê

 

list of members selected for the tentative screening panel. Each party asserting a peremptory challenge shall notify the division of the challenge at the conference required by subsection 1. If several parties are represented by the same attorney, those parties shall be deemed to be one party for the purpose of determining the distribution of peremptory challenges.

      4.  The division shall randomly select, from the list of members of the tentative screening panel who have not been excused for cause or by a peremptory challenge, the names of three physicians, three attorneys and, if a hospital is also named in the complaint, one administrator of a hospital or person employed by a hospital in a management position, to serve on the screening panel for review of a claim of medical malpractice, but the representative of a hospital may not vote on any claim before the screening panel.

      5.  The division shall notify the parties and the members selected to serve on the screening panel immediately after it has made the selections. If any member so selected declines to serve, the division shall immediately and randomly select a replacement from the list. The division shall not release or disclose to any person the names of the members selected.

      6.  If, because of the exercise of challenges for cause or peremptory challenges or any other reason, no attorney, physician or administrator of a hospital designated pursuant to NRS 41A.023 remains available to serve on the screening panel, the division shall immediately notify the Nevada Trial Lawyers Association, the Nevada State Medical Association or the Nevada Hospital Association, as appropriate, and that association shall immediately designate a replacement from among its members. No person who is not so designated may serve on the screening panel.

      Sec. 7.  NRS 41A.049 is hereby amended to read as follows:

      41A.049  1.  A claim must be heard by the screening panel within 30 days after the panel is selected.

      2.  The screening panel shall consider all the documentary material, including the complaint, answer and response, health care records, dental records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical or dental malpractice and that the claimant was injured thereby. Except for the issue of whether there is a reasonable probability of medical or dental malpractice and whether the claimant was injured thereby, the screening panel shall not consider any pleading or paper to the extent that it addresses a legal issue presented by the claim or a legal argument of a party. The screening panel shall not consider challenges concerning any relevant statute of limitation relating to a claim before the panel.

      3.  Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:

      (a) In cases involving medical malpractice:

             (1) The board of medical examiners; and

             (2) The county medical society of the county in which the alleged malpractice occurred.


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

ê1997 Statutes of Nevada, Page 1218 (Chapter 327, AB 577)ê

 

      (b) In cases involving dental malpractice, the board of dental examiners of Nevada.

      4.  The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.

      5.  The written findings must be based upon a vote of the members of the screening panel made by written ballot, must be rendered within 5 days after the review and must be in substantially the following form:

      (a) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we find that there is a reasonable probability of medical or dental malpractice and that the claimant was injured thereby;

      (b) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we find that there is no reasonable probability of medical or dental malpractice; or

      (c) Based upon a review of the materials submitted by the parties and the testimony of medical or other experts (if any were called) we are unable to reach a decision on the issue of medical or dental malpractice.

      6.  Whenever four members of the screening panel are unable to find that there is a reasonable probability of medical or dental malpractice and that the claimant was injured thereby or that there is no reasonable probability of medical or dental malpractice, the screening panel shall be deemed unable to reach a decision on the issue and shall make a finding to that effect.

      Sec. 8.  NRS 41A.049 is hereby amended to read as follows:

      41A.049  1.  A claim must be heard by the screening panel within 30 days after the panel is selected.

      2.  The screening panel shall consider all the documentary material, including the complaint, answer and response, health care records and records of a hospital or office and the testimony of any expert witnesses the panel considers necessary, and shall determine only, from that evidence, whether there is a reasonable probability that the acts complained of constitute medical malpractice and that the claimant was injured thereby. Except for the issue of whether there is a reasonable probability of medical malpractice and whether the claimant was injured thereby, the screening panel shall not consider any pleading or paper to the extent that it addresses a legal issue presented by the claim or a legal argument of a party. The screening panel shall not consider challenges concerning any relevant statute of limitation relating to a claim before the panel.

      3.  Copies of the original complaint and of the findings of the screening panel with regard to each matter considered by the panel must be forwarded to:

      (a) The board of medical examiners; and

      (b) The county medical society of the county in which the alleged malpractice occurred.

      4.  The commissioner of insurance shall mail to the parties a copy of the findings of the screening panel concerning the complaint.

      5.  The written findings must be based upon a vote of the members of the screening panel made by written ballot, must be rendered within 5 days after the review and must be in substantially the following form:


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

ê1997 Statutes of Nevada, Page 1219 (Chapter 327, AB 577)ê

 

      (a) Based upon a review of the materials submitted by the parties and the testimony of medical experts (if any were called) we find that there is a reasonable probability of medical malpractice and that the claimant was injured thereby;

      (b) Based upon a review of the materials submitted by the parties and the testimony of medical experts (if any were called) we find that there is no reasonable probability of medical malpractice; or

      (c) Based upon a review of the materials submitted by the parties and the testimony of medical experts (if any were called) we are unable to reach a decision on the issue of medical malpractice.

      6.  Whenever four members of the screening panel are unable to find that there is a reasonable probability of medical malpractice and that the claimant was injured thereby or that there is no reasonable probability of medical malpractice, the screening panel shall be deemed unable to reach a decision on the issue and shall make a finding to that effect.

      Sec. 9.  NRS 41A.100 is hereby amended to read as follows:

      41A.100  1.  Liability for personal injury or death is not imposed upon any provider of medical care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred is presented to demonstrate the alleged deviation from the accepted standard of care in the specific circumstances of the case and to prove causation of the alleged personal injury or death, except that such evidence is not required and a rebuttable presumption that the personal injury or death was caused by negligence arises where evidence is presented that the personal injury or death occurred in any one or more of the following circumstances:

      (a) A foreign substance other than medication or a prosthetic device was unintentionally left within the body of a patient following surgery;

      (b) An explosion or fire originating in a substance used in treatment occurred in the course of treatment;

      (c) An unintended burn caused by heat, radiation or chemicals was suffered in the course of medical care;

      (d) An injury was suffered during the course of treatment to a part of the body not directly involved in the treatment or proximate thereto; or

      (e) A surgical procedure was performed on the wrong patient or the wrong organ, limb or part of a patient’s body.

      2.  As used in this section, “provider of medical care” means a physician, dentist, registered nurse or a licensed hospital as the employer of any such person.

      Sec. 10.  NRS 41A.110 is hereby amended to read as follows:

      41A.110  A physician licensed to practice medicine under the provisions of chapter 630 of NRS , or a dentist licensed to practice dentistry under the provisions of chapter 631 of NRS, has conclusively obtained the consent of a patient for a medical , [or] surgical or dental procedure , as appropriate, if he has done the following:

      1.  Explained to the patient in general terms without specific details, the procedure to be undertaken;


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

ê1997 Statutes of Nevada, Page 1220 (Chapter 327, AB 577)ê

 

      2.  Explained to the patient alternative methods of treatment, if any, and their general nature;

      3.  Explained to the patient that there may be risks, together with the general nature and extent of the risks involved, without enumerating such risks; and

      4.  Obtained the signature of the patient to a statement containing an explanation of the procedure, alternative methods of treatment and risks involved, as provided in this section.

      Sec. 11.  NRS 41A.120 is hereby amended to read as follows:

      41A.120  In addition to the provisions of chapter 129 of NRS and any other instances in which a consent is implied or excused by law, a consent to any medical , [or] surgical or dental procedure will be implied if:

      1.  In competent medical judgment , the proposed medical , [or] surgical or dental procedure is reasonably necessary and any delay in performing such a procedure could reasonably be expected to result in death, disfigurement, impairment of faculties [,] or serious bodily harm; and

      2.  A person authorized to consent is not readily available.

      Sec. 12.  1.  This section and sections 1, 3, 5, 7, 9, 10 and 11 of this act become effective on October 1, 1997.

      2.  Sections 1, 3, 5, 7, 9, 10 and 11 of this act expire by limitation on July 1, 1999.

      3.  Sections 2, 4, 6 and 8 of this act become effective on July 1, 1999.

________

 

CHAPTER 328, SB 355

Senate Bill No. 355–Committee on Transportation

CHAPTER 328

AN ACT relating to motor vehicles; revising the definition of “resident” for the purposes of determining persons who are required to obtain a driver’s license; revising the requirements for the issuance of a driver’s license to an international student or instructor; revising the provisions governing fees related to commercial drivers’ licenses; and providing other matters properly relating thereto.

 

[Approved July 5, 1997]

 

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 set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Foreign exchange student” means a student:

      1.  Whose legal residence is not in the United States;

      2.  Who comes into this state to attend an educational institution for 1 school year; and

      3.  Who returns to his legal residence at the end of that school year.

      Sec. 3.  “International instructor” means a person:

      1.  Who is at least 18 years of age;

      2.  Whose legal residence is not in this state;

      3.  Who comes into this state to teach at an educational institution for an indefinite period; and


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

ê1997 Statutes of Nevada, Page 1221 (Chapter 328, SB 355)ê

 

      4.  Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver’s license or identification card.

      Sec. 4.  “International student” means a student:

      1.  Who is at least 18 years of age;

      2.  Whose legal residence is not in this state;

      3.  Who comes into this state to attend an educational institution for an indefinite period; and

      4.  Who may declare himself to be a resident of this state for the limited purpose of obtaining a driver’s license or identification card.

      Sec. 5.  1.  The department may issue a Nevada driver’s license to an international student or instructor who declares himself to be a resident of this state for the limited purpose of obtaining a driver’s license.

      2.  An application for a driver’s license pursuant to this section must be made on a form provided by the department.

      3.  A driver’s license issued pursuant to this section:

      (a) Expires on the first anniversary date of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. The license may be extended for an additional year, not to exceed 3 additional years:

             (1) If the licensee submits such proof as may be required by the department that he is an international student or instructor; and

             (2) Upon the payment of a fee for the extension that is established by the department in an amount necessary to cover the administrative expense of extending the license.

      (b) Must be renewed on the fourth anniversary date of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal.

      4.  No license may be issued pursuant to this section until the department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      Sec. 6.  NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 5 of this act, unless the context otherwise requires, the words and [phrases] terms defined in NRS 483.030 to 483.190, inclusive, and sections 2, 3 and 4 of this act, have the meanings [respectively] ascribed to them in those sections.

      Sec. 7.  NRS 483.115 is hereby amended to read as follows:

      483.115  “Out-of-state student” means a student [whose] :

      1.  Whose legal residence is not in this state [and who] ;

      2.  Who comes into [Nevada for the purpose of attending] this state to attend an educational institution [.] ; and

      3.  Who returns to his legal residence during the summer months.

      Sec. 8.  NRS 483.141 is hereby amended to read as follows:

      483.141  1.  “Resident” includes , but is not limited to , a person:

      (a) Whose legal residence is in the State of Nevada.


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

ê1997 Statutes of Nevada, Page 1222 (Chapter 328, SB 355)ê

 

      (b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this state, as the home state of such vehicles.

      (c) Who physically resides in this state and engages in a trade, profession, occupation or accepts gainful employment in this state.

      (d) Who declares himself to be a resident of [Nevada for purposes of obtaining] this state to obtain privileges not ordinarily extended to nonresidents of this state.

      2.  The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.

      3.  The provisions of this section do not apply to drivers of vehicles operated in this state under the provisions of NRS 706.801 to 706.861, inclusive, 482.385, 482.390 or 482.395.

      Sec. 9.  NRS 483.380 is hereby amended to read as follows:

      483.380  1.  [Every] Except as otherwise provided in section 5 of this act, every driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.

      2.  Every license is renewable at any time before its expiration upon application and payment of the required fee.

      3.  The department may, by regulation, defer the expiration of the driver’s license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

      Sec. 10.  NRS 483.910 is hereby amended to read as follows:

      483.910  1.  The department shall charge and collect the following fees:

 

For an original commercial driver’s license which requires the department to administer a [knowledge test and a] driving skills test.........................................           $84

For an original commercial driver’s license which [requires] does not require the department to administer a [knowledge] driving skills test.............             54

For renewal of a commercial driver’s license which requires the department to administer a driving skills test...............................................................             84

For renewal of a commercial driver’s license which does not require the department to administer a driving skills test............................................................... 54 For reinstatement of a commercial driver’s license [which requires the department to administer a knowledge test and a driving skills test] after suspension [, revocation, cancellation or disqualification] or revocation of the license for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R.


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

ê1997 Statutes of Nevada, Page 1223 (Chapter 328, SB 355)ê

 

For reinstatement of a commercial driver’s license [which requires the department to administer a knowledge test and a driving skills test] after suspension [, revocation, cancellation or disqualification] or revocation of the license for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)..........             84

For reinstatement of a commercial driver’s license [which requires the department to administer a knowledge test] after suspension, revocation, cancellation or disqualification of the license , except a suspension or revocation for a violation of NRS 484.379 or 484.3795, or pursuant to NRS 484.384 and 484.385, or pursuant to 49 C.F.R. § 383.51(b)(2)(i) or (ii)................................             54

For the transfer of a commercial driver’s license from another jurisdiction , which requires the department to administer a [knowledge test and a] driving skills test....................................................................................................................             84

For the transfer of a commercial driver’s license from another jurisdiction , which [requires] does not require the department to administer a [knowledge] driving skills test..................................................................................................             54

For a duplicate commercial driver’s license...............................................             19

For any change of information on a commercial driver’s license...........               9

For each endorsement added after the issuance of an original commercial driver’s license [which does not require the department to administer a driving skills test]....................................................................................................................             14

For [each endorsement added after the issuance of an original commercial driver’s license which requires the department to administer] the administration of a driving skills test to change any information on, or add an endorsement to, an existing commercial driver’s license...................................................             30

 

      2.  The department shall charge and collect an annual fee of $555 from each person who is authorized by the department to administer a driving skills test pursuant to NRS 483.912.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      5.  The increase in fees authorized in NRS 483.347 must be paid in addition to the fees charged pursuant to this section.

________

 


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

ê1997 Statutes of Nevada, Page 1224ê

 

CHAPTER 329, AB 433

Assembly Bill No. 433–Committee on Ways and Means

CHAPTER 329

AN ACT making appropriations to the Division of Child and Family Services of the Department of Human Resources; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $983,936 for unanticipated shortfalls in revenue for the Youth Community Services. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1388.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $547,500 to contract for the purchase of secure residential correctional placements in the community for youths.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1998, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 330, AB 361

Assembly Bill No. 361–Assemblyman Amodei

CHAPTER 330

AN ACT relating to eminent domain; limiting the exercise of the power of eminent domain by persons who are not public agencies; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, only a public agency may exercise the power of eminent domain pursuant to the provisions of this chapter.

      2.  The power of eminent domain may be exercised by a person who is not a public agency pursuant to NRS 37.230 and subsections 6, 8, 10, 13 and 16 of NRS 37.010.


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

ê1997 Statutes of Nevada, Page 1225 (Chapter 330, AB 361)ê

 

      3.  As used in this section, “public agency” means an agency or political subdivision of this state or the United States.

________

 

CHAPTER 331, AB 342

Assembly Bill No. 342–Assemblymen Berman, de Braga, Williams, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Arberry, Segerblom, Carpenter, Tiffany, Hickey, Manendo, Krenzer, Evans, Hettrick, Ernaut, Chowning, Collins, Mortenson, Braunlin, Lambert and Koivisto

CHAPTER 331

AN ACT relating to electronic supervision; providing a penalty for certain violations of conditions of electronic supervision; clarifying the penalty for certain felons who are on residential confinement and are absent without authorization; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

is guilty of a gross misdemeanor.

      2.  A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and who:

      (a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or

      (b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,

is guilty of a misdemeanor.

      3.  In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.

      4.  A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.

      Sec. 2.  NRS 213.400 is hereby amended to read as follows:

      213.400  1.  If an offender is absent, without authorization, from his residence, employment, treatment or other activity authorized by the division [:


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

ê1997 Statutes of Nevada, Page 1226 (Chapter 331, AB 342)ê

 

      1.  He] , he shall be deemed an escaped prisoner [;] and shall be punished as provided in NRS 212.090.

      2.  The chief parole and probation officer may issue a warrant for [his arrest. A peace officer shall execute] the arrest of the offender. The warrant must be executed by a peace officer in the same manner as ordinary criminal process.

      Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 4.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

________

 

CHAPTER 332, AB 560

Assembly Bill No. 560–Committee on Ways and Means

CHAPTER 332

AN ACT relating to elected state officers; increasing the salaries of certain constitutional officers; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 223.050 is hereby amended to read as follows:

      223.050  Until the first Monday in January [1991,] 1999, the governor is entitled to receive an annual salary of [$77,500.] $90,000. From and after the first Monday in January [1991,] 1999, the governor is entitled to receive an annual salary of [$90,000.] $117,000.

      Sec. 2.  NRS 224.050 is hereby amended to read as follows:

      224.050  1.  Until the first Monday in January [1991,] 1999, the lieutenant governor is entitled to receive an annual salary of [$12,500.] $20,000. From and after the first Monday in January [1991,] 1999, the lieutenant governor is entitled to receive an annual salary of [$20,000.] $50,000.

      2.  In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the legislature.

      3.  In addition to the salary provided in subsections 1 and 2, the lieutenant governor is entitled to receive $130 for each day on which he is actually employed as governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.

      Sec. 3.  NRS 225.050 is hereby amended to read as follows:

      225.050  Until the first Monday in January [1991,] 1999, the secretary of state is entitled to receive an annual salary of [$50,500.] $62,500. From and after the first Monday in January [1991,] 1999, the secretary of state is entitled to receive an annual salary of [$62,500.]


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

ê1997 Statutes of Nevada, Page 1227 (Chapter 332, AB 560)ê

 

and after the first Monday in January [1991,] 1999, the secretary of state is entitled to receive an annual salary of [$62,500.] $80,000.

      Sec. 4.  NRS 226.090 is hereby amended to read as follows:

      226.090  Until the first Monday in January [1991,] 1999, the state treasurer is entitled to receive an annual salary of [$49,000.] $62,500. From and after the first Monday in January [1991,] 1999, the state treasurer is entitled to receive an annual salary of [$62,500.] $80,000.

      Sec. 5.  NRS 227.060 is hereby amended to read as follows:

      227.060  Until the first Monday in January [1991,] 1999, the state controller is entitled to receive an annual salary of [$49,000.] $62,500. From and after the first Monday in January [1991,] 1999, the state controller is entitled to receive an annual salary of [$62,500.] $80,000.

      Sec. 6.  NRS 228.070 is hereby amended to read as follows:

      228.070  1.  Until the first Monday in January [1991,] 1999, the attorney general is entitled to receive an annual salary of [$62,500.] $85,000. From and after the first Monday in January [1991,] 1999, the attorney general is entitled to receive an annual salary of [$85,000.] $110,000.

      2.  Except as otherwise provided in NRS 7.065, the attorney general shall not engage in the private practice of law.

________

 

CHAPTER 333, AB 469

Assembly Bill No. 469–Assemblymen Tiffany, Williams, Marvel, Close, Humke, Hickey, Carpenter, Segerblom, Neighbors, Berman, Buckley, Hettrick, Ernaut, Evans, Giunchigliani and Arberry

CHAPTER 333

AN ACT relating to education; requiring the department of education to establish a statewide automated system of information concerning pupils; requiring the boards of trustees of school districts to adopt programs for the statewide automated system of information concerning pupils; requiring the department of education, school districts and public schools to comply with certain provisions of federal law governing the release of certain information concerning pupils; creating an advisory committee for the statewide automated system of information concerning pupils; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3.  1.  The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state to account for the pupils who are enrolled in the public schools.

      2.  The board of trustees of each school district shall:


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

ê1997 Statutes of Nevada, Page 1228 (Chapter 333, AB 469)ê

 

      (a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of section 1.7 of this act.

      3.  The superintendent of public instruction shall:

      (a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2;

      (b) Prescribe the format for the data;

      (c) Prescribe the date by which each school district shall report the data;

      (d) Provide technical assistance to each school district to ensure that the data from each school in the district is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and

      (e) Provide for the analysis and reporting of the data in the statewide automated system of information.

      Sec. 1.7.  1.  The department, the school districts and the public schools shall, in operating the statewide automated system of information established pursuant to section 1.3 of this act, comply with the provisions of:

      (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

      (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

      3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g.

      4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.


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

ê1997 Statutes of Nevada, Page 1229 (Chapter 333, AB 469)ê

 

      5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $12,710,354 for the development of a statewide automated system of information concerning pupils pursuant to section 1 of this act.

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

      Sec. 3.  The appropriation made by section 2 of this act must be used in accordance with the programs established by each school district for the statewide automated system of information concerning pupils pursuant to section 1 of this act in the following manner:

      1.  A sum not to exceed $1,700,218 may be used by the department of education for:

      (a) Any contractual services which are necessary to plan, install, maintain and evaluate hardware and software and provide technical assistance for the statewide automated system of information concerning pupils; and

      (b) The payment of per diem and travel expenses pursuant to subsection 3 of section 4 of this act.

      2.  The remaining balance of the appropriation must be distributed by the department of education to each school district in this state for the purchase of hardware, networking and software for information relating to pupils, and training and other related services that are nonrecurring, including, without limitation, assistance in the integration of the statewide automated system of information concerning pupils. To receive money pursuant to this subsection, the board of trustees of a school district shall enter into a written agreement with the department of education. The written agreement must prescribe the duties of the school district and the department of education in establishing and maintaining the statewide automated system of information concerning pupils as set forth in the school district’s plan for educational technology developed pursuant to subsection 2 of section 1.3 of this act. A school district that receives money pursuant to this subsection shall not use the money to:

      (a) Settle or arbitrate disputes or negotiate settlements between an organization that represents employees of the school district and the school district; or

      (b) Adjust the schedules of salaries and benefits of the employees of the school district, excluding any overtime costs incurred by an employee of the school district while working on the establishment and maintenance of the statewide automated system of information.

      Sec. 4.  1.  There is hereby created an advisory committee for the statewide automated system of information concerning pupils. The advisory committee consists of:

      (a) Representatives of school districts. The board of trustees of each school district shall each appoint one representative.


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

ê1997 Statutes of Nevada, Page 1230 (Chapter 333, AB 469)ê

 

      (b) Two representatives of the state board of education, appointed by the president of the board.

      (c) One representative of the budget division of the department of administration, appointed by the chief of the budget division.

      (d) Two members of the legislature. One of the members must be appointed by the majority leader of the senate and one of the members must be appointed by the speaker of the assembly.

      2.  The term of each member of the advisory committee commences on August 1, 1997, and expires on June 30, 1999.

      3.  The members of the advisory committee serve without compensation, except that for each day or portion of a day during which a member of the advisory committee attends a meeting of the advisory committee or is otherwise engaged in the work of the advisory committee, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  The superintendent of public instruction shall hold at least eight meetings with the advisory committee and during those meetings report to and consider any suggestions of the advisory committee concerning the establishment and maintenance of the statewide automated system of information concerning pupils.

      Sec. 5.  1.  The superintendent of public instruction shall report semiannually during the 1997-1999 biennium to the interim finance committee concerning the expenditures described in section 3 of this act.

      2.  The department of education shall, on or before February 15, 1999, report to the 70th session of the Nevada Legislature on all expenditures of money appropriated pursuant to section 2 of this act.

      Sec. 6.  For the purposes of carrying out the provisions of this act, the department of education is not subject to the provisions of chapter 233F or 242 of NRS.

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

      Sec. 8.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1231ê

 

CHAPTER 334, AB 587

Assembly Bill No. 587–Committee on Ways and Means

CHAPTER 334

AN ACT making a supplemental appropriation to the Nevada Athletic Commission for unexpected operating expenses and salaries; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Nevada Athletic Commission the sum of $5,802 for unexpected operating expenses and salaries. This appropriation is supplemental to that made by section 23 of chapter 446, Statutes of Nevada 1995, at page 1390.

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

________

 

CHAPTER 335, AB 510

Assembly Bill No. 510–Committee on Ways and Means

CHAPTER 335

AN ACT relating to public employment; increasing the per diem for state officers and employees; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 281.160 is hereby amended to read as follows:

      281.160  1.  Except as otherwise provided in subsection 2 or 5, or by specific statute, any district judge, state officer, state employee or member of an advisory board supported in whole or in part by any public money, whether the public money is received from the Federal Government or any branch or agency thereof, or from private or any other sources, is entitled to receive his expenses in the transaction of public business outside of the municipality or other area in which his principal office is located, to be paid at the rate of [$64] $69 for each 24-hour period during which he is away from the office and within the state, and [$26] $27 in addition to a reasonable room rate for each 24-hour period during which he is outside of the state.

      2.  Any person enumerated in subsection 1 is entitled to receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners conforming generally to those rates.

      3.  Any person enumerated in subsection 1 is entitled to receive an allowance for transportation in the transaction of public business, whether within or outside of the municipality or other area in which his principal office is located. Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles and special use vehicles.


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

ê1997 Statutes of Nevada, Page 1232 (Chapter 335, AB 510)ê

 

state-owned automobiles and special use vehicles. The state board of examiners, on or before July 1 of each year, shall establish the rate of the allowance for travel by private conveyance. The rate must equal the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax that is in effect at the time the annual rate is established. If a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is one-half the established rate.

      4.  The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or outside of the municipality or other area in which his principal office is located. The allowance must be established at rates higher than the rates established in subsection 3.

      5.  The state board of examiners may establish [reasonable] :

      (a) A room rate in excess of the normal allowance for reimbursement of employees who are required to travel on weekends to serve the needs of the public. The board may require the submission of receipts as a condition of reimbursement at the special rate.

      (b) Reasonable rates for expenses outside of the United States that will allow a person to purchase the same quality of food as the domestic rate allows.

      6.  The state board of examiners shall adopt regulations, and shall require other state agencies to adopt regulations, in accordance with the purpose of this section, and a state agency may, with the approval of the state board of examiners, adopt a rate of reimbursement less than the amounts specified in subsection 1 where unusual circumstances make that rate desirable.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 336, AB 533

Assembly Bill No. 533–Committee on Ways and Means

CHAPTER 336

AN ACT relating to prisons; permitting the director of the department of prisons to authorize the transfer of funds from the offenders’ store fund in certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 209.221 is hereby amended to read as follows:

      209.221  1.  The offenders’ store fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders’ store fund.

      2.  The director shall:

      (a) Keep, or cause to be kept, a full and accurate account of the fund;


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

ê1997 Statutes of Nevada, Page 1233 (Chapter 336, AB 533)ê

 

      (b) Submit reports to the board relative to money in the fund as may be required from time to time; and

      (c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.

      3.  Except as otherwise provided in subsections 4 [and 5,] , 5 and 6, money in the offenders’ store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

      4.  If necessary to cover a shortfall of money in the prisoners’ personal property fund, the director may, after obtaining the approval of the interim finance committee, authorize the state controller to transfer money from the offenders’ store fund to the prisoners’ personal property fund, and the state controller shall make the transfer.

      5.  If an offender has insufficient money in his individual account in the prisoners’ personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the director shall authorize the state controller to transfer sufficient money from the offenders’ store fund to the appropriate account in the state general fund to pay costs remaining unpaid, and the state controller shall make the transfer. Any money so transferred must be accounted for separately. The director shall cause the offenders’ store fund to be reimbursed from the offender’s individual account in the prisoners’ personal property fund, as money becomes available.

      6.  If the department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the director may authorize the state controller to transfer money from the offenders’ store fund to the appropriate account in the state general fund to repay or defray those costs if:

      (a) The director has reason to believe that an offender caused the damage, destruction, loss or injury; and

      (b) The identity of the offender is unknown or cannot be determined by the director with reasonable certainty.

The state controller shall make the transfer if authorized by the director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the director shall cause the offenders’ store fund to be reimbursed from the offender’s individual account in the prisoners’ personal property fund, as money becomes available.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 


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

ê1997 Statutes of Nevada, Page 1234ê

 

CHAPTER 337, AB 550

Assembly Bill No. 550–Committee on Ways and Means

CHAPTER 337

AN ACT relating to state financial administration; extending the prospective date for the reversion of the appropriation made during the previous session to the Department of Education for the development and implementation of a computer system for the licensing of teachers and other educational personnel; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Section 2 of chapter 564, Statutes of Nevada 1995, at page 1941, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, [1997,] 1999, 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 or on June 29, 1997, whichever occurs earlier.

________

 

CHAPTER 338, AB 264

Assembly Bill No. 264–Committee on Ways and Means

CHAPTER 338

AN ACT making an appropriation to the Division of Child and Family Services of the Department of Human Resources for equipment and supplies for the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $436,046 for equipment and supplies for the Southern Nevada Child and Adolescent Services Juvenile Treatment Facility.

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

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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

ê1997 Statutes of Nevada, Page 1235ê

 

CHAPTER 339, AB 248

Assembly Bill No. 248–Assemblyman Hettrick

CHAPTER 339

AN ACT relating to employment; providing immunity from civil liability in certain circumstances for an employer who discloses certain information regarding an employee or former employee to a prospective employer of that employee or former employee; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an employer who, at the request of an employee, discloses information regarding:

      (a) The ability of the employee to perform his job;

      (b) The diligence, skill or reliability with which the employee carried out the duties of his job; or

      (c) An illegal or wrongful act committed by the employee,

to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences.

      2.  An employer is not immune from civil liability for a disclosure made pursuant to subsection 1 or for the consequences of a disclosure made pursuant to subsection 1 if the employer:

      (a) Acted with malice or ill will;

      (b) Disclosed information that he believed was inaccurate;

      (c) Disclosed information which he had no reasonable grounds for believing was accurate;

      (d) Recklessly or intentionally disclosed inaccurate information;

      (e) Deliberately disclosed misleading information; or

      (f) Disclosed information in violation of a state or federal law or in violation of an agreement with the employee.

      3.  As used in this section:

      (a) “Employee” means a person who currently renders or previously rendered time and services to an employer.

      (b) “Employer” includes an employee or agent of an employer who is authorized by the employer to disclose information regarding an employee.

________

 


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

ê1997 Statutes of Nevada, Page 1236ê

 

CHAPTER 340, AB 13

Assembly Bill No. 13–Committee on Health and Human Services

CHAPTER 340

AN ACT relating to state welfare administration; requiring the department of human resources to contract only with certain health maintenance organizations to provide Medicaid managed care; requiring the department of human resources to include the University of Nevada School of Medicine in the development and implementation of any Medicaid managed care program; making a technical change replacing the term “assistance to the medically indigent” with “Medicaid” to make the references to Medicaid consistent throughout the Nevada Revised Statutes; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      Sec. 3.  1.  For any Medicaid managed care program established in the State of Nevada, the department shall contract only with a health maintenance organization that has:

      (a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

      (b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and

      (c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.

Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

      2.  During the development and implementation of any Medicaid managed care program, the department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.

      3.  The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.

      4.  For the purposes of this section:

      (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.


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

ê1997 Statutes of Nevada, Page 1237 (Chapter 340, AB 13)ê

 

      Sec. 4.  NRS 422.001 is hereby amended to read as follows:

      422.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.005 to 422.055, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 422.050 is hereby amended to read as follows:

      422.050  “Public assistance” includes:

      1.  State supplementary assistance;

      2.  Aid to families with dependent children;

      3.  [Assistance to the medically indigent;] Medicaid;

      4.  Food stamp assistance;

      5.  Low-income home energy assistance;

      6.  Low-income weatherization assistance; and

      7.  Benefits provided pursuant to any other public welfare program administered by the welfare division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter.

      Sec. 6.  NRS 422.054 is hereby amended to read as follows:

      422.054  “Undivided estate” means all assets included in the estate of a deceased recipient of [assistance to the medically indigent] Medicaid and any other assets in or to which he had an interest or legal title at the time of his death, to the extent of that interest or title. The term includes assets passing by reason of joint tenancy, reserved life estate, survivorship or trust, and any of the decedent’s separate property and his interest in community property that was transferred to a community spouse pursuant to NRS 123.259 or pursuant to an order of a district court under any other provision of law.

      Sec. 7.  NRS 422.153 is hereby amended to read as follows:

      422.153  1.  The medical care advisory group consists of the state health officer and:

      (a) A person who:

             (1) Holds a license to practice medicine in this state; and

             (2) Is certified by the board of medical examiners in a medical specialty.

      (b) A person who holds a license to practice dentistry in this state.

      (c) A person who holds a certificate of registration as a pharmacist in this state.

      (d) A member of a profession in the field of health care who is familiar with the needs of persons of low income, the resources required for their care and the availability of those resources.

      (e) An administrator of a hospital or a clinic for health care.

      (f) An administrator of a facility for intermediate care or a facility for skilled nursing.

      (g) A member of an organized group that provides assistance, representation or other support to recipients of [assistance to the medically indigent.] Medicaid.

      (h) A recipient of [assistance to the medically indigent.] Medicaid.

      2.  The director shall appoint each member required by paragraphs (a) to (h), inclusive, of subsection 1 to serve for a term of 1 year.

      3.  Members of the medical care advisory group serve without compensation, except that while engaged in the business of the advisory group, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.


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

ê1997 Statutes of Nevada, Page 1238 (Chapter 340, AB 13)ê

 

group, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 8.  NRS 422.215 is hereby amended to read as follows:

      422.215  1.  The administrator or his designated representative may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the welfare division at a designated time and place and the production of books, papers and records relative to:

      (a) Eligibility or continued eligibility for public assistance; and

      (b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the state plan for [assistance to the medically indigent.] Medicaid.

      2.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, the district court of the county in which the investigation is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books, papers and records as required by the subpoena.

      Sec. 9.  NRS 422.2345 is hereby amended to read as follows:

      422.2345  1.  The administrator shall:

      (a) Promptly comply with a request from the unit for access to and free copies of any records or other information in the possession of the welfare division regarding a provider;

      (b) Refer to the unit all cases in which he suspects that a provider has committed an offense under NRS 422.540, 422.550, 422.560 or 422.570; and

      (c) Suspend or exclude a provider who he determines has committed an offense under NRS 422.540, 422.550, 422.560 or 422.570 from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.

      2.  As used in this section:

      (a) “Provider” means a person who has applied to participate or who participates in the state plan for [assistance to the medically indigent] Medicaid as the provider of goods or services.

      (b) “Unit” means the Medicaid fraud control unit established in the office of the attorney general pursuant to NRS 228.410.

      Sec. 10.  NRS 422.236 is hereby amended to read as follows:

      422.236  1.  As part of the health and welfare programs of this state, the welfare division may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this state.

      2.  The welfare division shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for [assistance to the medically indigent] Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.

      3.  The welfare division shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the program for prenatal care as the administrator and the board deem necessary.


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

ê1997 Statutes of Nevada, Page 1239 (Chapter 340, AB 13)ê

 

development and administration of the program for prenatal care as the administrator and the board deem necessary.

      Sec. 11.  NRS 422.270 is hereby amended to read as follows:

      422.270  The department through the welfare division shall:

      1.  Except as otherwise provided in NRS 432.010 to 432.085, inclusive, administer all public welfare programs of this state, including:

      (a) State supplementary assistance;

      (b) Aid to families with dependent children;

      (c) [Assistance to the medically indigent;] Medicaid;

      (d) Food stamp assistance;

      (e) Low-income home energy assistance;

      (f) Low-income weatherization assistance;

      (g) The program for the enforcement of child support; and

      (h) Other welfare activities and services provided for by the laws of this state.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive.

      4.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.

      5.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.

      6.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

      Sec. 12.  NRS 422.285 is hereby amended to read as follows:

      422.285  The department , [of human resources,] through the welfare division, may reimburse directly, under the state plan for [assistance to the medically indigent,] Medicaid, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.

      Sec. 13.  NRS 422.293 is hereby amended to read as follows:

      422.293  1.  When a recipient of [assistance to the medically indigent] Medicaid incurs an illness or injury for which medical services are payable under the state plan and which is incurred under circumstances creating a legal liability in some person other than the recipient or the welfare division to pay all or part of the costs of such services, the division is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.


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

ê1997 Statutes of Nevada, Page 1240 (Chapter 340, AB 13)ê

 

legal liability in some person other than the recipient or the welfare division to pay all or part of the costs of such services, the division is subrogated to the right of the recipient to the extent of all such costs and may join or intervene in any action by the recipient or his successors in interest to enforce such legal liability.

      2.  If a recipient or his successors in interest fail or refuse to commence an action to enforce the legal liability, the welfare division may commence an independent action, after notice to the recipient or his successors in interest, to recover all costs to which it is entitled. In any such action by the division, the recipient or his successors in interest may be joined as third-party defendants.

      3.  In any case where the welfare division is subrogated to the rights of the recipient or his successors in interest as provided in subsection 1, the division has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection 5, at such time as:

      (a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, his successors in interest or his attorney; and

      (b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.

No such lien is enforceable unless written notice is first given to the person against whom the lien is asserted.

      4.  The recipient or his successors in interest shall notify the welfare division in writing before entering any settlement agreement or commencing any action to enforce the legal liability referred to in subsection 1. Except if extraordinary circumstances exist, a person who fails to comply with the provisions of this subsection shall be deemed to have waived any consideration by the administrator of a reduction of the amount of the lien pursuant to subsection 5 and shall pay to the division all costs to which it is entitled and its court costs and attorney’s fees.

      5.  If the welfare division receives notice pursuant to subsection 4, the administrator may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.

      6.  The attorney of a recipient:

      (a) Shall not condition the amount of attorney’s fees or impose additional attorney’s fees based on whether a reduction of the lien is authorized by the administrator pursuant to subsection 5.

      (b) Shall reduce the amount of the fees charged the recipient for services provided by the amount the attorney receives from the reduction of a lien authorized by the administrator pursuant to subsection 5.

      Sec. 14.  NRS 422.2935 is hereby amended to read as follows:

      422.2935  1.  Except as otherwise provided in this section, the welfare division shall, to the extent it is not prohibited by federal law and when circumstances allow:

      (a) Recover benefits correctly paid for [assistance to the medically indigent] Medicaid from:


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ê1997 Statutes of Nevada, Page 1241 (Chapter 340, AB 13)ê

 

             (1) The undivided estate of the person who received those benefits; and

             (2) Any recipient of money or property from the undivided estate of the person who received those benefits.

      (b) Recover from the recipient of [assistance to the medically indigent] Medicaid or the person who signed the application for [assistance to the medically indigent] Medicaid on behalf of the recipient an amount not to exceed the benefits incorrectly paid to the recipient if the person who signed the application:

             (1) Failed to report any required information to the welfare division which he knew at the time he signed the application; or

             (2) Failed within the period allowed by the welfare division to report any required information to the welfare division which he obtained after he filed the application.

      2.  The welfare division shall not recover benefits pursuant to paragraph (a) of subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      3.  Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of [assistance to the medically indigent] Medicaid is made for less than fair market value, the welfare division may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.

      4.  The amount of [assistance to the medically indigent] Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age or is blind or permanently and totally disabled.

      5.  The administrator may elect not to file a claim against the estate of a recipient of [assistance to the medically indigent] Medicaid or his spouse if he determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The board shall adopt regulations defining the circumstances that constitute an undue hardship.

      6.  Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.

      7.  An action to recover money owed to the department of human resources as a result of the payment of benefits for [assistance to the medically indigent] Medicaid must be commenced within 6 months after the cause of action accrues. A cause of action accrues after all of the following events have occurred:

      (a) The death of the recipient of [the assistance to the medically indigent;] Medicaid;

      (b) The death of the surviving spouse of the recipient of [the assistance to the medically indigent;] Medicaid;


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ê1997 Statutes of Nevada, Page 1242 (Chapter 340, AB 13)ê

 

      (c) The death of all children of the recipient of [the assistance to the medically indigent] Medicaid who are blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; and

      (d) The arrival of all other children of the recipient of [the assistance to the medically indigent] Medicaid at the age of 21 years.

      Sec. 15.  NRS 422.29355 is hereby amended to read as follows:

      422.29355  1.  The welfare division may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of [assistance to the medically indigent] Medicaid as follows:

      (a) The welfare division may obtain a lien against a recipient’s property, both real or personal, before or after his death in the amount of assistance paid or to be paid on his behalf if the court determines that assistance was incorrectly paid for the recipient.

      (b) The welfare division may seek a lien against the real property of a recipient at any age before his death in the amount of assistance paid or to be paid for him if he is an inpatient in a nursing facility, intermediate care facility for the mentally retarded or other medical institution and the welfare division determines, after notice and opportunity for a hearing in accordance with its regulations, that he cannot reasonably be expected to be discharged and return home.

      2.  No lien may be placed on a recipient’s home for assistance correctly paid if:

      (a) His spouse;

      (b) His child who is under 21 years of age or blind or permanently and totally disabled as determined in accordance with 42 U.S.C. § 1382c; or

      (c) His brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,

is lawfully residing in the home.

      3.  Upon the death of a recipient the welfare division may seek a lien upon his undivided estate as defined in NRS 422.054.

      4.  The state welfare administrator shall release a lien pursuant to this section:

      (a) Upon notice by the recipient or his representative to the administrator that the recipient has been discharged from the medical institution and has returned home;

      (b) If the lien was incorrectly determined; or

      (c) Upon satisfaction of the welfare division’s claim.

      Sec. 16.  NRS 422.2936 is hereby amended to read as follows:

      422.2936  Each application for [assistance to the medically indigent] Medicaid must include:

      1.  A statement that any assistance paid to a recipient may be recovered in an action filed against the estate of the recipient or his spouse; and

      2.  A statement that any person who signs an application for [assistance to the medically indigent] Medicaid and fails to report:

      (a) Any required information to the welfare division which he knew at the time he signed the application; or


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ê1997 Statutes of Nevada, Page 1243 (Chapter 340, AB 13)ê

 

      (b) Within the period allowed by the welfare division, any required information to the welfare division which he obtained after he filed the application,

may be personally liable for any money incorrectly paid to the recipient.

      Sec. 17.  NRS 422.2993 is hereby amended to read as follows:

      422.2993  1.  Except as otherwise provided in NRS 228.410 and 422.2345 and subsection 2 of this section, any information obtained by the welfare division in an investigation of a provider of services under the state plan for [assistance to the medically indigent] Medicaid is confidential.

      2.  The information presented as evidence at a hearing:

      (a) To enforce the provisions of NRS 422.450 to 422.580, inclusive; or

      (b) To review an action by the welfare division against a provider of services under the state plan for [assistance to the medically indigent,] Medicaid,

is not confidential, except for the identity of any recipient of the assistance.

      Sec. 18.  NRS 422.2997 is hereby amended to read as follows:

      422.2997  1.  Upon receipt of a request for a hearing from a provider of services under the state plan for [assistance to the medically indigent,] Medicaid, the welfare division shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the welfare division who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.

      2.  The welfare division shall adopt regulations prescribing the procedures to be followed at the hearing.

      3.  The decision of the hearing officer is a final decision. Any party, including the welfare division, who is aggrieved by the decision of the hearing officer may appeal that decision to the district court. The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the welfare division;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      Sec. 19.  NRS 422.364 is hereby amended to read as follows:

      422.364  “Plan” means the state plan for [the medically indigent] Medicaid established pursuant to NRS 422.237.

      Sec. 20.  NRS 422.380 is hereby amended to read as follows:

      422.380  As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:


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ê1997 Statutes of Nevada, Page 1244 (Chapter 340, AB 13)ê

 

      1.  “Hospital” has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.

      2.  [“Medicaid” has the meaning ascribed to it in NRS 439B.120.

      3.]  “Public hospital” means:

      (a) A hospital owned by a state or local government, including, without limitation, a hospital district; or

      (b) A hospital that is supported in whole or in part by tax revenue, other than tax revenue received for medical care which is provided to Medicaid patients, indigent patients or other low-income patients.

      Sec. 21.  NRS 422.385 is hereby amended to read as follows:

      422.385  1.  The allocations and payments required pursuant to NRS 422.387 must be made, to the extent allowed by the state plan for [assistance to the medically indigent,] Medicaid, from the Medicaid budget account.

      2.  The money in the intergovernmental transfer account must be transferred from that account to the Medicaid budget account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the account exceeds the amount authorized for expenditure by the department for the purposes specified in NRS 422.387, the department is authorized to expend the additional revenue in accordance with the provisions of the state plan for [assistance to the medically indigent.] Medicaid.

      Sec. 22.  NRS 422.387 is hereby amended to read as follows:

      422.387  1.  Before making the payments required or authorized by this section, the department shall allocate money for the administrative costs necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive. The amount allocated for administrative costs must not exceed the amount authorized for expenditure by the legislature for this purpose in a fiscal year. The interim finance committee may adjust the amount allowed for administrative costs.

      2.  The state plan for [assistance to the medically indigent] Medicaid must provide:

      (a) For the payment of the maximum amount allowable under federal law and regulations after making a payment, if any, pursuant to paragraph (b), to public hospitals for treating a disproportionate share of Medicaid patients, indigent patients or other low-income patients, unless such payments are subsequently limited by federal law or regulation.

      (b) For a payment in an amount approved by the legislature to the private hospital that provides the largest volume of medical care to Medicaid patients, indigent patients or other low-income patients in a county that does not have a public hospital.

The plan must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and Title XIX of the Social Security Act (42 U.S.C. §§ 1396, et seq.), and the regulations adopted pursuant to those provisions.

      3.  The department may amend the state plan for [assistance to the medically indigent] Medicaid to modify the methodology for establishing the rates of payment to public hospitals for inpatient services, except that such amendments must not reduce the total reimbursements to public hospitals for such services.


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ê1997 Statutes of Nevada, Page 1245 (Chapter 340, AB 13)ê

 

such amendments must not reduce the total reimbursements to public hospitals for such services.

      Sec. 23.  NRS 422.480 is hereby amended to read as follows:

      422.480  “Plan” means the state plan for [assistance to the medically indigent] Medicaid established pursuant to NRS 422.237.

      Sec. 24.  NRS 426A.060 is hereby amended to read as follows:

      426A.060  1.  The advisory committee on traumatic brain injuries, consisting of 11 members, is hereby created.

      2.  The director shall appoint to the committee:

      (a) One member who is an employee of the rehabilitation division of the department.

      (b) One member who is an employee of the welfare division of the department of human resources and participates in the administration of the state program providing [assistance to the medically indigent.] Medicaid.

      (c) One member who is a licensed insurer in this state.

      (d) One member who represents the interests of educators in this state.

      (e) One member who is a person professionally qualified in the field of psychiatric mental health.

      (f) Two members who are employees of private providers of rehabilitative health care located in this state.

      (g) One member who represents persons who operate community-based programs for head injuries in this state.

      (h) One member who represents hospitals in this state.

      (i) Two members who represent the recipients of health care in this state.

      3.  After the initial appointments, each member of the committee serves a term of 3 years.

      4.  The committee shall elect one of its members to serve as chairman.

      5.  Members of the committee serve without compensation and are not entitled to receive the per diem allowance or travel expenses provided for state officers and employees generally.

      6.  The committee may:

      (a) Make recommendations to the director relating to the establishment and operation of any program for persons with traumatic brain injuries.

      (b) Make recommendations to the director concerning proposed legislation relating to traumatic brain injuries.

      (c) Collect information relating to traumatic brain injuries.

      7.  The committee shall prepare a report of its activities and recommendations each year and submit a copy to the:

      (a) Director;

      (b) Legislative committee on health care; and

      (c) Legislative commission.

      8.  As used in this section:

      (a) “Director” means the director of the department.

      (b) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.


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ê1997 Statutes of Nevada, Page 1246 (Chapter 340, AB 13)ê

 

      Sec. 25.  NRS 428.030 is hereby amended to read as follows:

      428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, and complies with any requirements imposed pursuant to NRS 428.040, he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      2.  The board of county commissioners of the county of residence of indigent inpatients shall pay hospitals for the costs of treating those indigent inpatients and any nonresident indigent inpatients who fall sick in the county an amount which is not less than the payment required for providing the same treatment to patients pursuant to the state plan for [assistance to the medically indigent,] Medicaid within the limits of money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      3.  The board of county commissioners may:

      (a) Make contracts for the necessary maintenance of indigent persons;

      (b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of indigent persons;

      (c) Authorize the payment of cash grants directly to indigent persons for their necessary maintenance; or

      (d) Provide for the necessary maintenance of indigent persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).

      4.  A hospital may contract with the department of human resources to obtain the services of a state employee to be assigned to the hospital to evaluate the eligibility of patients applying for indigent status. Payment for those services must be made by the hospital.

      Sec. 26.  NRS 428.090 is hereby amended to read as follows:

      428.090  1.  When a nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners or by NRS 439B.310, if applicable, falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

      2.  If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial or cremation.

      3.  Except as otherwise provided in NRS 422.382, the board of county commissioners shall make such allowance for the person’s board, nursing, medical aid, burial or cremation as the board deems just and equitable, and order it paid out of the county treasury.

      4.  The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent provided in NRS 422.382 and to the extent of the amount of money or the value of services provided by:

 


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ê1997 Statutes of Nevada, Page 1247 (Chapter 340, AB 13)ê

 

to the extent provided in NRS 422.382 and to the extent of the amount of money or the value of services provided by:

      (a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for [assistance to the medically indigent;] Medicaid; and

      (b) The fund for hospital care to indigent persons under the provisions of NRS 428.115 to 428.255, inclusive.

      Sec. 27.  NRS 108.850 is hereby amended to read as follows:

      108.850  1.  A petition to the district court for the imposition of a lien as described and limited in NRS 422.29355 to recover money owed to the department of human resources as a result of payment of benefits for [assistance to the medically indigent] Medicaid must set forth:

      (a) The facts concerning the giving of assistance;

      (b) The name and address of the person who is receiving or who received the benefits for [assistance to the medically indigent;] Medicaid;

      (c) A description of the property, sufficient for identification, and its estimated value;

      (d) The names, ages, residences and relationship of all persons who are claiming an interest in the property or who are listed as having any interest in the property, so far as known to the petitioner; and

      (e) An itemized list of the amount owed to the department of human resources as a result of payment of benefits for [assistance to the medically indigent.] Medicaid.

      2.  No defect of form or in the statement of facts actually existing voids the petition for the lien.

      Sec. 28.  NRS 108.860 is hereby amended to read as follows:

      108.860  1.  A petition for the imposition of a lien must be signed by or on behalf of the state welfare administrator or the attorney general and filed with the clerk of the court, who shall set the petition for hearing.

      2.  Notice of a petition for the imposition of a lien must be given by registered or certified mail, postage prepaid, at least 10 days before the date set for hearing or other action by the court. Each such notice must be addressed to the intended recipient at his last address known to the administrator, receipt for delivery requested. The administrator shall cause the notice to be published, at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons claiming any interest in the property of the filing of the petition, the object and the location, date and time of the hearing.

      3.  Notice of a petition for the imposition of a lien must be given to:

      (a) Each person who has requested notice;

      (b) The person who is receiving or has received benefits for [assistance to the medically indigent;] Medicaid;

      (c) The legal guardian or representative of a person who is receiving or has received [benefits for assistance to the medically indigent,] Medicaid, if any;

      (d) Each executor, administrator or trustee of the estate of a decedent who received benefits for [assistance to the medically indigent,] Medicaid, if any;


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ê1997 Statutes of Nevada, Page 1248 (Chapter 340, AB 13)ê

 

      (e) The heirs of such a decedent known to the administrator; and

      (f) Each person who is claiming any interest in the property or who is listed as having any interest in the subject property,

and must state the filing of the petition, the object, and the time set for hearing.

      4.  At the time appointed, or at any other time to which the hearing may be continued, upon proof being made by affidavit or otherwise to the satisfaction of the court that notice has been given as required by this chapter, the court shall proceed to hear the testimony in support of the petition. Each witness who appears and is sworn shall testify orally.

      5.  The court shall make findings as to the appropriateness of the lien and the amount of the lien.

      6.  At the time of the filing of the petition for imposition of a lien the administrator shall file a notice of pendency of the action in the manner provided in NRS 14.010.

      7.  Upon imposition of the lien by the court, the administrator shall serve the notice of lien upon the owner by certified or registered mail and file it with the office of the county recorder of each county where real property subject to the lien is located.

      8.  The notice of lien must contain:

      (a) The amount due;

      (b) The name of the owner of record of the property; and

      (c) A description of the property sufficient for identification.

      9.  If the amount due as stated in the notice of lien is reduced by a payment, the administrator shall amend the notice of lien, stating the amount then due, within 20 days after receiving the payment.

      Sec. 29.  NRS 108.870 is hereby amended to read as follows:

      108.870  The state welfare administrator may, to the extent not prohibited by 42 U.S.C. § 1396p(b), foreclose upon a lien for money owed to the department of human resources as a result of the payment of benefits for [assistance to the medically indigent] Medicaid by action in the district court in the same manner as for foreclosure of any other lien.

      Sec. 30.  NRS 123.259 is hereby amended to read as follows:

      123.259  1.  Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a husband and wife pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.

      2.  The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless modified pursuant to subsection 4 or 5, the court may divide the income and resources:

      (a) Equally between the spouses; or

      (b) By protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).


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ê1997 Statutes of Nevada, Page 1249 (Chapter 340, AB 13)ê

 

      4.  If either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.

      5.  If either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.

      6.  A copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the state welfare administrator when any application for medical assistance is made by or on behalf of an institutionalized spouse. He may intervene no later than 45 days after receipt by the welfare division of the department of human resources of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.

      7.  A person may enter into a written agreement with his spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.

      8.  An agreement entered into or decree entered pursuant to this section may not be binding on the welfare division of the department of human resources in making determinations under the state plan for [assistance to the medically indigent.] Medicaid.

      9.  As used in this section, “community spouse” and “institutionalized spouse” have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h).

      Sec. 31.  NRS 146.070 is hereby amended to read as follows:

      146.070  1.  When a person dies leaving an estate, the gross value of which after deducting any encumbrances does not exceed $25,000, and there is a surviving spouse or minor child or minor children of the deceased, the estate must not be administered upon, but the whole thereof, after directing such payments as may be deemed just, must be, by an order for that purpose, assigned and set apart for the support of the surviving spouse or minor children, or for the support of the minor child or minor children, if there is no surviving spouse. Even though there is a surviving spouse, the court may, after directing such payments, set aside the whole of the estate to the minor child or minor children, if it is in their best interests.


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ê1997 Statutes of Nevada, Page 1250 (Chapter 340, AB 13)ê

 

      2.  When there is no surviving spouse or minor child of the deceased and the gross value of a decedent’s estate, after deducting any encumbrances, does not exceed $25,000, upon good cause shown therefor, the judge may order that the estate must not be administered upon but the whole thereof must be assigned and set apart:

      First: To the payment of funeral expenses, expenses of last illness, money owed to the department of human resources as a result of payment of benefits for [assistance to the medically indigent,] Medicaid, and creditors, if there are any; and

      Second: Any balance remaining to the claimant or claimants entitled thereto.

      3.  All proceedings taken under this section, whether or not the decedent left a will, must be originated by a verified petition containing:

      (a) A specific description of all of the decedent’s property.

      (b) A list of all the liens and encumbrances of record at the date of his death.

      (c) An estimate of the value of the property.

      (d) A statement of the debts of the decedent so far as known to the petitioner.

      (e) The names, ages and residences of the decedent’s heirs, devisees and legatees.

The petition may include a prayer that if the court finds the gross value of the estate, less encumbrances, does not exceed $25,000, the estate be set aside as provided in this section.

      4.  The petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs, devisees and legatees and to the welfare division of the department of human resources. The notice must include a statement that a prayer for setting aside the estate to the spouse, or minor child or minor children, as the case may be, is included in the petition.

      5.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.

      6.  If the court finds that the gross value of the estate, less encumbrances, does not exceed the sum of $25,000, the court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to the guardian, with or without bond as in the discretion of the court seems to be in the best interests of the minor. The court may direct the manner in which the money may be used for the benefit of the minor.

      Sec. 32.  NRS 146.080 is hereby amended to read as follows:

      146.080  1.  When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the gross value of the decedent’s property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $10,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing that relationship to the decedent, if that person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, or the welfare division of the department of human resources, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.


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

ê1997 Statutes of Nevada, Page 1251 (Chapter 340, AB 13)ê

 

relationship to the decedent, if that person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, or the welfare division of the department of human resources, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidences transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) That the decedent was a resident of Nevada at the time of his death;

      (c) That the gross value of the decedent’s property in this state, except amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $10,000, and that the property does not include any real property nor interest therein nor lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent;

      (e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses and money owed to the department of human resources as a result of the payment of benefits for [assistance to the medically indigent,] Medicaid have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying his claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 10 days have elapsed since the notice was served or mailed; and

      (i) That the affiant is personally entitled, or the department of human resources is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property.

      3.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property he receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property he receives is held by him in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon such information, and if he relies in good faith, he is immune from civil liability for actions based on that reliance.


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

ê1997 Statutes of Nevada, Page 1252 (Chapter 340, AB 13)ê

 

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of ownership or registration to personal property shall issue a new certificate of ownership or registration to the person claiming to succeed to ownership of the property.

      6.  If any property of the estate not exceeding $10,000 is located in a state which requires an order of a court for the transfer of the property, or if it consists of stocks or bonds which must be transferred by an agent outside this state, any person qualified under the provisions of subsection 1 to have the stocks or bonds or other property transferred to him may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a verified petition in a court of competent jurisdiction containing:

      (a) A specific description of all of the property of the decedent.

      (b) A list of all the liens and encumbrances of record at the date of the decedent’s death.

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages and residences of the decedent’s heirs and legatees.

      (e) A prayer requesting the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed $10,000.

If the court finds that the gross value of the estate does not exceed $10,000 and the person requesting the transfer is entitled to it, the court may issue an order directing the transfer.

      Sec. 33.  NRS 150.220 is hereby amended to read as follows:

      150.220  The debts and charges of the estate must be paid in the following order:

      1.  Funeral expenses.

      2.  The expenses of the last sickness.

      3.  Family allowance.

      4.  Debts having preference by laws of the United States.

      5.  Money owed to the department of human resources as a result of the payment of benefits for [assistance to the medically indigent.] Medicaid.

      6.  Wages to the extent of $600, of each employee of the decedent, for work done or personal services rendered within 3 months before the death of the employer. If there is not sufficient money with which to pay all such labor claims in full, the money available must be distributed among the claimants in accordance with the amounts of their respective claims.

      7.  Judgments rendered against the deceased in his lifetime, and mortgages in order of their date. The preference given to a mortgage must only extend to the proceeds of the property mortgaged. If the proceeds of such property are insufficient to pay the mortgage, the part remaining unsatisfied must be classed with other demands against the estate.

      8.  All other demands against the estate.


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

ê1997 Statutes of Nevada, Page 1253 (Chapter 340, AB 13)ê

 

      Sec. 34.  NRS 150.230 is hereby amended to read as follows:

      150.230  1.  The executor or administrator shall, as soon as he has sufficient funds in his hands, upon receipt of a sworn statement of the amount due and without any formal action upon creditors’ claims, pay the funeral expenses, the expenses of the last sickness, the allowance made to the family of the deceased, money owed to the department of human resources as a result of payment of benefits for [assistance to the medically indigent] Medicaid and wage claims to the extent of $600 of each employee of the decedent for work done or personal services rendered within 3 months before the death of the employer; but he may retain in his hands the necessary expenses of administration.

      2.  He is not obliged to pay any other debt or any legacy until the payment is ordered by the court.

      3.  He may, before court approval or order, pay any of the decedent’s debts amounting to $100 or less if:

      (a) Claims for payment thereof are properly filed in the proceedings;

      (b) The debts are justly due; and

      (c) The estate is solvent.

In settling the account of the estate, the court shall allow any such payment if the conditions of paragraphs (a), (b) and (c) have been met; otherwise, the executor or administrator is personally liable to any person sustaining loss or damage as a result of such payment.

      4.  Funeral expenses and expenses of a last sickness are debts payable out of the estate of the deceased spouse and must not be charged to the community share of a surviving spouse, whether or not the surviving spouse is financially able to pay such expenses and whether or not the surviving spouse or any other person is also liable therefor.

      Sec. 35.  NRS 228.410 is hereby amended to read as follows:

      228.410  1.  The attorney general has primary jurisdiction to investigate and prosecute violations of NRS 422.540 to 422.570, inclusive, and any fraud in the administration of the plan or in the provision of medical assistance. The provisions of this section notwithstanding, the welfare division of the department of human resources shall enforce the plan and any administrative regulations adopted pursuant thereto.

      2.  For this purpose, he shall establish within his office the Medicaid fraud control unit. The unit must consist of a group of qualified persons, including, without limitation, an attorney, an auditor and an investigator who, to the extent practicable, has expertise in nursing, medicine and the administration of medical facilities.

      3.  The attorney general, acting through the unit established pursuant to subsection 2:

      (a) Is the single state agency responsible for the investigation and prosecution of violations of NRS 422.540 to 422.570, inclusive;

      (b) Shall review reports of abuse or criminal neglect of patients in medical facilities which receive payments under the plan and, when appropriate, investigate and prosecute the persons responsible;

      (c) May review and investigate reports of misappropriation of money from the personal resources of patients in medical facilities which receive payments under the plan and, when appropriate, prosecute the persons responsible;

 


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

ê1997 Statutes of Nevada, Page 1254 (Chapter 340, AB 13)ê

 

payments under the plan and, when appropriate, prosecute the persons responsible;

      (d) Shall cooperate with federal investigators and prosecutors in coordinating state and federal investigations and prosecutions involving fraud in the provision or administration of medical assistance pursuant to the plan, and provide those federal officers with any information in his possession regarding such an investigation or prosecution; and

      (e) Shall protect the privacy of patients and establish procedures to prevent the misuse of information obtained in carrying out this section.

      4.  When acting pursuant to NRS 228.175 or this section, the attorney general may commence his investigation and file a criminal action without leave of court, and he has exclusive charge of the conduct of the prosecution.

      5.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (b) “Plan” means the state plan for [the medically indigent] Medicaid established pursuant to NRS 422.237.

      Sec. 36.  NRS 441A.220 is hereby amended to read as follows:

      441A.220  All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease, or by any person who has a communicable disease, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except as follows:

      1.  For statistical purposes, provided that the identity of the person is not discernible from the information disclosed.

      2.  In a prosecution for a violation of this chapter.

      3.  In a proceeding for an injunction brought pursuant to this chapter.

      4.  In reporting the actual or suspected abuse or neglect of a child or elderly person.

      5.  To any person who has a medical need to know the information for his own protection or for the well-being of a patient or dependent person, as determined by the health authority in accordance with regulations of the board.

      6.  If the person who is the subject of the information consents in writing to the disclosure.

      7.  Pursuant to subsection 2 of NRS 441A.320.

      8.  If the disclosure is made to the welfare division of the department of human resources and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or an illness related to the human immunodeficiency virus and is a recipient of or an applicant for [assistance to the medically indigent.] Medicaid.

      9.  To a fireman, police officer or person providing emergency medical services if the board has determined that the information relates to a communicable disease significantly related to that occupation. The information must be disclosed in the manner prescribed by the board.

      10.  If the disclosure is authorized or required by specific statute.


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

ê1997 Statutes of Nevada, Page 1255 (Chapter 340, AB 13)ê

 

      Sec. 37.  NRS 442.1192 is hereby amended to read as follows:

      442.1192  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.

      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.] Medicaid.

      Sec. 38.  NRS 422.008 is hereby repealed.

      Sec. 39.  1.  This act becomes effective on July 1, 1997.

      2.  Section 31 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 341, SB 13

Senate Bill No. 13–Senator Raggio

CHAPTER 341

AN ACT relating to actions concerning persons; providing that a person who transmits certain items of electronic mail is liable to the recipient for civil damages under certain circumstances; providing that the district court may enjoin a person from transmitting certain items of electronic mail under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.


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

ê1997 Statutes of Nevada, Page 1256 (Chapter 341, SB 13)ê

 

      Sec. 3.  “Advertisement” means material that:

      1.  Advertises for commercial purposes the availability or the quality of real property, goods or services; or

      2.  Is otherwise designed or intended to solicit a person to purchase real property, goods or services.

      Sec. 4.  “Electronic mail” means a message, a file or other information that is transmitted through a local, regional or global network, regardless of whether the message, file or other information is:

      1.  Viewed;

      2.  Stored for retrieval at a later time;

      3.  Printed onto paper or other similar material; or

      4.  Filtered or screened by a computer program that is designed or intended to filter or screen items of electronic mail.

      Sec. 5.  “Network” means a network comprised of one or more computers that may be accessed by a modem, electronic or optical technology or other similar means.

      Sec. 6.  “Recipient” means a person who receives an item of electronic mail.

      Sec. 7.  1.  Except as otherwise provided in section 8 of this act, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless:

      (a) The person has a preexisting business or personal relationship with the recipient;

      (b) The recipient has expressly consented to receive the item of electronic mail from the person; or

      (c) The advertisement is readily identifiable as promotional, or contains a statement providing that it is an advertisement, and clearly and conspicuously provides:

             (1) The legal name, complete street address and electronic mail address of the person transmitting the electronic mail; and

             (2) A notice that the recipient may decline to receive additional electronic mail that includes an advertisement from the person transmitting the electronic mail and the procedures for declining such electronic mail.

      2.  If a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person:

      (a) Actual damages or damages of $10 per item of electronic mail received, whichever is greater; and

      (b) Attorney’s fees and costs.

      3.  In addition to any other recovery that is allowed pursuant to subsection 2, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement.

      Sec. 8.  1.  If a person provides users with access to a network and, as part of that service, transmits items of electronic mail on behalf of those users, the person is immune from liability for civil damages pursuant to sections 2 to 8, inclusive, of this act, unless the person transmits an item of electronic mail that includes an advertisement he prepared or caused to be prepared.


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

ê1997 Statutes of Nevada, Page 1257 (Chapter 341, SB 13)ê

 

electronic mail that includes an advertisement he prepared or caused to be prepared.

      2.  The provisions of sections 2 to 8, inclusive, of this act do not apply to an item of electronic mail that is obtained by a recipient voluntarily. This subsection includes, but is not limited to, an item of electronic mail that is obtained by a recipient voluntarily from an electronic bulletin board.

      Sec. 9.  This act becomes effective on July 1, 1998.

________

 

CHAPTER 342, AB 626

Assembly Bill No. 626–Committee on Commerce

CHAPTER 342

AN ACT relating to health care; making various changes concerning the prescribing, selling, furnishing and fitting of contact lenses; authorizing a registered nurse certified in oncology to dispense drugs under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 630.375 is hereby amended to read as follows:

      630.375  1.  The form for any prescription which is issued for an ophthalmic lens by an ophthalmologist in this state must contain lines or boxes in substantially the following form:

 

Approved for contact lenses.................................................................. _________

Not approved for contact lenses............................................................ _________

 

      2.  The prescribing ophthalmologist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.

      3.  If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.

      4.  The initial fitting of a contact lens must be performed by:

      (a) A dispensing optician licensed pursuant to NRS 637.122; or

      (b) An ophthalmologist or optometrist licensed in this state.

      Sec. 2.  NRS 636.022 is hereby amended to read as follows:

      636.022  “Prescription” means a written direction from a licensed optometrist to [prepare] :

      1.  Prepare an ophthalmic lens for a patient [.] ; or

      2.  Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.

      Sec. 3.  NRS 636.387 is hereby amended to read as follows:

      636.387  1.  The form for any prescription which is issued for an ophthalmic lens by an optometrist in this state must contain lines or boxes in substantially the following form:

 


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

ê1997 Statutes of Nevada, Page 1258 (Chapter 342, AB 626)ê

 

Approved for contact lenses................................................................ __________

Not approved for contact lenses.......................................................... __________

 

      2.  The prescribing optometrist shall mark or check one of the lines or boxes required by subsection 1 each time such a prescription is issued by him.

      3.  If the prescription is for a contact lens, the form must set forth the expiration date of the prescription, the number of refills approved for the patient and such other information as is necessary for the prescription to be filled properly.

      4.  The initial fitting of a contact lens must be performed by:

      (a) A dispensing optician licensed pursuant to NRS 637.122; or

      (b) An ophthalmologist or optometrist licensed in this state.

      Sec. 4.  NRS 637.0235 is hereby amended to read as follows:

      637.0235  “Prescription” means a direction from a licensed prescriber to [prepare] :

      1.  Prepare therapeutic or corrective lenses [.] ; or

      2.  Dispense a prepackaged contact lens that does not require any adjustment, modification or fitting.

      Sec. 5.  NRS 637.200 is hereby amended to read as follows:

      637.200  The following acts constitute misdemeanors:

      1.  The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.

      2.  Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.

      3.  Furnishing or advertising the furnishing of the services of a refractionist, optometrist, [or] physician or surgeon.

      4.  Changing the prescription of a lens without an order from a person licensed to issue such a prescription.

      5.  Filling a prescription for a contact lens in violation of the expiration date or number of refills specified by the prescription.

      6.  Violating any provision of this chapter.

      Sec. 6.  NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell [,] or dispense , or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed , any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he:

      (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, [or] a registered pharmacist [;] , or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and

      (b) Complies with the regulations adopted by the board.

      2.  Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless he has obtained a license from the board.


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

ê1997 Statutes of Nevada, Page 1259 (Chapter 342, AB 626)ê

 

a manufacturer or wholesaler unless he has obtained a license from the board.

      3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until he has obtained a license from the board.

      4.  Each application for such a license must be made on a form furnished by the board and an application must not be considered by the board until all the information required thereon has been completed. Upon approval of the application by the board and the payment of the required fee, the board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location, and renewed biennially.

      Sec. 7.  NRS 639.2825 is hereby amended to read as follows:

      639.2825  [It]

      1.  Except as otherwise provided in subsection 2, it is unlawful for the holder of a certificate of registration [or] as a pharmacist, a certificate as an intern pharmacist, a license or a permit granted [under the provisions of] pursuant to this chapter to [dispense,] sell, furnish or fit [any cosmetic or therapeutic] a contact lens . [or any contact lens which is used to correct visual acuity.]

      2.  A registered pharmacist may, pursuant to a prescription, sell or furnish a prepackaged contact lens that does not require any adjustment, modification or fitting, if:

      (a) The prescription includes an expiration date and sets forth the number of refills that the person for whom the contact lens is prescribed may receive; and

      (b) The contact lens is not sold or furnished with the intent that the initial use of the contact lens will occur after the expiration date of the prescription.

      3.  As used in this section, “contact lens” includes, without limitation, any cosmetic or therapeutic contact lens or any contact lens that is used to improve visual acuity.

      Sec. 8.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 9.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 10.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1260ê

 

CHAPTER 343, AB 615

Assembly Bill No. 615–Committee on Judiciary

CHAPTER 343

AN ACT relating to the practice of law; requiring an applicant for a license to practice law in this state to submit to the State Bar of Nevada a complete set of his fingerprints and written permission to forward the fingerprints to the Federal Bureau of Investigation for its report; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 7.030 is hereby amended to read as follows:

      7.030  [Every] Each person, before receiving a license to practice law, shall:

      1.  Take, before a person authorized by the laws of this state to administer oaths, the oath prescribed by rule of the supreme court.

      2.  Pay to the clerk of the supreme court the sum of $25. The clerk of the supreme court shall remit the fees to the state treasurer as provided by subsection 7 of NRS 2.250. The money so received by the state treasurer must be placed in the state general fund.

      3.  Submit to the State Bar of Nevada a complete set of his fingerprints and written permission authorizing the admissions director of the State Bar of Nevada to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report.

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

________

 

CHAPTER 344, AB 594

Assembly Bill No. 594–Assemblymen Hettrick and Dini

CHAPTER 344

AN ACT relating to state lands; providing an expedited procedure for authorization by the state land registrar of certain work performed below the high water mark of navigable rivers; determining the types of such work that require a permit from the state land registrar; requiring notice to the state land registrar for other types of work; requiring the state environmental commission to adopt regulations to simplify and expedite the procedure for approval of certain permits; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 322 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an emergency causes an immediate threat to life, health or property, a person may perform work below the high water mark of a navigable river to the extent necessary to protect life, health or property without first submitting an application to or securing a permit from the state land registrar.


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

ê1997 Statutes of Nevada, Page 1261 (Chapter 344, AB 594)ê

 

without first submitting an application to or securing a permit from the state land registrar. If reasonably practicable, before proceeding with any such work the person shall notify the state land registrar of the emergency by telephone or other means. Upon completion of the work, the person initiating the work shall file an application with the state land registrar as required for the work completed.

      2.  Neither an application to nor a permit from the state land registrar is required for work performed below the high water mark of a navigable river which constitutes routine maintenance or minor repairs, or both, of an:

      (a) Irrigation diversion structure; or

      (b) Outfall structure that is regulated by an individual permit issued pursuant to NRS 445A.300 to 445A.730, inclusive,

if the irrigation diversion structure or outfall structure is not altered beyond the existing permitted size, configuration and location and the river bed is not disturbed.

      3.  Except as otherwise provided in subsections 1 and 4, a person must file an application with the state land registrar and pay any required application fee but is not required to secure a permit from the state land registrar to perform work below the high water mark of a navigable river for the following types of projects:

      (a) Clearance of vegetation that restricts the capacity of the channel or the flow of water of a navigable river, or both;

      (b) Clearance of debris or temporary obstructions that restrict the capacity of the channel or the flow of water of a navigable river, or both; or

      (c) Bank stabilization or restoration, where all materials used are appropriate natural materials as determined by the state land registrar.

      4.  Unless otherwise notified by the state land registrar, the person may proceed pursuant to subsection 3 with any such work 14 days after a completed application and any required fees are submitted to the state land registrar.

      5.  Work authorized by subsections 2 and 3:

      (a) Must be performed in accordance with best management practices to protect water quality; and

      (b) Must not significantly disturb or alter the river bed or banks or the flow of water or alter the capacity of the channel.

      6.  Except as otherwise provided by subsections 1, 2 and 3, a person must secure a permit from the state land registrar before proceeding with any work below the high water mark of a navigable river, including, but not limited to:

      (a) Dredging or filling;

      (b) Bank stabilization or restoration, where all materials used are not appropriate natural materials as determined by the state land registrar;

      (c) Channel clearance; or

      (d) Construction of irrigation diversions.

      7.  The state land registrar shall process the application for a permit required by subsection 6 and issue the permit or notify the applicant that the application has been denied, within 60 days after the receipt of a completed application and any required application fee. This period may be extended by mutual agreement between the state land registrar and the applicant.


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

ê1997 Statutes of Nevada, Page 1262 (Chapter 344, AB 594)ê

 

      8.  Unless the period for acting upon the application is extended by mutual agreement pursuant to subsection 7, a completed application, which was properly submitted pursuant to subsection 7 with any required fees, that is not acted upon by the state land registrar within 60 days after receipt shall be deemed approved and the work requested may proceed upon payment by the applicant of any required fee for the permit.

      9.  All state agencies which have jurisdiction within a navigable river shall cooperate with the state land registrar in compiling information needed to process a permit pursuant to subsection 7 and shall provide a timely response to a request from the state land registrar for information or assistance.

      10.  Compliance with the provisions of this section does not relieve an applicant from the duty to comply with the provisions of NRS 445.080 to 455.180, inclusive, and any other applicable requirements of other state, local, regional or federal entities.

      11.  As used in this section, “high water mark” means the mean high water line to which high water ordinarily reaches, not including flood waters.

      Sec. 2.  NRS 322.160 is hereby amended to read as follows:

      322.160  The proceeds of any fee charged pursuant to NRS 322.100 to 322.130, inclusive, and section 1 of this act, must be accounted for by the state land registrar and:

      1.  If the fee is for any authorization to use land granted to the state by the Federal Government for educational purposes, the proceeds must be paid into the state treasury for credit to the state permanent school fund.

      2.  If the fee is for any authorization to use any other state land, the proceeds must be paid into the state treasury for credit to the state general fund.

      Sec. 3.  NRS 322.170 is hereby amended to read as follows:

      322.170  The state land registrar shall adopt such regulations as are necessary to carry out the provisions of NRS 322.100 to 322.160, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 445A.465 is hereby amended to read as follows:

      445A.465  1.  Except as authorized by a permit issued by the department pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, and regulations adopted by the commission, it is unlawful for any person to:

      [1.] (a) Discharge from any point source any pollutant into any waters of the state or any treatment works.

      [2.] (b) Inject fluids through a well into any waters of the state.

      [3.] (c) Discharge from a point source a pollutant or inject fluids through a well that could be carried into the waters of the state by any means.

      [4.] (d) Allow a pollutant discharged from a point source or fluids injected through a well to remain in a place where the pollutant or fluids could be carried into the waters of the state by any means.

      2.  The commission shall adopt regulations which provide a simplified procedure for approval by the department of permits that are required by subsection 1 for work related to clearing and maintaining the channel of a navigable river, including, without limitation, dredging or filling, bank stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions.


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

ê1997 Statutes of Nevada, Page 1263 (Chapter 344, AB 594)ê

 

stabilization or restoration, channel clearance, construction of irrigation diversions or the clearance of vegetation, debris or temporary obstructions. The regulations must include a limitation on the time allowed for the processing of an application for such a permit to not more than 60 days after receipt by the department of a completed application and any required fees, unless the administrator determines that it is in the public interest to hold a public hearing regarding the application and promptly notifies the applicant of that determination.

      Sec. 5.  The state environmental commission shall adopt the regulations required by subsection 2 of NRS 445A.465, as amended by this act, on or before October 1, 1997.

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 345, AB 583

Assembly Bill No. 583–Assemblyman Carpenter

CHAPTER 345

AN ACT relating to agricultural associations; revising provisions regarding the appointment of members of a district board of agriculture for an agricultural district; revising provisions regarding the use and taxable status of land owned or used by an agricultural association; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 547 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If property in public or private ownership:

      (a) Is designated or considered to be agricultural land or is otherwise dedicated to an agricultural purpose or use; and

      (b) Is used by an agricultural association for an exhibition, fair or other special event that is authorized pursuant to subsection 4 of NRS 547.090 or NRS 547.110,

the use of the property by the agricultural association shall be deemed to be an expanded agricultural use, and such use must not be construed to have affected or changed the agricultural status of the property that existed before it was used by the agricultural association.

      2.  The provisions of subsection 1 apply to all property used by an agricultural association, including, but not limited to, property that is:

      (a) Owned or leased by the agricultural association; or

      (b) Made available by another person for use by the agricultural association pursuant to a donation, gift, grant of authorization or permission, or other similar means.

      Sec. 2.  NRS 547.040 is hereby amended to read as follows:

      547.040  1.  [Within] Not later than 10 days after [the formation of] an agricultural association [within any of the agricultural districts constituted] is formed within an agricultural district listed in NRS 547.010 [in accordance with] pursuant to the provisions of this chapter : [, eight resident citizens of such agricultural district shall be appointed as members of a district board of agriculture for the district by:]

 


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ê1997 Statutes of Nevada, Page 1264 (Chapter 345, AB 583)ê

 

accordance with] pursuant to the provisions of this chapter : [, eight resident citizens of such agricultural district shall be appointed as members of a district board of agriculture for the district by:]

      (a) The governor [for agricultural districts] , if the agricultural district is comprised of more than one county [.] , shall appoint eight persons who are residents of the agricultural district and who are members of the agricultural association to be members of the district board of agriculture for the agricultural district; or

      (b) The board of county commissioners [for each county which] , if the agricultural district constitutes a single-county agricultural district [.] , shall appoint eight persons who are residents of the agricultural district to be members of the district board of agriculture for the agricultural district.

      2.  Within 10 days after their appointment, the persons so appointed shall meet at a place within the agricultural district and organize by the election of:

      (a) One of their number as president of the board and association, who shall hold the office of president for 1 year and until his successor is elected.

      (b) A secretary and a treasurer.

      3.  At the same meeting the members of the board shall, by lot or otherwise, classify themselves into four classes of two members each. The terms of office of the first class [shall] expire at the end of the first fiscal year. The terms of office of the second class [shall] expire at the end of the second fiscal year. The terms of office of the third class [shall] expire at the end of the third fiscal year. The terms of office of the fourth class [shall] expire at the end of the fourth fiscal year.

      Sec. 3.  NRS 547.060 is hereby amended to read as follows:

      547.060  1.  Except as otherwise provided in subsection 3 of NRS 547.040, each director [shall] must be appointed for a term of 4 years.

      2.  The secretary shall report any vacancy which may occur in the board to its appointing authority as specified in NRS 547.040, and the vacancy [shall] must be filled by appointment for the unexpired term.

      3.  The incumbent members of the district board may submit to the appointing authority for consideration a list of nominees for appointment to fill any vacancy on the district board.

      Sec. 4.  NRS 547.090 is hereby amended to read as follows:

      547.090  An agricultural association may:

      1.  Contract and be contracted with.

      2.  Sue and be sued.

      3.  Have and use a common seal.

      4.  Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property must be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district. The association may allow the use of its property for other special events in the community.


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

ê1997 Statutes of Nevada, Page 1265 (Chapter 345, AB 583)ê

 

      5.  Obtain medium-term obligations as provided in chapter 350 of NRS for local governments other than counties.

      Sec. 5.  NRS 361A.030 is hereby amended to read as follows:

      361A.030  1.  “Agricultural use” means the current employment of real property as a business venture for profit, which business produced a minimum gross income of $5,000 from agricultural pursuits during the immediately preceding calendar year by:

      (a) Raising, harvesting and selling crops, fruit, flowers, timber and other products of the soil;

      (b) Feeding, breeding, management and sale of livestock, poultry, or the produce thereof, if the real property used therefor is owned or leased by the operator and is of sufficient size and capacity to produce more than one-half of the feed required during that year for the agricultural pursuit;

      (c) Operating a feed lot consisting of at least 50 head of cattle or an equivalent number of animal units of sheep or hogs, for the production of food;

      (d) Raising furbearing animals or bees;

      (e) Dairying and the sale of dairy products; or

      (f) Any other use determined by the department to constitute agricultural use if such use is verified by the department.

The term includes every process and step necessary and incident to the preparation and storage of the products raised on such property for human or animal consumption or for marketing except actual market locations.

      2.  As used in this section, “current employment” of real property in agricultural use includes:

      (a) Land lying fallow for 1 year as a normal and regular requirement of good agricultural husbandry; [and]

      (b) Land planted in orchards or other perennials prior to maturity [.] ; and

      (c) Land leased or otherwise made available for use by an agricultural association formed pursuant to chapter 547 of NRS.

      Sec. 6.  NRS 361A.031 is hereby amended to read as follows:

      361A.031  1.  “Converted to a higher use” means:

      (a) A physical alteration of the surface of the property enabling it to be used for a higher use;

      (b) The recording of a final map or parcel map which creates one or more parcels not intended for agricultural use;

      (c) The existence of a final map or parcel map which creates one or more parcels not intended for agricultural use; or

      (d) A change in zoning to a higher use made at the request of the owner.

      2.  The term does not include leasing the land to or otherwise permitting the land to be used by an agricultural association formed pursuant to chapter 547 of NRS.

      3.  As used in this section:

      (a) “Final map” has the meaning ascribed to it in NRS 278.0145.

      (b) “Parcel map” has the meaning ascribed to it in NRS 278.017.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1266ê

 

CHAPTER 346, AB 556

Assembly Bill No. 556–Committee on Taxation

CHAPTER 346

AN ACT relating to taxation; clarifying the provisions governing the imposition and collection of the taxes on the rental of transient lodging; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 364.125 is hereby amended to read as follows:

      364.125  The Nevada tax commission shall , by regulation not inconsistent with the provisions of [NRS 244.3352 and 268.096] chapters 244 and 268 of NRS, provide for the collection and enforcement of the [tax imposed pursuant to those sections.] taxes imposed on the rental of transient lodging. Those regulations must include:

      1.  A procedure for making refunds and resolving disputes relating to the [tax,] taxes, including exemptions pertaining thereto; and

      2.  Requirements for keeping records and provisions concerning their inspection and investigation.

      Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each board of county commissioners shall adopt an ordinance that defines the term “transient lodging” for the purposes of all taxes imposed by the board on the rental of transient lodging. The ordinance must specify the types of lodging to which the taxes apply.

      2.  The definition adopted by the board may include rooms or spaces in any one or more of the following:

      (a) Hotels;

      (b) Motels;

      (c) Apartments;

      (d) Time-share projects, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

      (e) Apartment hotels;

      (f) Vacation trailer parks;

      (g) Campgrounds;

      (h) Parks for recreational vehicles; and

      (i) Any other establishment that rents rooms or spaces to temporary or transient guests.

      3.  The board may provide one or more different definitions pursuant to subsection 1 for different jurisdictions within the county in which the taxes are collected. Unless the governing body of the governmental entity that collects the taxes consents by majority vote to a change, each definition must be consistent with the past practices of the specific jurisdiction in which the taxes are collected.


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

ê1997 Statutes of Nevada, Page 1267 (Chapter 346, AB 556)ê

 

      Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of each city shall adopt an ordinance that defines the term “transient lodging” for the purposes of all taxes imposed by the governing body on the rental of transient lodging. The ordinance must specify the types of lodging to which the taxes apply.

      2.  The definition adopted by the governing body may include rooms or spaces in any one or more of the following:

      (a) Hotels;

      (b) Motels;

      (c) Apartments;

      (d) Time-share projects, except when an owner of a unit in the time-share project who has a right to use or occupy the unit is occupying the unit pursuant to a time-share instrument as defined in NRS 119A.150;

      (e) Apartment hotels;

      (f) Vacation trailer parks;

      (g) Campgrounds;

      (h) Parks for recreational vehicles; and

      (i) Any other establishment that rents rooms or spaces to temporary or transient guests.

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

________

 

CHAPTER 347, AB 557

Assembly Bill No. 557–Assemblymen Bache, Anderson, Giunchigliani, Neighbors, Koivisto, Humke, Berman, Freeman, Collins, Manendo, Buckley, Segerblom, de Braga, Lambert, Parks, Lee, Braunlin, Mortenson, Herrera, Amodei, Williams, Ohrenschall, Krenzer, Evans, Sandoval, Chowning, Price, Dini, Ernaut, Close, Perkins and Cegavske

CHAPTER 347

AN ACT relating to child care facilities; requiring the board for child care to adopt certain requirements regarding preparedness for emergencies at such facilities; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 432A.077 is hereby amended to read as follows:

      432A.077  1.  The board shall adopt:

      (a) Licensing standards for child care facilities.

      (b) In consultation with the state fire marshal, plans and requirements to ensure that each child care facility and its staff is prepared to respond to emergencies, including, without limitation:

             (1) The conducting of fire drills on a monthly basis;

            (2) The adoption of plans to respond to natural disasters and emergencies other than those involving fire; and


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

ê1997 Statutes of Nevada, Page 1268 (Chapter 347, AB 557)ê

 

             (3) The adoption of plans to provide for evacuation of child care facilities in an emergency.

      (c) Such other regulations as it deems necessary or convenient to carry out the provisions of this chapter.

      2.  The board shall require that the practices and policies of each child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.

      3.  If the board finds that the practices and policies of a child care facility are substantially equivalent to those required by the board in its regulations, it may waive compliance with a particular standard or other regulation by that facility.

      Sec. 2.  NRS 432A.180 is hereby amended to read as follows:

      432A.180  1.  Any authorized member or employee of the bureau may enter and inspect any building or premises of a child care facility or the area of operation of an outdoor youth program at any time to secure compliance with or prevent a violation of any provision of this chapter.

      2.  The state fire marshal or his designate [may enter] shall, at least annually:

      (a) Enter and inspect [any] every building or premises of a child care facility, on behalf of the bureau [,] ; and

      (b) Observe and make recommendations regarding the drills conducted pursuant to section 1 of this act,

to secure compliance with standards for safety from fire [.] and other emergencies.

      3.  The state health officer or his designate shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program, on behalf of the bureau, to secure compliance with standards for health and sanitation.

      Sec. 3.  1.  This section and section 1 of this act become effective on July 1, 1997, to facilitate the adoption of the prescribed regulations.

      2.  Section 2 of this act becomes effective on October 1, 1997.

________

 

CHAPTER 348, AB 409

Assembly Bill No. 409–Committee on Government Affairs

CHAPTER 348

AN ACT relating to state financial administration; revising the provisions governing the authority of the state board of examiners to authorize the clerk to approve certain contracts; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 284.173 is hereby amended to read as follows:

      284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.


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

ê1997 Statutes of Nevada, Page 1269 (Chapter 348, AB 409)ê

 

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.

      (b) There must be no:

             (1) Withholding of income taxes by the state;

             (2) Industrial insurance coverage provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

      6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are [for] :

      (a) For amounts less than [$2,000] $5,000 or, in contracts necessary to preserve life and property, for amounts less than [$5,000.] $25,000.

      (b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.

The state board of examiners shall adopt regulations to carry out the provisions of this section.

      7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

      (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

      (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.


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

ê1997 Statutes of Nevada, Page 1270 (Chapter 348, AB 409)ê

 

buildings if the contracting process was controlled by the rules of open competitive bidding.

      (c) Contracts executed by the housing division of the department of business and industry.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

      8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

      (a) Whether sufficient authority exists to expend the money required by the contract; and

      (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

      9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

      Sec. 2.  Section 126 of chapter 580, Statutes of Nevada 1995, at page 2042, is hereby amended to read as follows:

       Sec. 126.  NRS 284.173 is hereby amended to read as follows:

       284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.

       2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

       3.  For the purposes of this section:

       (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid [under] pursuant to the provisions of NRS 281.160.

       (b) There must be no:

             (1) Withholding of income taxes by the state;

             (2) [Industrial insurance coverage] Coverage for industrial insurance provided by the state;

             (3) Participation in group insurance plans which may be available to employees of the state;

             (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

             (5) Accumulation of vacation leave or sick leave; or

             (6) [Unemployment compensation coverage] Coverage for unemployment compensation provided by the state if the requirements of NRS 612.085 for independent contractors are met.


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

ê1997 Statutes of Nevada, Page 1271 (Chapter 348, AB 409)ê

 

       4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

       5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

       6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk to approve contracts which are:

       (a) For amounts less than $5,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.

       (b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.

The state board of examiners shall adopt regulations to carry out the provisions of this section.

       7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

       (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.

       (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.

       (c) Contracts executed by the housing division of the department of business and industry.

       (d) Contracts executed by the state industrial insurance system.

       (e) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

       8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

       (a) Whether sufficient authority exists to expend the money required by the contract; and

       (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.


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

ê1997 Statutes of Nevada, Page 1272 (Chapter 348, AB 409)ê

 

       9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 349, AB 407

Assembly Bill No. 407–Committee on Government Affairs

CHAPTER 349

AN ACT relating to public purchasing; requiring a state agency to report the receipt of forfeited personal property on the monthly inventory list submitted to the purchasing division of the department of administration; revising the method for the sale of surplus property of using agencies; providing the purchasing division with the authority in certain circumstances to refurbish surplus property before its sale; conforming the method for the sale of surplus personal property of the department of transportation to that used for the sale of surplus personal property of other using agencies; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 333.220 is hereby amended to read as follows:

      333.220  1.  The chief shall:

      (a) Provide for classification of the [fixed properties and movable equipment] personal property of the state in the possession of the using agencies.

      (b) Establish a [scheme] process for identification of all such property . [and equipment.]

      (c) Maintain records of [the equipment and] such property.

      (d) Except as otherwise provided in this paragraph, determine which items of such property [and equipment] must be listed by each using agency pursuant to subsection 4. Any item which had an original cost of $500 or more and which has a useful life of more than 2 years must be included on the list.

      2.  Each using agency shall submit to the purchasing division a list on or before the last day of each month [to the purchasing division] of all [equipment] personal property for which it is responsible which was lost, stolen, exchanged or deemed excess . The list must include all forfeited personal property which was received by the using agency and all personal property which was donated to the using agency within the previous month. The list must be prepared by the officer entrusted with custody of the [equipment] property and be approved by the officer’s supervisor or the head of his department or agency. A monthly physical count is not required for the preparation of the list.

      3.  The chief may transfer any [tool, implement, machinery or other equipment] personal property or forfeited personal property in the possession of [any] a using agency [,] to another governmental agency within the state or to an entity that is eligible to acquire federal donable surplus property, if that [equipment] property is not necessary for the use of the using agency .


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

ê1997 Statutes of Nevada, Page 1273 (Chapter 349, AB 407)ê

 

within the state or to an entity that is eligible to acquire federal donable surplus property, if that [equipment] property is not necessary for the use of the using agency . [, to another agency.]

      4.  The records of personal property [and equipment] of the state must be maintained at all times to show the officers entrusted with the custody thereof and transfers of such property between those officers. Each using agency shall conduct an annual physical count of all personal property [and equipment] charged to it and reconcile the results of the annual physical count with the records of inventory maintained by the chief. The chief shall maintain the current records of inventory for each state agency.

      5.  The chief shall adopt regulations which:

      (a) Prescribe the procedure by which [supplies, materials and equipment] personal property may be condemned and disposed of, if of no further use to the state.

      (b) [Except as otherwise provided in subsection 6, provide that property may be sold only to the highest bidder after every effort has been made to secure at least three competitive bids.

      (c)] Provide that condemned property [with] which the chief has not transferred to another governmental agency or entity that is eligible to acquire federal donable surplus property and which has an appraised value over $1,000 may be sold [only through a notice] at a public auction. At least once within 15 days before the auction, the chief shall publish or cause to be published in a newspaper circulated in the area in which the sale is made [.

      6.  Before accepting other bids, the chief shall:

      (a) Offer a used vehicle of the highway patrol to the using agencies and sell the vehicle to the highest bidder, if any, from the using agencies.

      (b) Offer any used vehicle of the highway patrol which was not purchased by a using agency pursuant to paragraph (a) to the office of the sheriff of each county and to the police department of each city in the state and sell the vehicle to the highest bidder, if any, from those offices or departments.

A bid and acceptance thereof must be made in accordance with regulations adopted by the chief.] a notice of the auction and a description of the property to be sold.

      6.  For the purposes of sale, the chief or his designated agent shall determine the value of personal property which is of no further use to the state. The chief may request the assistance of any department or officer having technical expertise regarding any such property to determine the value of the property.

      7.  The chief may elect to refurbish, in whole or in part, personal property which is of no further use to the state if the chief determines that refurbishment will increase the value of the property in an amount that exceeds the cost of the refurbishment. The purchasing division is entitled to reimbursement for the cost of refurbishment from the proceeds of the sale of the property.


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

ê1997 Statutes of Nevada, Page 1274 (Chapter 349, AB 407)ê

 

      Sec. 2.  NRS 333.462, 333.463, 333.4635, 333.464, 333.465, 333.466, 333.467 and 333.468 are hereby repealed.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 350, SB 291

Senate Bill No. 291–Senator Titus

CHAPTER 350

AN ACT relating to railroads; expanding the authority of the public service commission of Nevada to regulate the safety of railroads in this state; requiring the commission to enter into an agreement with the Secretary of Transportation concerning the enforcement in this state of federal safety regulations and orders applicable to railroads; authorizing the commission to accept and expend federal money for carrying out a safety program relating to railroads; requiring the commission to adopt certain regulations relating to railroad safety; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:

      The commission shall:

      1.  Enter into an agreement with the Secretary of Transportation pursuant to 49 U.S.C. § 20105 that authorizes the commission to participate in the enforcement of federal safety regulations and orders applicable to railroad equipment, facilities, rolling stock and operations in this state.

      2.  Accept and expend any federal money made available pursuant to 49 U.S.C. § 20105 for carrying out a safety program relating to railroads.

      Sec. 2.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      The commission shall:

      1.  Perform such duties and functions as are necessary:

      (a) To ensure the safety of railroad equipment, facilities, rolling stock and operations in this state.

      (b) For this state to participate in any federal safety program relating to railroads.

      2.  Adopt such regulations as it determines are necessary in carrying out the provisions of this section.

      Sec. 3.  The public service commission of Nevada shall:

      1.  Review, study and evaluate:

      (a) The existing regulations of the commission concerning the safety of railroads in this state.

      (b) The statutes and regulations of other states concerning the safety of railroads.

      (c) The statutes and regulations of the Federal Government concerning the safety of railroads.


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

ê1997 Statutes of Nevada, Page 1275 (Chapter 350, SB 291)ê

 

      2.  Adopt regulations concerning the safety of railroads in this state that incorporate the provisions of the statutes and regulations of other states and the Federal Government relating to railroad safety which the commission determines are appropriate for this state.

      3.  Submit a report to the director of the legislative counsel bureau, on or before December 31, 1998, for transmittal to the 70th session of the legislature, that sets forth the actions taken by the commission pursuant to this act.

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

________

 

CHAPTER 351, AB 350

Assembly Bill No. 350–Assemblyman Carpenter

CHAPTER 351

AN ACT relating to the Elko Convention and Visitors Authority; imposing a limitation upon the maximum indebtedness of the Authority; making certain provisions of NRS applicable to the procedure for bonding pursuant to this act; authorizing the Authority to issue and sell additional bonds in accordance with certain provisions of NRS; providing that bonds may not be issued for the purpose of managing, operating, advertising, publicizing or promoting the facilities of the Authority; repealing certain obsolete provisions; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 227, Statutes of Nevada 1975, as amended by chapter 345, Statutes of Nevada 1993, at page 1100, is hereby amended by adding thereto a new section to be designated as section 3.1, immediately following section 3, to read as follows:

       Sec. 3.1.  1.  The Authority shall not incur an indebtedness in excess of 10 percent of the total assessed valuation of the taxable property within the boundaries of the Authority, as shown by the last preceding assessment.

       2.  In determining any limitation of debt under this section, the following must not be included in the indebtedness of the Authority:

       (a) Any notes or securities that mature within 1 year after the date of issuance; or

       (b) Any outstanding revenue bonds or other special obligation securities.

      Sec. 2.  Section 3 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 375, is hereby amended to read as follows:

       Sec. 3.  1.  The Authority is hereby authorized and empowered [without the necessity of an election or further preliminaries (except for the approving bond election hereinafter required) to construct, concurrently or in phases, and otherwise acquire (including a site therefor) a civic auditorium and convention center, including improvements incidental thereto, and equipment and furnishings therefor and all appurtenances to be located within or proximate to the City of Elko, Nevada (herein sometimes referred to as the “Project”); and to defray wholly or in part the cost of the Project by the issuance of Authority Bonds (herein sometimes designated as the “Bonds”) in the aggregate principal amount not exceeding $2,500,000 or such lesser amount as the Board of County Commissioners of Elko County, Nevada, may determine in the resolution described in Sections 19 and 20 of this Act as being necessary or desirable for such purpose.


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

ê1997 Statutes of Nevada, Page 1276 (Chapter 351, AB 350)ê

 

therefor and all appurtenances to be located within or proximate to the City of Elko, Nevada (herein sometimes referred to as the “Project”); and to defray wholly or in part the cost of the Project by the issuance of Authority Bonds (herein sometimes designated as the “Bonds”) in the aggregate principal amount not exceeding $2,500,000 or such lesser amount as the Board of County Commissioners of Elko County, Nevada, may determine in the resolution described in Sections 19 and 20 of this Act as being necessary or desirable for such purpose.

       2.  After the initial issuance of these bonds, the Authority may:] to:

       (a) Establish, construct, purchase, otherwise acquire, reconstruct, repair, maintain, improve, extend and better exposition buildings, convention halls, auditoriums, amusement halls, exhibit buildings, exhibit spaces, display areas, parking spaces, storage and warehousing facilities and other convention and auditorium facilities and buildings therefor, and improvements incidental thereto.

       (b) Equip and furnish such facilities.

       (c) Acquire suitable sites or grounds for such facilities.

       (d) Manage and operate such facilities.

       (e) Landscape such facilities.

       (f) Advertise, publicize and promote such facilities.

       (g) Issue bonds [therefor,] for the purposes set forth in paragraph (a), (b), (c) or (e), or for any combination thereof, at one time or from time to time.

       (h) Lease all or any portions of such facilities, including the lease of space for commercial advertising purposes.

       (i) Accept contributions, grants, or other financial assistance from:

             (1) The Federal Government or any agency thereof;

             (2) The State of Nevada or any agency thereof;

             (3) Elko County or any agency thereof;

             (4) The City of Elko or any agency thereof;

             (5) Any other political subdivision of the State of Nevada; and

             (6) Any person, corporation, partnership or other source,

and comply with such conditions, terms, leases and agreements as may be necessary, convenient, acceptable or desirable in connection with any such financial assistance.

       [3.] 2.  Without limiting the generality of the provisions of subsection [2,] 1, such facilities include all buildings and improvements incident thereto, as well as all equipment, furnishings or other personal property located thereon or used in connection therewith, and all sites and grounds which are used as a convention center or auditorium or for purposes related thereto.

      Sec. 3.  Section 4 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 376, is hereby amended to read as follows:

       Sec. 4.  The [Bonds] general obligation bonds authorized to be issued by [section 3 of] this act are general obligation bonds of the Authority payable from general (ad valorem) property taxes to be levied by the County Commissioners of Elko County, Nevada, on behalf of the Board of the Authority, such taxes to be levied upon all taxable properties within the boundaries of the Authority as such boundaries [shall be] are hereafter established and defined and from time to time redefined by reason of inclusion of additional lands.


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

ê1997 Statutes of Nevada, Page 1277 (Chapter 351, AB 350)ê

 

taxable properties within the boundaries of the Authority as such boundaries [shall be] are hereafter established and defined and from time to time redefined by reason of inclusion of additional lands.

      Sec. 4.  Section 4.5 of chapter 227, Statutes of Nevada 1975, as added by chapter 275, Statutes of Nevada 1979, and as amended by chapter 345, Statutes of Nevada 1993, at page 1100, is hereby amended to read as follows:

       Sec. 4.5.  1.  For any purpose authorized by this act, the Board, at any time or from time to time, in the name and on behalf of the Authority, may:

       (a) Issue:

             (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net revenue derived from the operation of those facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net revenue as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment; and

       (b) Issue revenue bonds payable solely from the net revenue to be derived from the operation of those facilities, as the Board may decide.

       2.  For the purposes of this act, the electors of the Authority are all persons who [are qualified to vote at general elections in Elko county, and who] reside within the boundaries of the Authority and are qualified to vote in Elko County upon the date of close of registration for any special, primary or general election for bonding or revenue purposes. These electors are entitled to vote at elections on the questions pertaining to the Authority.

       3.  A special election may be held only if the Board determines, by a unanimous vote, that an emergency exists. The determination made by the Board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the Board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any [unexpected] occurrence or combination of occurrences which requires immediate action by the Board to prevent or mitigate a substantial financial loss to the Authority or Elko County or to enable the Board to provide an essential service to the residents of Elko County.

      Sec. 5.  Section 5 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 376, is hereby amended to read as follows:

       Sec. 5.  The [Bonds shall] bonds authorized to be issued pursuant to section 4.5 of this act must be issued [independent of any debt limitation or other restriction, except as otherwise provided in this act and in the Local Government Securities Law, and the Authority acting by its Board may, in connection with the powers authorized by this act, exercise the incidental powers in the Local Government Securities Law,] in accordance with the provisions of chapter 350 of NRS, except as otherwise provided in this act.


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

ê1997 Statutes of Nevada, Page 1278 (Chapter 351, AB 350)ê

 

by its Board may, in connection with the powers authorized by this act, exercise the incidental powers in the Local Government Securities Law,] in accordance with the provisions of chapter 350 of NRS, except as otherwise provided in this act.

      Sec. 6.  Section 6 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 377, is hereby amended to read as follows:

       Sec. 6.  This act does not prevent the Board, on behalf and in the name of the Authority, from refunding or reissuing the [Bonds] bonds issued pursuant to this act at any time as provided in the Local Government Securities Law.

      Sec. 7.  Section 7 of chapter 227, Statutes of Nevada 1975, at page 272, is hereby amended to read as follows:

       Sec. 7.  The County of Elko is hereby authorized to make from time to time fair and reasonable payment to the Authority from its general fund or other available [moneys] money for any use of the [Project] facilities of the Authority by the county or any of its departments, boards, agencies or by any persons sponsored by the county.

      Sec. 8.  Section 11.6 of chapter 227, Statutes of Nevada 1975, as added by chapter 275, Statutes of Nevada 1979, at page 386, is hereby amended to read as follows:

       Sec. 11.6.  1.  In connection with any taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with this act, the Board, upon behalf of the Authority, in addition to powers elsewhere conferred, may but need not:

       (a) Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of any money and funds pertaining thereto, prescribe a procedure therefor, including , but not limited to , enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and create an office and hire personnel therefor.

       (b) Defray the reasonable costs of collecting and otherwise administering such taxes from not more than 10 percent of the gross revenues so collected , [(] excluding from this limitation and from such gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer . [).] The incorporated cities collectively and the county may enter into an agreement with the Board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county may not exceed 10 percent of the combined gross revenues so collected.

       (c) Defray further with the proceeds of any such tax the costs of the Board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining facilities under the jurisdiction of the Board, including , without limitation , the payment of reasonable expenses pertaining to the promotion of tourism generally, individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any facilities authorized by this act, including , but not limited to , making annual grants to the state, the county and incorporated cities in the county for capital improvements for facilities and of constructing, purchasing or otherwise acquiring any such facilities.


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

ê1997 Statutes of Nevada, Page 1279 (Chapter 351, AB 350)ê

 

commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any facilities authorized by this act, including , but not limited to , making annual grants to the state, the county and incorporated cities in the county for capital improvements for facilities and of constructing, purchasing or otherwise acquiring any such facilities.

       (d) Redeem any general obligation bonds of the Authority issued pursuant to this act, including principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

       (e) Make contracts from time to time concerning any such taxes , and any such contract may limit the exercise of powers pertaining thereto, including , without limitation , the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax , [;] but no such change may be made which would prejudicially affect any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to this act, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.

       (f) Make rules and regulations concerning such taxes and provide penalties for the failure to comply therewith.

       (g) Pledge the proceeds of such taxes for the payment of any general obligations issued by the Authority for a purpose authorized under this act. Any proceeds that are pledged pursuant to this paragraph constitute pledged revenue for the purposes of subsection 3 of NRS 350.020.

       2.  All taxes levied by a city, town or county for use in connection with this act, and collected by any motel, hotel or gaming establishment, is public money from the moment of its collection [, and shall] and must be held in trust by the person collecting it for the use and benefit of the city, town or county levying such taxes or for the use of the Board where such revenues have been assigned or appropriated to the Board.

       3.  If the Board determines that any tax assigned to it, or penalty or interest thereon, has been paid more than once or has been erroneously or illegally collected or computed, the Board shall, subject to the conditions specified in this section, refund to the person or corporation or its successors, administrators, executors or assigns, the excess amount collected or paid. In lieu of a refund, the Board may grant a credit to the taxpayer against future tax payments.

       4.  A refund or credit may not be allowed unless a claim therefor is filed with the Board within 2 years from the last date that the overpayment was made. Every claim must be in writing and state the specific grounds upon which the claim is founded.

       5.  Failure to file a claim within the time prescribed constitutes a waiver of any demand against the city or county imposing the tax and against the Board.

       6.  Within 30 days after disallowing any claim, in whole or in part, the Board shall serve written notice of its action on the claimant.


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

ê1997 Statutes of Nevada, Page 1280 (Chapter 351, AB 350)ê

 

       7.  In order to insure the payment of the revenue or general obligation bonds of the Authority, the payment of which is secured or is additionally secured, as the case may be, by a pledge of the revenues of the facilities, or of any other income-producing project and of any taxes, as provided in this act, or of other special obligations so secured or other additionally secured general obligations of the Authority, the Board may establish and maintain, and from time to time revise, a schedule of fees, rates and charges for services, facilities and commodities rendered by or through the facilities, and of any other income-producing project, and a schedule of any taxes, as the case may be, in an amount sufficient for that purpose, and also sufficient to discharge any covenant in the proceedings of the Board authorizing the issuance of any bonds or other securities, including any covenant for the establishment of reasonable reserve funds.

      Sec. 9.  Section 12 of chapter 227, Statutes of Nevada 1975, at page 273, is hereby amended to read as follows:

       Sec. 12.  [Provisions]

       1.  The provisions of the Local Government Budget Act, NRS 354.470 to 354.626, inclusive, as now and hereafter amended, [shall] apply to the Authority as a local government , and the Authority shall, for purposes of [such] that application, be deemed a district other than a school district.

       2.  The provisions of NRS 350.085 to 350.095, inclusive, apply to the Authority.

      Sec. 10.  Section 14 of chapter 227, Statutes of Nevada 1975, at page 274, is hereby amended to read as follows:

       Sec. 14.  [No] A contract for doing construction work for acquiring or improving [the Project provided for herein] any facilities of the Authority or any portion thereof [shall] must not be entered into until the Authority [shall have] has requested competitive bids and published notice stating that bids will be received at a time and place designated therein.

      Sec. 11.  Sections 19, 20, 21, 22 and 23 of chapter 227, Statutes of Nevada 1975, at page 275, section 24 of chapter 227, Statutes of Nevada 1975, at page 276, as amended by chapter 345, Statutes of Nevada 1993, at page 1101, and section 25 of chapter 227, Statutes of Nevada 1975, at page 276, as amended by chapter 275, Statutes of Nevada 1979, at page 383, are hereby repealed.

________

 


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ê1997 Statutes of Nevada, Page 1281ê

 

CHAPTER 352, AB 233

Assembly Bill No. 233–Committee on Ways and Means

CHAPTER 352

AN ACT making an appropriation to the Motor Pool Division of the Department of Administration for the purchase of additional vehicles; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Motor Pool Division of the Department of Administration the sum of $1,200,299 for the purchase of additional vehicles.

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

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 353, AB 515

Assembly Bill No. 515–Assemblymen Koivisto, Herrera, Gustavson, Ohrenschall, Sandoval, Anderson, Buckley, Carpenter, Nolan, Manendo, Cegavske, Collins, Lee, Parks, Lambert, Chowning, Freeman, Bache, Giunchigliani and Krenzer

CHAPTER 353

AN ACT relating to crimes; enhancing the penalty for gross misdemeanors that are committed on public or private school property, on a school bus or at a bus stop; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who commits a gross misdemeanor on the property of a public or private school, at an activity sponsored by a public or private school, or on a school bus or at a bus stop used to load and unload a school bus while the bus is engaged in its official duties:

      (a) Shall be punished by imprisonment in the county jail for not fewer than 15 days but not more than 1 year; and

      (b) In addition to imprisonment, may be punished by a fine of not more than $2,000.

      2.  For the purposes of this section, “school bus” has the meaning ascribed to it in NRS 483.160.


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

ê1997 Statutes of Nevada, Page 1282 (Chapter 353, AB 515)ê

 

      Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 3.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 354, SB 473

Senate Bill No. 473–Committee on Government Affairs

CHAPTER 354

AN ACT relating to state financial administration; enlarging the duties of the state board of finance and the sources from which commercial paper may be purchased; revising the procedures for drawing and delivering warrants; authorizing the exchange of payments based on interest rates; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 355.045 is hereby amended to read as follows:

      355.045  The state board of finance shall review and approve or disapprove the [investment] policies established by the state treasurer for investment of money of the state [.] and of money in the local government pooled investment fund. The board shall review [those] both sets of policies at least every 4 months.

      Sec. 2.  NRS 355.140 is hereby amended to read as follows:

      355.140  1.  In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the state insurance fund:

      (a) Bonds and certificates of the United States;

      (b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;

      (c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;

      (d) Bonds of this state or other states of the Union;

      (e) Bonds of any county of this state or of other states;

      (f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;

      (g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over and above all other obligations of the districts;

 


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

ê1997 Statutes of Nevada, Page 1283 (Chapter 354, SB 473)ê

 

investments to render the bonds financially sound over and above all other obligations of the districts;

      (h) Bonds of school districts within this state;

      (i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:

             (1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and

             (2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;

      (j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;

      (k) Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;

      (l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;

      (m) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations;

      (n) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days’ maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase;

      (o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:

             (1) [Is purchased from a registered broker-dealer;

             (2)] At the time of purchase has a remaining term to maturity of no more than 270 days; and

             [(3)] (2) Is rated by a nationally recognized rating service as “A-1,” “P-1” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;

 


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

ê1997 Statutes of Nevada, Page 1284 (Chapter 354, SB 473)ê

 

on the date of purchase, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;

      (p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:

             (1) Are purchased from a registered broker-dealer;

             (2) At the time of purchase have a remaining term to maturity of no more than 3 years; and

             (3) Are rated by a nationally recognized rating service as “A” or its equivalent, or better,

except that investments pursuant to this paragraph may not, in aggregate value, exceed 20 percent of the total par value of the portfolio, and if the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, it must be sold as soon as possible;

      (q) Money market mutual funds which:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities; and

      (r) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent.

      2.  Repurchase agreements are proper and lawful investments of money of the state and the state insurance fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:

      (a) The state treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:

             (1) Regularly provide audited and, if available, unaudited financial statements to the state treasurer;

             (2) The state treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and

             (3) Have executed a written master repurchase agreement in a form satisfactory to the state treasurer and the state board of finance pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the state treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.

      (b) In all repurchase agreements:

             (1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;

 


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ê1997 Statutes of Nevada, Page 1285 (Chapter 354, SB 473)ê

 

all appropriate, executed transfer instruments by physical delivery to the custodian;

             (2) The state must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:

                   (I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;

                   (II) Notify the state when the securities are marked to the market if the required margin on the agreement is not maintained;

                   (III) Hold the securities separate from the assets of the custodian; and

                   (IV) Report periodically to the state concerning the market value of the securities;

             (3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;

             (4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and

             (5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.

      3.  As used in subsection 2:

      (a) “Counterparty” means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:

             (1) A registered broker-dealer;

             (2) Designated by the Federal Reserve Bank of New York as a “primary” dealer in United States government securities; and

             (3) In full compliance with all applicable capital requirements.

      (b) “Repurchase agreement” means a purchase of securities by the state or state insurance fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.

      4.  No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 or chapters 616A to 616D, inclusive, of NRS.

      Sec. 3.  NRS 356.020 is hereby amended to read as follows:

      356.020  1.  All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by collateral composed of the following types of securities:

      (a) [Obligations of the] United States [;] treasury notes, bills, bonds or obligations as to which the full faith and credit of the United States are pledged for the payment of principal and interest, including the guaranteed portions of Small Business Administration loans if the full faith and credit of the United States is pledged for the payment of the principal and interest;

      (b) Bonds of this state;

      (c) Bonds of any county, municipality or school district within this state;

      (d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of NRS 356.025;


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ê1997 Statutes of Nevada, Page 1286 (Chapter 354, SB 473)ê

 

      (e) Mortgage-backed pass-through securities guaranteed by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Government National Mortgage Association;

      (f) Collateralized mortgage obligations or real estate mortgage investment conduits that are rated “AAA,” “Aaa” or its equivalent by a nationally recognized rating service; or

      (g) Instruments in which the state is permitted by NRS 355.140 to invest.

      2.  Collateral deposited by the depository bank, credit union or savings and loan association must be pledged with the state treasurer or with any Federal Home Loan Bank, any bank or any insured credit union or savings and loan association, other than the depository bank, credit union or savings and loan association, which will accept the securities in trust for the purposes of this section.

      3.  The fair market value of the deposit of securities as collateral by each depository bank, credit union or savings and loan association must be at least the amount of the state treasurer’s deposit with the depository bank, credit union or association. The fair market value of any collateral consisting of promissory notes with first mortgages or first deeds of trust shall be deemed to be 75 percent of the unpaid principal of the notes.

      4.  All securities to be used as such collateral are subject to review by the state treasurer and the state board of finance. The depository bank, credit union or savings and loan association shall submit monthly reports to the state treasurer showing the securities which constitute the collateral and their fair market value.

      5.  The state treasurer or the state board of finance may, from time to time, require the deposit of additional securities as collateral if, in their judgment, the additional securities are necessary to secure the state treasurer’s deposit.

      Sec. 4.  NRS 226.110 is hereby amended to read as follows:

      226.110  The state treasurer [shall:

      1.  Receive] :

      1.  Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

      2.  [Receipt] Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.

      3.  [Establish] Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.

      4.  [Disburse] Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered, and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.

      5.  [Keep] Shall keep a just, true and comprehensive account of all money received and disbursed.

      6.  [Deliver] Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

      7.  [Fix,] Shall fix, charge and collect reasonable fees for:


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ê1997 Statutes of Nevada, Page 1287 (Chapter 354, SB 473)ê

 

      (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

      (b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.

      8.  [Serve] Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

      9.  [Be] Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

      10.  May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.700, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.

      Sec. 5.  Chapter 227 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless the state controller determines that earlier payment is necessary, he shall not draw a warrant for less than $25, but shall accumulate claims for less than $25 until:

      1.  The claims of a particular claimant amount to $25 or more; or

      2.  The end of the fiscal year.

      Sec. 6.  NRS 227.160 is hereby amended to read as follows:

      227.160  1.  The state controller shall:

      (a) Audit all claims against the state, for the payment of which an appropriation or authorization has been made but of which the amount has not been definitely fixed by law, which have been examined and passed upon by the state board of examiners, or which have been presented to the board and not examined and passed upon by it within 30 days from their presentation.

      (b) Allow of those claims mentioned in paragraph (a) as not having been passed upon by the state board of examiners within 30 days after presentation the whole, or such portion thereof as he deems just and legal; and of claims examined and passed upon by the state board of examiners, such an amount as he decrees just and legal not exceeding the amount allowed by the board.

      2.  No claim for services rendered or advances made to the state or any officer thereof [shall] may be audited or allowed unless [such] the services or advancement have been specially authorized by law and an appropriation or authorization made for its payment.


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ê1997 Statutes of Nevada, Page 1288 (Chapter 354, SB 473)ê

 

      3.  For the purpose of satisfying himself of the justness and legality of any claim, [he] the state controller may examine witnesses under oath and receive and consider documentary evidence in addition to that furnished him by the state board of examiners. [He] Except as otherwise provided in section 5 of this act, he shall draw warrants on the state treasurer for such amounts as he allows of claims of the character [above described,] described in this section, and also for all claims of which the amount has been definitely fixed by law and for the payment of which an appropriation or authorization has been made.

      Sec. 7.  NRS 227.200 is hereby amended to read as follows:

      227.200  [The] Except as otherwise provided in section 5 of this act, the state controller shall:

      1.  Draw a warrant in favor of any person [, business firm] or governmental payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the state treasurer who shall sign the warrant and:

      (a) Deliver or mail the countersigned warrant, if it is for an account payable, directly to the payee [;] or his representative;

      (b) Deliver the warrant, if it is for payment of an employee, to the employee or to the appropriate state agency for distribution; or

      (c) [Directly deposit the warrant, through an electronic] Deposit the warrant to the credit of the payee through a funds transfer.

      2.  Keep a warrant register, in which he shall enter all warrants drawn by him. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.

      3.  Credit the state treasurer with all warrants paid.

      Sec. 8.  Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      When an officer or employee receives a cash advance for travel from the state treasurer or uses a charge card issued at the request of the state for cash advances or travel expenses, or both, and the receipt of his travel reimbursement may be delayed more than 5 working days after the date of the initial submission of the travel reimbursement claim, the administrative head or his designee shall immediately issue to the officer or employee, for payment to the state treasurer or the issuer of the charge card issued at the request of the state, a cash advance as described in NRS 281.172 in the amount of the cash advance made by the state treasurer or the total travel expenses charged on the charge card, whichever is applicable.

      Sec. 9.  NRS 281.172 is hereby amended to read as follows:

      281.172  1.  Any state officer or employee may apply for advance money for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160, by filing a request with the administrative head of the state office, department or agency by which he is employed.


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ê1997 Statutes of Nevada, Page 1289 (Chapter 354, SB 473)ê

 

      2.  If the administrative head or his designee approves the request he shall [forward] process a voucher for a cash advance for travel in the approved amount in the same manner as other claims against the state are processed.

      3.  Unless otherwise approved by the budget division of the department of administration before the travel occurs, all cash advances for travel issued by the administrative head or his designee must be charged to the budget account to which money was appropriated or authorized for expenditure for the travel.

      4.  If the administrative head or his designee cannot process a cash advance for travel because of a temporary budget restriction, the administrative head or his designee may forward a copy of the request and approval to the state treasurer.

      [3.] 5.  Upon receiving a copy of the request and approval from the administrative head or his designee, the state treasurer or one of his officers or employees whom he has designated for the purpose may issue a check or warrant drawn upon the account for travel advances for the amount of the advance requested.

      Sec. 10.  NRS 281.173 is hereby amended to read as follows:

      281.173  [Such request when approved by the state treasurer shall constitute] A cash advance for travel, when approved by the administrative head or his designee or the state treasurer, constitutes a lien in favor of the State of Nevada upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the administrative head or his designee or the state treasurer may, in his discretion, advance more than the amount of the accrued wages of the officer or employee.

      Sec. 11.  NRS 281.174 is hereby amended to read as follows:

      281.174  1.  Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the account [for travel advances.] from which the advance was made.

      2.  If an advance is not repaid, the administrative head or his designee or the state treasurer may file a claim with the state board of examiners for money to replenish the account [.] from which the advance was made. If the state board approves the claim it must be paid from the reserve for statutory contingency account.

      3.  If an officer or employee of an agency terminates his employment after he receives a payment from the account for travel advances but before repayment to the account, the state treasurer may collect from the agency the amount advanced.

      Sec. 12.  NRS 281.175 is hereby amended to read as follows:

      281.175  The state treasurer may make reasonable rules and regulations to carry out the provisions of NRS 281.171 to 281.175, inclusive [.] , and section 8 of this act.

      Sec. 13.  Chapter 349 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A commission that has issued or proposes to issue state securities may enter into an agreement for an exchange of payments based on interest rates as provided in this section if it finds that such an agreement would be in the best interest of the state.


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ê1997 Statutes of Nevada, Page 1290 (Chapter 354, SB 473)ê

 

rates as provided in this section if it finds that such an agreement would be in the best interest of the state.

      2.  A commission may enter into an agreement to exchange payments based on interest rates only if:

      (a) The long-term debt obligations of the person with whom the commission enters the agreement are rated “A” or better by a nationally recognized rating agency; or

      (b) The obligations pursuant to the agreement of the person with whom the commission enters the agreement are:

             (1) Guaranteed by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency; or

             (2) Collateralized by obligations deposited with the commission or an agent of the commission which would be legal investments for the state pursuant to NRS 355.140 and which have a market value at the time agreement is made of not less than the principal amount upon which the exchange of payments based on interest rates is based.

      3.  A commission may agree, with respect to securities that the commission has issued or proposes to issue bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the state securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.

      4.  A commission may agree, with respect to securities that the commission has issued or proposes to issue bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the state securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.

      5.  The term of an agreement entered into pursuant to this section must not exceed the term of the state securities with respect to which the agreement was made.

      6.  An agreement entered into pursuant to this section is not a debt or indebtedness of the state for the purposes of any limitation upon the indebtedness of the state or any requirement for an election with regard to the issuance of securities that is applicable to the state.

      7.  Limitations upon the rate of interest on a state security do not apply to interest paid pursuant to an agreement entered into pursuant to this section.

      8.  A commission which has entered into an agreement pursuant to this section with respect to those securities may treat the amount or rate of interest on the securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:

      (a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay state securities;


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

ê1997 Statutes of Nevada, Page 1291 (Chapter 354, SB 473)ê

 

      (b) Statutory requirements concerning revenue coverage that are applicable to state securities;

      (c) Tax levies to pay debt service on state securities; and

      (d) Any other amounts which are based upon the rate of interest of state securities.

      9.  Subject to covenants applicable to the securities, any payments required to be made by the commission under the agreement may be made from money pledged to pay debt service on the securities with respect to which the agreement was made or from any other legally available source.

      Sec. 14.  NRS 349.150 is hereby amended to read as follows:

      349.150  NRS 349.150 to 349.364, inclusive, and section 13 of this act may be cited as the State Securities Law.

      Sec. 15.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 355, SB 262

Senate Bill No. 262–Committee on Government Affairs

CHAPTER 355

AN ACT relating to public offices; revising provisions governing the filling of vacancies in certain county and township offices; requiring that a notice be posted at the polling place if a candidate for public office dies within a certain period before a general election or general city election; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 245.170 is hereby amended to read as follows:

      245.170  [When] Except as otherwise provided by specific statute, if a vacancy [exists or occurs] is declared in any county or township office, except the offices of district judge and county commissioner [, the] :

      1.  Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the office is not otherwise scheduled for election at the next ensuing biennial election:

      (a) The board of county commissioners shall appoint a suitable person who is an elector of the county to fill the vacancy until the [1st] first Monday of January after the next ensuing biennial election [.] ;

      (b) The office must be placed on the ballot at that election; and

      (c) The person elected shall serve the remainder of the unexpired term.

      2.  At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the county to serve the remainder of the unexpired term.

      Sec. 2.  NRS 250.040 is hereby amended to read as follows:

      250.040  In case of a vacancy in the office of the county assessor, or failure of any county assessor to qualify as required in this chapter, the board of county commissioners shall appoint [some suitable person possessing the qualifications of an elector, residing within such county,] a person pursuant to NRS 245.170 to fill the vacancy. The person [thus] appointed shall give bond and take the oath of office prescribed by law that is required of county assessors elected by the people .


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

ê1997 Statutes of Nevada, Page 1292 (Chapter 355, SB 262)ê

 

appointed shall give bond and take the oath of office prescribed by law that is required of county assessors elected by the people . [, and shall hold his office until the next ensuing biennial election.]

      Sec. 3.  NRS 253.030 is hereby amended to read as follows:

      253.030  1.  The board of county commissioners shall fill a vacancy in the office of public administrator by appointment [until the next ensuing biennial election.] of a person pursuant to NRS 245.170.

      2.  Any person appointed to the office of public administrator shall, within 10 days, qualify in the same manner as if elected thereto.

      Sec. 4.  NRS 258.030 is hereby amended to read as follows:

      258.030  Except for those townships [which] that the boards of county commissioners have determined do not require an office of constable, if any vacancy exists or occurs in the office of constable in any township, the board of county commissioners shall appoint [some suitable] a person to fill the vacancy [until the next ensuing biennial election.] pursuant to NRS 245.170.

      Sec. 5.  NRS 4.150 is hereby amended to read as follows:

      4.150  1.  [When] If any vacancy occurs in the office of justice of the peace, the board of county commissioners shall either:

      (a) Appoint [some suitable] a person to fill the vacancy [until the next ensuing biennial election;] pursuant to NRS 245.170; or

      (b) Provide by resolution for an election procedure to fill the vacancy for the remainder of the unexpired term.

      2.  The clerk of the board of county commissioners of each county shall, within 10 days after a vacancy has occurred in the office of justice of the peace by resignation or otherwise, certify the fact of such vacancy to the secretary of state.

      Sec. 6.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a candidate whose name appears on the ballot at a general election or general city election dies within the periods set forth in NRS 293.368, the county or city clerk shall post a notice of the candidate’s death at each polling place where the candidate’s name will appear on the ballot.

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

      Sec. 8.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 1293ê

 

CHAPTER 356, SB 281

Senate Bill No. 281–Committee on Judiciary

CHAPTER 356

AN ACT relating to murder; clarifying certain provisions relating to circumstances aggravating first degree murder; providing that nonconsensual sexual penetration immediately before, during or immediately after a murder is a circumstance aggravating first degree murder; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 200.033 is hereby amended to read as follows:

      200.033  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

      2.  The murder was committed by a person who [was previously] , at any time before a penalty hearing is conducted for the murder pursuant to NRS 175.552, is or has been convicted of [another murder or of a] :

      (a) Another murder and the provisions of subsection 12 do not otherwise apply to that other murder; or

      (b) A felony involving the use or threat of violence to the person of another [.] and the provisions of subsection 4 do not otherwise apply to that felony.

For the purposes of this subsection, a person shall be deemed to have been convicted at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, alone or with others, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, [sexual assault,] arson in the first degree, burglary, invasion of the home or kidnaping in the first degree, and the person charged:

      (a) Killed or attempted to kill the person murdered; or

      (b) Knew or had reason to know that life would be taken or lethal force used.

      5.  The murder was committed to avoid or prevent a lawful arrest or to effect an escape from custody.

      6.  The murder was committed by a person, for himself or another, to receive money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman.


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

ê1997 Statutes of Nevada, Page 1294 (Chapter 356, SB 281)ê

 

should have known that the victim was a peace officer or fireman. For the purposes of this subsection, “peace officer” means:

      (a) An employee of the department of prisons who does not exercise general control over offenders imprisoned within the institutions and facilities of the department but whose normal duties require him to come into contact with those offenders, when carrying out the duties prescribed by the director of the department.

      (b) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out those powers.

      8.  The murder involved torture or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      10.  The murder was committed upon a person less than 14 years of age.

      11.  The murder was committed upon a person because of the actual or perceived race, color, religion, national origin, physical or mental disability or sexual orientation of that person.

      12.  The defendant has, in the immediate proceeding, been convicted of more than one offense of murder in the first or second degree. For the purposes of this subsection, a person shall be deemed to have been convicted of a murder at the time the jury verdict of guilt is rendered or upon pronouncement of guilt by a judge or judges sitting without a jury.

      13.  The person, alone or with others, subjected or attempted to subject the victim of the murder to nonconsensual sexual penetration immediately before, during or immediately after the commission of the murder. For the purposes of this subsection:

      (a) “Nonconsensual” means against the victim’s will or under conditions in which the person knows or reasonably should know that the victim is mentally or physically incapable of resisting, consenting or understanding the nature of his conduct, including, but not limited to, conditions in which the person knows or reasonably should know that the victim is dead.

      (b) “Sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of the victim’s body or any object manipulated or inserted by a person, alone or with others, into the genital or anal openings of the body of the victim, whether or not the victim is alive. The term includes, but is not limited to, anal intercourse and sexual intercourse in what would be its ordinary meaning.

      Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1295ê

 

CHAPTER 357, SB 290

Senate Bill No. 290–Committee on Government Affairs

CHAPTER 357

AN ACT relating to municipal obligations; authorizing a metropolitan police committee on fiscal affairs to issue medium-term obligations under certain circumstances; exempting the committee from the requirement of obtaining approval from the executive director of the department of taxation before issuing a medium-term obligation for certain lease-purchase agreements; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 350.087 is hereby amended to read as follows:

      350.087  1.  If the public interest requires a medium-term obligation, the governing body of any local government, by a resolution adopted by two-thirds of its members, may authorize a medium-term obligation. For the purposes of the issuance of a medium-term obligation pursuant to section 4 of this act, a metropolitan police committee on fiscal affairs shall be deemed the governing body of a local government.

      2.  The resolution must contain:

      (a) A finding by the governing body that the public interest requires the medium-term obligation; and

      (b) A statement of the facts upon which the finding is based.

      [2.  Before]

      3.  Except as otherwise provided in subsection 4, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon the resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.

      4.  If such a resolution will be adopted by a metropolitan police committee on fiscal affairs, the sheriff of the county in which the metropolitan police department is located shall publish the notice required pursuant to subsection 3.

      Sec. 2.  NRS 350.089 is hereby amended to read as follows:

      350.089  Except as otherwise provided in NRS 496.155 [:] and section 4 of this act:

      1.  Upon the adoption of a resolution for a medium-term obligation, as provided in NRS 350.087, by a local government, a certified copy thereof must be forwarded to the executive director of the department of taxation. As soon as is practicable, the executive director of the department of taxation shall, after consideration of the tax structure of the local government concerned and the probable ability of the local government to repay the requested medium-term obligation, approve or disapprove the resolution in writing to the governing board. No such resolution is effective until approved by the executive director of the department of taxation. The written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.


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

ê1997 Statutes of Nevada, Page 1296 (Chapter 357, SB 290)ê

 

written approval of the executive director of the department of taxation must be recorded in the minutes of the governing board.

      2.  If the executive director of the department of taxation does not approve the resolution for the medium-term obligation, the governing board of the local government may appeal the executive director’s decision to the Nevada tax commission.

      Sec. 3.  NRS 350.091 is hereby amended to read as follows:

      350.091  1.  Whenever the governing body of any local government is authorized to enter into a medium-term obligation as provided in NRS 350.089 [,] or section 4 of this act, the governing body may issue, as evidence thereof, negotiable notes, leases, other evidence of a transaction described in NRS 350.800, or short-time negotiable bonds.

      2.  Except as otherwise provided in subsection 5 of NRS 496.155, the negotiable notes or bonds:

      (a) Must mature not later than 10 years after the date of issuance.

      (b) Must bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted.

      (c) May, at the option of the local government, contain a provision which allows redemption of the notes or bonds before maturity, upon such terms as the governing body determines.

      3.  If the maximum term of the financing is more than 5 years, the term may not exceed the estimated useful life of the asset to be purchased with the proceeds from the financing.

      Sec. 4.  Chapter 280 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon the adoption of a resolution pursuant to NRS 350.087, the committee may issue a medium-term obligation to purchase capital equipment or enter into a lease-purchase agreement for capital equipment.

      2.  The committee is not required to comply with the provisions of NRS 350.089 if it issues a medium-term obligation for a lease-purchase agreement for capital equipment.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1297ê

 

CHAPTER 358, SB 317

Senate Bill No. 317–Committee on Judiciary

CHAPTER 358

AN ACT relating to gaming; revising the provisions governing the distribution of fees for county gaming licenses; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  In a county whose population is 400,000 or more:

      1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff, if there is no county license department, is liable on his official bond for all money due for the licenses remaining uncollected by reason of his negligence.

      2.  If the county has no county license department, the sheriff shall, on or before the fifth day of each month, pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.

      3.  If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

      4.  All money received for county gaming licenses under this chapter must be apportioned by the county treasurer in the following manner:

      (a) Where the license is collected within the boundaries of any incorporated city, the money must be paid into the general fund of the incorporated city.

      (b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be placed in the town government fund for the general use and benefit of the unincorporated town.

      (c) Where the license is collected outside the boundaries of any incorporated city or unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the money must be retained by the county treasurer for credit to the county general fund.


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

ê1997 Statutes of Nevada, Page 1298 (Chapter 358, SB 317)ê

 

      Sec. 3.  The executive director of the department of taxation shall decrease the rate of property tax otherwise allowed to be levied pursuant to chapter 354 of NRS by each incorporated city in a county whose population is 400,000 or more, and each such incorporated city shall accordingly decrease its property tax levy, for each fiscal year in which money will be distributed pursuant to section 2 of this act, by an amount which when multiplied by the assessed valuation of the incorporated city for the previous fiscal year would produce revenue equal to 25 percent of the amount allocated to the incorporated city pursuant to section 2 of this act in the fiscal year in which the distribution will be received.

      Sec. 4.  NRS 463.323 is hereby amended to read as follows:

      463.323  In a county whose population is less than 400,000:

      1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which the license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on his official bond for all money due for the licenses remaining uncollected by reason of his negligence.

      2.  [On or before the 5th day of each month the sheriff of a county which has no county license department] If the county has no county license department, the sheriff shall , on or before the fifth day of each month, pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.

      3.  [In a county which] If the county has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

      4.  All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:

      (a) Where the license is collected within the boundaries of any incorporated city, the county shall retain 25 percent of the money, and the incorporated city is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city.

      (b) Where the license is collected within the boundaries of any unincorporated town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for the general use and benefit of the unincorporated town.

      Sec. 5.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1299ê

 

CHAPTER 359, SB 349

Senate Bill No. 349–Committee on Government Affairs

CHAPTER 359

AN ACT relating to the Airport Authority of Washoe County; granting the powers and requiring the training of a law enforcement officer as required by certain federal regulations to a person who provides police service to the authority; providing that such a person is a peace officer for the purposes of the provisions governing public employees’ retirement; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Section 10 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 737, Statutes of Nevada 1989, at page 1724, is hereby amended to read as follows:

       Sec. 10.  The authority may do all things necessary to accomplish the purposes of this act. The authority has perpetual succession and may, by way of example and not of limitation:

       1.  Sue and be sued.

       2.  Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.

       3.  Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.

       4.  Sell, lease or otherwise dispose of any real property in such manner and upon such terms and conditions as the board deems proper and in the best interests of the authority.

       5.  Acquire real property or any interest therein in areas most affected by the noise of aircraft for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.

       6.  Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate that airport.

       7.  Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.

       8.  Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.

       9.  Study and recommend to the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the authority with respect to noise, height and aviation obstructions in order to enable the authority to meet the requirements of any regulations of the Federal Aviation Administration.


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

ê1997 Statutes of Nevada, Page 1300 (Chapter 359, SB 349)ê

 

       10.  Control its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.

       11.  Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of the respective county or municipality, and subject to such terms and conditions as may be agreed upon.

       12.  Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.

       13.  Provide its own fire protection, police and crash and rescue service. A person employed by the authority to provide police service to the authority has the powers and must have the training required of a law enforcement officer pursuant to Part 107 of Title 14 of the Code of Federal Regulations, as those provisions existed on January 1, 1997. A person employed by the authority to provide police service shall be deemed to be a peace officer for the purposes of determining retirement benefits under the public employees’ retirement system.

       14.  Contract with carriers with regard to landings and the accommodations of the employees and passengers of those carriers.

       15.  Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airports.

       16.  Hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys or other professional or specialized personnel.

       17.  Adopt regulations governing vehicular traffic on the public areas of its airports relating to but not limited to speed restrictions, turning movements and other moving violations. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.

       18.  Adopt regulations governing parking, loading zones and ground transportation operations on its airports and governing traffic on restricted areas of its airports. The authority may establish a system of:

       (a) Administrative procedures for review of alleged violations of such regulations; and

       (b) Remedies for violations of such regulations, including the imposition of administrative fines to be imposed upon and collected from persons violating such regulations.


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

ê1997 Statutes of Nevada, Page 1301 (Chapter 359, SB 349)ê

 

      Sec. 2.  Notwithstanding the amendatory provisions of section 1 of this act, a person employed by the Airport Authority of Washoe County to provide police service to the authority must comply with the amendatory provisions of section 1 of this act on or before July 1, 1998.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 360, SB 428

Senate Bill No. 428–Senator Regan

CHAPTER 360

AN ACT relating to health insurance; revising provisions mandating benefits for the treatment of the abuse of alcohol or drugs; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 689A.046 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

      Sec. 2.  NRS 689B.036 is hereby amended to read as follows:

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

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


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

ê1997 Statutes of Nevada, Page 1302 (Chapter 360, SB 428)ê

 

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

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

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

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

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

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

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

      Sec. 3.  NRS 695B.194 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

      Sec. 4.  NRS 695C.174 is hereby amended to read as follows:

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


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

ê1997 Statutes of Nevada, Page 1303 (Chapter 360, SB 428)ê

 

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

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

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

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

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

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

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

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

      Sec. 5.  This act becomes effective on January 1, 1998.

________

 

CHAPTER 361, SB 181

Senate Bill No. 181–Committee on Finance

CHAPTER 361

AN ACT making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for computer hardware and software for the new facility in Henderson; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $237,919 for computer hardware and software for the new facility in Henderson.

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

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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

ê1997 Statutes of Nevada, Page 1304ê

 

CHAPTER 362, SB 197

Senate Bill No. 197–Committee on Finance

CHAPTER 362

AN ACT relating to state financial administration; revising the provisions governing the expenditure of money from the fund for the National College of Juvenile and Family Law; making appropriations for the National Judicial College and the National College of Juvenile and Family Law; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 1.480 is hereby amended to read as follows:

      1.480  1.  The fund for the National College of Juvenile and Family Law is hereby created as a special revenue fund. The interest and income earned on the money in the fund, in an amount not exceeding [$100,000] $200,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of [$100,000] $200,000 per year must be credited to the state general fund.

      2.  The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National College of Juvenile and Family Law at the end of each quarter an amount equal to any interest and income credited to the fund during that quarter. The dean may use the money to pay expenses relating to the operation of the college.

      3.  The state board of examiners may, upon making a determination that any portion of the principal of the money in the fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

      4.  The dean shall submit an itemized statement of all of the income and expenditures of the National College of Juvenile and Family Law each year to the legislature or the interim finance committee.

      Sec. 2.  There is hereby appropriated from the state general fund to the fund for the National Judicial College, created by NRS 1.470, the sum of $1,250,000.

      Sec. 3.  There is hereby appropriated from the state general fund to the fund for the National College of Juvenile and Family Law, created by NRS 1.480, the sum of $1,250,000.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever is earlier.

________

 


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

ê1997 Statutes of Nevada, Page 1305ê

 

CHAPTER 363, AB 151

Assembly Bill No. 151–Committee on Judiciary

CHAPTER 363

AN ACT relating to records of criminal history; revising the provisions governing the fees for such records; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 179A.140 is hereby amended to read as follows:

      179A.140  [Agencies of criminal justice:

      1.  Shall charge a fee for information relating to sexual offenses or other records of criminal history furnished in response to a request by a prospective employer concerning an applicant for employment; and

      2.  May]

      1.  An agency of criminal justice may charge a reasonable fee for [any other] information relating to sexual offenses or other records of criminal history furnished to any person or governmental entity except another agency of criminal justice.

      [3.] The central repository shall not charge such a fee for information relating to a person regarding whom the central repository furnished a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.

      2.  All money received or collected by the department pursuant to this section must be used to defray the cost of operating the central repository.

      Sec. 2.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 364, AB 601

Assembly Bill No. 601–Committee on Elections, Procedures, and Ethics

CHAPTER 364

AN ACT relating to irrigation districts; revising provisions governing the qualifications of electors in an irrigation district; authorizing a special election at any time upon the unanimous vote of the board of directors of an irrigation district; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 539.123 is hereby amended to read as follows:

      539.123  1.  Any person 18 years of age or [over,] older, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an “elector” for the purposes of this chapter and is entitled to vote at any election held pursuant to this chapter if the following conditions as to ownership of land are met:


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

ê1997 Statutes of Nevada, Page 1306 (Chapter 364, AB 601)ê

 

      (a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.

      (b) The holder of an undivided interest in land is an elector and, if his interest is community property, his spouse is an elector [whether or not] if the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests [,] in land, one such person may vote upon presenting the written consent of his fellow holders.

      (c) A surface water right must be appurtenant to the acreage.

      2.  An elector is entitled to vote according to the land which he owns outright, as follows:

      (a) Ten acres or less, one vote;

      (b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.

The district shall issue a separate ballot for each vote which an elector is entitled to cast.

      3.  If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.

      4.  Any elector who resides outside the district, who owns land in the district, and who is qualified to vote at district elections shall be deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.

      5.  Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.

      6.  A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to sign petitions, vote and do all things that any elector may do pursuant to this chapter. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

      7.  Corporations , [or] partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president [or vice president] of the corporation , [or] the general partner of the partnership [,] or the members of the limited-liability company, may sign any petition authorized by this chapter, and register and cast the vote of the corporation , [or] partnership or limited-liability company at any election.


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

ê1997 Statutes of Nevada, Page 1307 (Chapter 364, AB 601)ê

 

authorized by this chapter, and register and cast the vote of the corporation , [or] partnership or limited-liability company at any election. If a partnership has more than one general partner, the general partners must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter. If a limited-liability company:

      (a) Has more than one manager, the managers must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

      (b) Does not have a manager, the members must designate one of their number to sign petitions, vote and do the other things that an elector may do pursuant to this chapter.

      8.  Designations or written consents for the purposes of registration and voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

      Sec. 2.  NRS 539.135 is hereby amended to read as follows:

      539.135  The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of [21] 18 years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in the law, to ..... acres of land within the boundaries of the ................ (name of district) and such holding is for all purposes and not simply for this election or matters connected therewith.

      Sec. 3.  NRS 539.137 is hereby amended to read as follows:

      539.137  The registrar shall require registrants on behalf of an entity that is not a natural person to take the following oath, in substance: I am over the age of [21] 18 years, and the (position held) of (name of entity), or have been duly authorized in writing to register on behalf of (name of entity); that the entity is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to ..... acres of land within the boundaries of the ................ (name of district).

      Sec. 4.  NRS 539.188 is hereby amended to read as follows:

      539.188  [1.] For the purposes of NRS 539.237, 539.240, 539.243, 539.297, 539.380, 539.397, 539.410, 539.417, 539.433, 539.465, 539.545, 539.557, 539.577, 539.587 and 539.690, a special election may be held [only if] at any time upon the unanimous vote of the board of directors of an irrigation district . [determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of directors to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.]


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

ê1997 Statutes of Nevada, Page 1308 (Chapter 364, AB 601)ê

 

      Sec. 5.  NRS 539.553 is hereby amended to read as follows:

      539.553  In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:

      1.  The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector, or the percentage interest in acreage held by each elector who holds an undivided interest in land.

      2.  At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders, the entire acreage must be attributed to him.

      3.  An elector is entitled to vote on the proposal according to the land which he owns outright, as follows:

      (a) Ten acres or less, one vote;

      (b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres or a part thereof above 200 acres, one additional vote.

The district shall issue a separate ballot for each vote which an elector is entitled to cast.

      4.  If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 3 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.

      5.  A guardian, executor, administrator or trustee shall be deemed the holder of title or evidence of title to the land in the state for which he is the guardian, executor, administrator or trustee, and has the right to vote pursuant to this section. If there is more than one guardian, executor, administrator or trustee, they must designate one of their number to vote pursuant to this section.

      6.  Corporations , [or] partnerships or limited-liability companies holding land in the district shall be deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, the general partner of such a partnership, the manager of such a limited-liability company, or any other person authorized in writing by the president [or vice president] of the corporation , [or] the general partner of the partnership [,] or the members of the limited-liability company, may cast the vote of the corporation , [or] partnership or limited-liability company pursuant to this section. If a partnership has more than one general partner, the general partners must designate one of their number to cast the vote of the partnership pursuant to this section. If a limited-liability company:


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

ê1997 Statutes of Nevada, Page 1309 (Chapter 364, AB 601)ê

 

      (a) Has more than one manager, the managers must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

      (b) Does not have a manager, the members must designate one of their number to cast the vote of the limited-liability company pursuant to this section.

      7.  Designations or written consents for the purposes of voting as authorized pursuant to this section must be filed with the district not later than 14 days before the election.

      8.  At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.

      9.  If the proposal is not so approved, it is rejected and the result must be entered of record.

      10.  No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.

      11.  For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.

________

 

CHAPTER 365, AB 599

Assembly Bill No. 599–Committee on Health and Human Services

CHAPTER 365

AN ACT relating to cancer; revising provisions governing the system for the reporting of information on cancer; and providing other matters properly relating thereto.

 

[Approved July 9, 1997]

 

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

 

      Section 1.  NRS 457.230 is hereby amended to read as follows:

      457.230  1.  The state health officer shall, pursuant to the regulations of the state board of health, establish and maintain a system for the reporting of information on cancer.

      2.  The system must include a record of the cases of cancer which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

      (a) [Conduct] The conducting of comprehensive epidemiologic surveys of cancer and cancer-related diseases in [the] this state; and

      (b) [Evaluation] The evaluation of the appropriateness of measures for the prevention and control of cancer.


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

ê1997 Statutes of Nevada, Page 1310 (Chapter 365, AB 599)ê

 

      3.  Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer shall report information on cases of cancer to the system.

      4.  Physicians who diagnose or provide treatment for cancer, except for cases directly referred or previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report information on cases of cancer to the system.

      5.  As used in this section, “medical laboratory” has the meaning ascribed to it in NRS 652.060.

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

________

 

CHAPTER 366, SB 452

Senate Bill No. 452–Committee on Taxation

CHAPTER 366

AN ACT relating to the tax on special fuel; providing for the taxation of emulsions of water-phased hydrocarbon fuel as special fuel; revising the rate of the tax on the sale or use of liquefied petroleum gas and compressed natural gas; and providing other matters properly relating thereto.

 

[Approved July 9, 1997]

 

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

 

      Section 1.  NRS 365.060 is hereby amended to read as follows:

      365.060  “Motor vehicle fuel” means gasoline, natural gasoline, casing-head gasoline [and] or any other inflammable or combustible liquid, [by whatever name such liquid may be] regardless of the name by which the liquid is known or sold, the chief use of which in this state is for the propulsion of motor vehicles, motorboats or aircraft other than jet or turbine-powered aircraft. [Kerosene,] The term does not include kerosene, gas oil, fuel oil, fuel for jet or turbine-powered aircraft, diesel fuel , [and] liquefied petroleum gas [are not considered motor vehicle fuel for the purposes of this chapter.] and an emulsion of water-phased hydrocarbon fuel, as that term is defined in section 2 of this act.

      Sec. 2.  Chapter 366 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Emulsion of water-phased hydrocarbon fuel” means a mixture of any hydrocarbon and water if the water is at least 20 percent by volume of the total mixture.

      Sec. 3.  NRS 366.020 is hereby amended to read as follows:

      366.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.025 to 366.100, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 366.060 is hereby amended to read as follows:

      366.060  “Special fuel” means [all combustible gases and liquids] any combustible gas or liquid used for the generation of power for the propulsion of motor vehicles, [except that it] including an emulsion of water-phased hydrocarbon fuel.


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

ê1997 Statutes of Nevada, Page 1311 (Chapter 366, SB 452)ê

 

water-phased hydrocarbon fuel. The term does not include motor vehicle fuel as defined in chapter 365 of NRS.

      Sec. 5.  NRS 366.190 is hereby amended to read as follows:

      366.190  1.  Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 27 cents per gallon on the sale or use of special fuels.

      2.  A tax is hereby imposed at [the] :

      (a) The rate of 19 cents per gallon on the sale or use of an emulsion of water-phased hydrocarbon fuel;

      (b) The rate of [23] 22 cents per gallon on the sale or use of liquefied petroleum gas ; and

      (c) The rate of 21 cents per gallon on the sale or use of compressed natural gas.

      Sec. 6.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 367, AB 387

Assembly Bill No. 387–Committee on Elections, Procedures, and Ethics

CHAPTER 367

AN ACT relating to elections; requiring the appointment of members to the Rocky Mountain Presidential Primary Task Force; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  1.  Six members from this state must be appointed to the Rocky Mountain Presidential Primary Task Force by the following persons:

      (a) One member of the Assembly appointed by the Speaker of the Assembly.

      (b) One member of the Senate appointed by the Majority Leader of the Senate.

      (c) One member of the Assembly appointed by the Minority Leader of the Assembly.

      (d) One member of the Senate appointed by the Minority Leader of the Senate.

      (e) Two members, one from each major political party, appointed by the Governor.

      2.  The members appointed to the task force shall, in cooperation with the members appointed to the task force from other states:

      (a) Propose a common date for a presidential preference caucus or primary election, to be known, as applicable, as the Rocky Mountain Presidential Preference Caucus or Primary Election;

      (b) Assist other states that have appointed members to the task force in proposing legislation that authorizes the participation of those states and this state in the Rocky Mountain Presidential Preference Caucus or Primary Election; and

 


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

ê1997 Statutes of Nevada, Page 1312 (Chapter 367, AB 387)ê

 

state in the Rocky Mountain Presidential Preference Caucus or Primary Election; and

      (c) Recommend methods to increase:

             (1) The interaction between candidates for President of the United States and the voters in the western states; and

             (2) The attention that candidates for President of the United States devote to issues of concern to the voters in the western states, including, but not limited to, the management and use of public land, water and natural resources.

      3.  The membership of any member of the Nevada Legislature who is appointed to the task force pursuant to subsection 1 who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the Legislature is convened.

      4.  The members appointed to the task force pursuant to subsection 1 serve without compensation. While engaged in the business of the task force, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowances and the travel expenses must be paid from the legislative fund.

      Sec. 2.  The appointment of the members to the Rocky Mountain Presidential Primary Task Force required by section 1 of this act must be made as soon as practicable after July 1, 1997.

      Sec. 3.  This act becomes effective on July 1, 1997, and expires by limitation on January 1, 2000.

________

 

CHAPTER 368, AB 367

Assembly Bill No. 367–Committee on Government Affairs

CHAPTER 368

AN ACT relating to bids; repealing the provision that requires the buildings and grounds division of the department of administration to advertise for bids on certain repairs; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 331.010 is hereby amended to read as follows:

      331.010  As used in NRS 331.010 to [331.150,] 331.145, inclusive, unless the context otherwise requires:

      1.  “Buildings and grounds division” means the buildings and grounds division of the department of administration.

      2.  “Chief” means the chief of the buildings and grounds division.

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

      Sec. 2.  NRS 331.020 is hereby amended to read as follows:

      331.020  The buildings and grounds division shall administer the provisions of NRS 331.010 to [331.150,] 331.145, inclusive, subject to administrative supervision by the director.


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

ê1997 Statutes of Nevada, Page 1313 (Chapter 368, AB 367)ê

 

      Sec. 3.  NRS 331.040 is hereby amended to read as follows:

      331.040  The chief [shall] must be selected with special reference to his training, experience, capacity and interest in the activities embraced within NRS 331.010 to [331.150,] 331.145, inclusive.

      Sec. 4.  NRS 331.060 is hereby amended to read as follows:

      331.060  1.  The chief shall, within the limits of legislative appropriations, employ such clerks, engineers, electricians, painters, mechanics, janitors, gardeners and other persons as may be necessary to carry out the provisions of NRS 331.010 to [331.150,] 331.145, inclusive.

      2.  The employees shall perform duties as assigned by the chief.

      3.  The chief is responsible for the fitness and good conduct of all employees.

      Sec. 5.  NRS 331.101 is hereby amended to read as follows:

      331.101  1.  The buildings and grounds operating fund is hereby created as an internal service fund.

      2.  All costs of administering the provisions of NRS 331.010 to [331.150,] 331.145, inclusive, must be paid out of the buildings and grounds operating fund as other claims against the state are paid.

      Sec. 6.  NRS 331.102 is hereby amended to read as follows:

      331.102  1.  The chief shall:

      (a) Maintain accurate records reflecting the costs of administering the provisions of NRS 331.010 to [331.150,] 331.145, inclusive.

      (b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the buildings and grounds division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of NRS 331.010 to [331.150,] 331.145, inclusive, of the cost.

      2.  Each department, agency and institution [,] occupying space in state-owned buildings maintained by the buildings and grounds division, shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the chief, multiplied by the number of rentable square feet occupied by each department, agency or institution.

      3.  Except as otherwise provided in subsection 4, on July 1 of each year each department, agency or institution shall pay to the chief for deposit in the buildings and grounds operating fund the amount of money appropriated to or authorized for [such] the department, agency or institution for building space rental costs pursuant to its budget.

      4.  Any state department, agency or institution may pay building space rental costs required pursuant to subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.

      Sec. 7.  NRS 331.150 is hereby repealed.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 


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

ê1997 Statutes of Nevada, Page 1314ê

 

CHAPTER 369, AB 336

Assembly Bill No. 336–Assemblymen Lee, Braunlin, Koivisto, Tiffany, Amodei, Carpenter, de Braga, Neighbors, Buckley, Perkins, Goldwater, Manendo, Hickey, Herrera, Bache, Dini, Segerblom, Ernaut, Gustavson, Mortenson, Cegavske, Parks, Von Tobel, Giunchigliani, Lambert, Arberry, Krenzer, Freeman, Berman, Close, Williams, Price, Collins, Nolan, Sandoval, Hettrick, Marvel, Humke, Chowning, Evans and Ohrenschall

CHAPTER 369

AN ACT relating to crimes against decency; defining the term “motion picture” for the purpose of prohibiting certain activities concerning the exhibition, sale or rental of certain motion pictures containing obscene material to a minor; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

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

      “Motion picture” means a film, whether or not it has been rated appropriate for a particular audience, that is:

      1.  Placed on a videodisc or videotape; or

      2.  To be shown in a theater or on television,

and includes, without limitation, a cartoon or an animated film.

      Sec. 2.  NRS 201.256 is hereby amended to read as follows:

      201.256  [Unless] As used in NRS 201.256 to 201.265, inclusive, and section 1 of this act, unless the context otherwise requires, the [definitions set forth] words and terms defined in NRS 201.257 to 201.264, inclusive, [govern the construction of NRS 201.256 to 201.265, inclusive.] and section 1 of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 201.265 is hereby amended to read as follows:

      201.265  Except under the circumstances described in NRS 200.720, a person is guilty of a misdemeanor who knowingly:

      1.  Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access for examination any picture, photograph, drawing, sculpture, motion picture [film,] or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors.

      2.  Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, with or without music, which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which is harmful to minors.


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

ê1997 Statutes of Nevada, Page 1315 (Chapter 369, AB 336)ê

 

      3.  Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless the minor is accompanied by his parent, guardian or spouse.

      4.  Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of the minor to any motion picture, show or any other presentation which is harmful to minors.

      5.  Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 370, AB 260

Assembly Bill No. 260–Committee on Ways and Means

CHAPTER 370

AN ACT making appropriations for the completion of Phases I and II of the Implementation Plan for the Business Process Re-Engineering Project of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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 highway fund to the Department of Motor Vehicles and Public Safety the sum of $14,102,711 for the cost of completing Phase II of the Implementation Plan for the Business Process Re-Engineering Project through implementation of the integrated registration and drivers’ license data base at a full-service facility, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.

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

      Sec. 2.  1.  There is hereby appropriated from the state highway fund to the Department of Motor Vehicles and Public Safety the sum of $239,946 for the cost of completing Phase I of the Implementation Plan for the Business Process Re-Engineering Project, as described in the Project Genesis Business Process Re-Engineering Report, dated May 15, 1996.


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

ê1997 Statutes of Nevada, Page 1316 (Chapter 370, AB 260)ê

 

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1998, 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 or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 371, AB 222

Assembly Bill No. 222–Committee on Ways and Means

CHAPTER 371

AN ACT making an appropriation to the Department of Taxation for the development and implementation of computer networks and for the purchase of a modular furniture system; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Taxation the sum of $1,407,286 for:

      1.  The development and implementation of computer networks;

      2.  The payment of computer-related litigation expenses; and

      3.  The purchase of a modular furniture 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, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 372, AB 221

Assembly Bill No. 221–Committee on Ways and Means

CHAPTER 372

AN ACT making appropriations to the State Gaming Control Board for various equipment and for the support of an additional position; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the State Gaming Control Board:

      1.  The sum of $590,072 for a fiber optic system, security system, vehicle safety equipment, security breach equipment, computer equipment and other equipment.


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

ê1997 Statutes of Nevada, Page 1317 (Chapter 372, AB 221)ê

 

      2.  The sum of $176,604 for the support of a position to assist in activities relating to the National Gambling Impact Study Commission.

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

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 

CHAPTER 373, AB 205

Assembly Bill No. 205–Committee on Transportation

CHAPTER 373

AN ACT relating to school buses; requiring school districts to adopt safety programs for pupils who ride school buses; requiring certain pupils to participate in the programs; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  NRS 392.375 is hereby amended to read as follows:

      392.375  1.  [Each] At least twice each school year, a school district shall require all [of] the pupils in the school district who ride a school bus to practice the evacuation of a school bus [twice each school year.] and to receive instruction in the responsibility of a passenger of a school bus to use the emergency exit doors on the bus during an evacuation.

      2.  Each school district shall adopt a safety program which includes, without limitation:

      (a) The procedure for pupils to safely enter and exit a school bus, including entering and exiting with a driver of a school bus as an escort;

      (b) Proper behavior and conduct of pupils while in areas around a school bus where a high risk of danger to pupils exists, including the area that is used to load and unload school buses;

      (c) Behavior and conduct of pupils while on a school bus that will enhance the safety of the pupils;

      (d) Evacuation of pupils from a school bus; and

      (e) The location of emergency equipment on a school bus.

At least annually, a school district shall require all pupils who are enrolled in preschool, kindergarten and in grades 1 to 4, inclusive, in the school district who ride a school bus to participate in the safety program created pursuant to this section.

      3.  If a parent or legal guardian enrolls his child in preschool, kindergarten or grades 1 to 6, inclusive, and the child will be riding a school bus for the first time, the school shall provide the parent or legal guardian, upon enrollment, with written information concerning the safety of pupils on a school bus. The information must include, without limitation:

      (a) A description of each location that is designated to load and unload a school bus which is in geographical proximity to the pupil’s residence;


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

ê1997 Statutes of Nevada, Page 1318 (Chapter 373, AB 205)ê

 

      (b) Rules of conduct for pupils on a school bus and at an area that is designated for pupils to enter and exit a school bus;

      (c) Instructions for the operation of a motor vehicle:

             (1) At school crossing zones and in areas that are designated to load and unload a school bus; and

             (2) When a driver of a school bus operates a system of flashing red lights;

      (d) A description of the area around a school bus that poses a high risk of danger to pupils and other pedestrians; and

      (e) Behavior and conduct for pupils who walk to and from an area that is designated for pupils to enter and exit a school bus that will enhance the safety of the pupils.

      4.  The board of trustees of each school district shall adopt regulations regarding practices conducted pursuant to subsection 1 [,] and participation in safety programs required by subsection 2, including the requirement of such practices and participation in such programs at the beginning of any field trip by school bus.

      Sec. 2.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

 

CHAPTER 374, AB 188

Assembly Bill No. 188–Assemblymen de Braga, Anderson, Neighbors, Lee, Segerblom, Amodei, Hickey, Lambert, Manendo, Bache, Perkins, Freeman, Evans, Chowning, Collins and Dini

CHAPTER 374

AN ACT relating to counties; authorizing each board of county commissioners to create by ordinance the office of coordinator of services for veterans; establishing the duties of the coordinator; authorizing the coordinator to seek support from certain county, state and federal funds; and providing other matters properly relating thereto.

 

[Approved July 8, 1997]

 

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

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish his compensation.

      2.  The coordinator of services for veterans shall:

      (a) Assist a veteran or his spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish his right to any privilege, preference, care or compensation to which he believes that he is entitled;

 

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