[Rev. 3/18/2013 2:46:49 PM]

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ê1997 Statutes of Nevada, Page 3067ê

 

CHAPTER 615, AB 631

Assembly Bill No. 631–Committee on Elections, Procedures, and Ethics

CHAPTER 615

AN ACT relating to the legislature; expanding the duties of the committee to consult with the legislative counsel; revising the provisions governing the reporting of certain expenditures made by lobbyists; creating a revolving account for the purchase and sale of souvenirs; making various other changes concerning the operation of the legislative counsel bureau; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 218.085 is hereby amended to read as follows:

      218.085  1.  The legislative fund is hereby created as a special revenue fund for the use of the legislature, and where specifically authorized by law, for the use of the legislative counsel bureau.

      2.  Support for the legislative fund must be provided by legislative appropriation from the state general fund.

      3.  Expenditures from the legislative fund may be made for:

      (a) The payment of necessary operating expenses of the senate;

      (b) The payment of necessary operating expenses of the assembly;

      (c) The payment of the necessary improvements to the legislative building and its grounds;

      (d) The payment of expenses for the interim operation of the legislature; and

      (e) The payment of necessary operating expenses of, but not limited to:

             (1) The legislative commission;

             (2) The legal division;

             (3) The research division;

             (4) The audit division;

             (5) The fiscal analysis division; and

             (6) The administrative division,

of the legislative counsel bureau.

      4.  Expenditures from the legislative fund for purposes other than those specified in subsection 3 or authorized specifically by another statute may be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.

      5.  [All] Except as otherwise provided in NRS 218.644, all money in the legislative fund must be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.

      Sec. 2.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.


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ê1997 Statutes of Nevada, Page 3068 (Chapter 615, AB 631)ê

 

      2.  For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:

      (a) A per diem expense allowance not to exceed the greater of:

             (1) The rate of $44; or

             (2) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for one day’s travel to and one day’s travel from the session or conference.

      (b) Travel expenses.

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental allowance which must not exceed:

      (a) A total of $6,800 during each regular session of the legislature for:

             (1) His actual expenses in moving to and from Carson City for the session;

             (2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business; and

             (3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and

      (b) A total of $1,000 during each special session of the legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business.

      4.  Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:

      (a) The rate of $44; or

      (b) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.

      5.  Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The legislature has adjourned until a time certain; and

      (b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

      6.  In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

 


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ê1997 Statutes of Nevada, Page 3069 (Chapter 615, AB 631)ê

 

senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

      (a) The legislature has adjourned for more than 4 days; and

      (b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.

      7.  Each senator and assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

      (a) The legislature has adjourned for more than 4 days; and

      (b) The senator or assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,

if the senator or assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

      8.  Each senator and assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $300 during each special session of the legislature.

      9.  An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

      10.  [Claims] Except as otherwise provided in NRS 218.644, claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

      11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the senator or assemblyman submits a signed statement affirming:

      (a) The date of the travel; and

      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      12.  Travel expenses authorized by subsections 2 and 3 are limited to:

      (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more legislators travel in the same private conveyance, the legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.


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ê1997 Statutes of Nevada, Page 3070 (Chapter 615, AB 631)ê

 

      (b) If the travel is not by private conveyance, the actual amount expended.

Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

      Sec. 3.  NRS 218.2205 is hereby amended to read as follows:

      218.2205  1.  During a regular session of the legislature, any legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which he is entitled under NRS 218.220 for a regular session, by filing a request with the majority leader of the senate if a senator, or the speaker of the assembly if an assemblyman.

      2.  The majority leader or the speaker may disapprove a request for advance money for travel. If the majority leader or the speaker approves the request, he shall forward a copy of the request and the approval to the chief of the administrative division of the legislative counsel bureau.

      3.  Upon receiving a copy of the request and the approval from the majority leader or the speaker, the chief of the administrative division shall issue a check drawn upon the checking account of the legislative counsel bureau maintained pursuant to NRS 218.644 for the amount of the advance requested.

      [4.  When approved by the majority leader or the speaker, a request for advance money constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator in an amount equal to the sum advanced.

      5.  The legislator is entitled to receive upon a claim made pursuant to NRS 218.220 any authorized travel expenses in excess of the amount advanced. A legislator shall reimburse the legislative fund any amount advanced that is not used for travel expenses approved pursuant to NRS 218.220.]

      Sec. 4.  NRS 218.2207 is hereby amended to read as follows:

      218.2207  1.  Except as otherwise provided in NRS 218.220, each senator and assemblyman is entitled to receive an allowance for travel in the transaction of legislative business authorized by specific statute or the legislative commission, 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. The allowance is:

      (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

      (b) If the travel is not by private conveyance, the actual amount expended.

      2.  Claims for expenses made pursuant to this section must be [made as other claims are made against the state, and must be] paid from the legislative fund unless otherwise provided by specific statute. A claim for travel expenses must not be paid unless the senator or assemblyman submits a signed statement affirming:

      (a) The date of travel; and


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ê1997 Statutes of Nevada, Page 3071 (Chapter 615, AB 631)ê

 

      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      Sec. 5.  NRS 218.243 is hereby amended to read as follows:

      218.243  1.  The legislative commission shall establish a standing committee [of three members] to consult with the [legislative counsel] director concerning:

      (a) The [effectuation of the limits on requests for drafting which are imposed or advanced by this chapter.

      (b) Any changes in the management of the work load of the legal division of the legislative counsel bureau it may find necessary to ensure the timely drafting of legislation and the effective management of that division.] general management of the legislative counsel bureau;

      (b) The organization and functioning of the legislative counsel bureau; and

      (c) The necessary preparations for the ensuing regular session.

      2.  The committee shall meet with the [legislative counsel] director on or before July 1, September 1 and January 1 next preceding the convening of each regular session, and at such other times as the committee or the [legislative counsel] director may request.

      3.  The committee shall also recommend to the legislative commission any changes in [number] the:

      (a) Number or salary of employees in the [legal division] legislative counsel bureau which it may find necessary to ensure the timely [drafting of legislation.] completion of work required for the ensuing regular session; and

      (b) Management of the work load of the legislative counsel bureau it may find necessary to ensure the completion of work required for the ensuing regular session.

      Sec. 6.  NRS 218.640 is hereby amended to read as follows:

      218.640  [Funds] Except as otherwise provided in NRS 218.644, money to carry out the functions of the legislative counsel bureau [shall] must be provided by legislative appropriation from the state general fund to the legislative fund, and [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the director of the legislative counsel bureau or his designee before they are paid.

      Sec. 7.  NRS 218.642 is hereby amended to read as follows:

      218.642  A petty cash account of the legislative counsel bureau is hereby created for each building in which offices of employees of the legislative counsel bureau are located in the sum of [$500] not more than $1,000 each for the minor expenses of the legislative counsel bureau. Each account must be kept in the custody of an employee designated by the director of the legislative counsel bureau and must be replenished periodically from the legislative fund upon approval of expenditures and submission of vouchers or other documents to indicate payment.


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ê1997 Statutes of Nevada, Page 3072 (Chapter 615, AB 631)ê

 

      Sec. 8.  NRS 218.644 is hereby amended to read as follows:

      218.644  1.  The legislative counsel bureau shall maintain a checking account in any qualified bank for the purposes of providing advance money and reimbursement to legislators and employees for travel expenses , [during a regular session of the legislature,] paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.

      2.  A request for advance money for travel constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator or employee in an amount equal to the sum advanced.

      3.  The legislator or employee is entitled to receive upon request any authorized travel expenses in excess of the amount advanced. The legislator or employee shall reimburse the legislative fund any amount advanced that is not used for reimbursable travel expenses.

      Sec. 9.  NRS 218.6845 is hereby amended to read as follows:

      218.6845  1.  The director may approve the purchase and sale of souvenirs of the Nevada legislature and of the State of Nevada in the legislative building or any building maintained for the use of the legislature or the legislative counsel bureau. The director shall fix reasonable fees for the items which must in the aggregate at least cover the cost to the legislative counsel bureau of purchasing and selling the items.

      2.  The money received from the sale of souvenirs must be deposited in a revolving account in the legislative fund. The money in the revolving account must be used to purchase additional souvenirs for sale and pay any other expenses related to the sale of souvenirs deemed appropriate by the director. The balance in the revolving account not exceeding $150,000 must not be reverted to the legislative fund at the end of the fiscal year.

      Sec. 10.  NRS 218.926 is hereby amended to read as follows:

      218.926  1.  Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month, whether or not any expenditures were made. Each report must be on a form prescribed by the director and must include the total expenditures, if any, made by the registrant on behalf of a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. [Except as otherwise provided in this subsection, the] The report must identify each legislator and each organization whose primary purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made and [, if subsection 2 is applicable,] must be itemized with respect to each such legislator and organization .


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ê1997 Statutes of Nevada, Page 3073 (Chapter 615, AB 631)ê

 

purpose is to provide support for legislators of a particular political party and house on whose behalf expenditures were made and [, if subsection 2 is applicable,] must be itemized with respect to each such legislator and organization . [in the manner required by that subsection.] An expenditure on behalf of a person other than a legislator or an organization whose primary purpose is to provide support for legislators of a particular political party and house need not be reported pursuant to this section unless the expenditure is made for the benefit of a legislator or such an organization.

      2.  If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:

      (a) Entertainment;

      (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

      (c) Gifts and loans, including money, services and anything of value provided to a legislator, to an organization whose primary purpose is to provide support for legislators of a particular political party and house, or to any other person for the benefit of a legislator or such an organization; and

      (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

      3.  The legislative commission may authorize an audit or investigation by the legislative auditor that is proper and necessary to verify compliance with the provisions of this section. A lobbyist shall make available to the legislative auditor all books, accounts, claims, reports, vouchers and other records requested by the legislative auditor in connection with any such audit or investigation. The legislative auditor shall confine his requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.

      Sec. 11.  This act becomes effective on July 1, 1997.

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CHAPTER 616, AB 636

Assembly Bill No. 636–Committee on Ways and Means

CHAPTER 616

AN ACT making an appropriation to the Department of Administration for the support of amateur athletics and recreational programs in certain larger counties; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Administration the sum of $200,000 for allocation to:

Clark County.................................................................................................... $150,000

Washoe County................................................................................................ $50,000


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ê1997 Statutes of Nevada, Page 3074 (Chapter 616, AB 636)ê

 

      Sec. 2.  The money appropriated by section 1 of this act must be used for contributions to the MeFiYi Foundation to support amateur athletics and recreational programs in the respective counties. Not more than 10 percent of the money may be used by the MeFiYi Foundation for administrative costs.

      Sec. 3.  On or before January 15, 1999, the Director of the Department of Administration shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the 70th session of the Nevada Legislature. The report must include a listing of the contributions made to the MeFiYi Foundation pursuant to section 2 of this act, the use of those contributions by the MeFiYi Foundation and the benefits achieved from the use of the contributions.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

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CHAPTER 617, AB 637

Assembly Bill No. 637–Committee on Ways and Means

CHAPTER 617

AN ACT making an appropriation to the Department of Education for support of the “We the People...Project Citizen” program; and providing other matters properly relating thereto.

[Approved July 16, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Department of Education the sum of $32,500 for support of the program “We the People…Project Citizen,” which is designed to improve public understanding of state and local government and the legislative process and sponsored by the National Conference of State Legislatures and the Center for Civic Education.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

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ê1997 Statutes of Nevada, Page 3075ê

 

CHAPTER 618, AB 662

Assembly Bill No. 662–Committee on Ways and Means

CHAPTER 618

AN ACT relating to the commission on substance abuse education, prevention, enforcement and treatment; transferring the commission from the department of employment, training and rehabilitation to the department of motor vehicles and public safety; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 232.910 is hereby amended to read as follows:

      232.910  1.  The department of employment, training and rehabilitation is hereby created. The purpose of the department is to plan, coordinate and carry out various services and activities designed to achieve and support employment and economic independence for disadvantaged, displaced and disabled residents of this state.

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

      (a) Employment security division;

      (b) Rehabilitation division; and

      (c) Such other divisions as the director may establish.

      3.  The Nevada equal rights commission [,] and the board for the education and counseling of displaced homemakers [and the commission on substance abuse education, prevention, enforcement and treatment] are within the department.

      Sec. 2.  NRS 232.920 is hereby amended to read as follows:

      232.920  The director:

      1.  Shall:

      (a) Organize the department into divisions and other operating units as needed to achieve the purposes of the department;

      (b) Upon request, provide the director of the department of administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and

      (c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

      2.  Is responsible for the administration, through the divisions of the department, of the provisions of NRS 458.010 to 458.360, inclusive, chapters 426, 426A, [458,] 612 and 615 of NRS, and all other provisions of law relating to the functions of the department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as specifically provided by law.

      3.  Is responsible for the preparation of a consolidated state plan for the bureau of services to the blind and visually impaired, the bureau of vocational rehabilitation and any other program administered by the rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government.


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ê1997 Statutes of Nevada, Page 3076 (Chapter 618, AB 662)ê

 

rehabilitation division which he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists which prohibits a consolidated plan.

      4.  In developing and revising state plans pursuant to subsection 3, shall consider, among other things, the amount of money available from the Federal Government for the programs of the division and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for the programs.

      5.  May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the department.

      Sec. 3.  NRS 458.010 is hereby amended to read as follows:

      458.010  As used in [this chapter,] NRS 458.010 to 458.360, inclusive, unless the context requires otherwise:

      1.  “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.

      2.  “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.

      3.  “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.

      4.  “Bureau” means the bureau of alcohol and drug abuse in the rehabilitation division of the department.

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

      6.  “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.

      7.  “Department” means the department of employment, training and rehabilitation.

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

      9.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

      Sec. 4.  NRS 458.031 is hereby amended to read as follows:

      458.031  The department shall administer the provisions of [this chapter] NRS 458.010 to 458.360, inclusive, as the sole agency of the State of Nevada for [such] that purpose.

      Sec. 5.  NRS 458.035 is hereby amended to read as follows:

      458.035  The department may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of [this chapter.] NRS 458.010 to 458.360, inclusive.

      Sec. 6.  NRS 458.043 is hereby amended to read as follows:

      458.043  As executive head of the bureau, the chief shall:

      1.  Direct and supervise all administrative and technical activities as provided by [this chapter,] NRS 458.010 to 458.360, inclusive, subject to administrative supervision by the director.


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ê1997 Statutes of Nevada, Page 3077 (Chapter 618, AB 662)ê

 

      2.  Subject to the approval of the director, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the bureau may require.

      Sec. 7.  NRS 458.055 is hereby amended to read as follows:

      458.055  1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services [under this chapter,] pursuant to NRS 458.010 to 458.360, inclusive, the bureau may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the bureau.

      2.  Wherever information concerning persons applying for and receiving any services [under this chapter] pursuant to NRS 458.010 to 458.360, inclusive, is furnished to or held by any other government agency or a public or private institution, the use of such [records by such] information by the agency or institution [shall be bound by the confidentiality rules of the bureau.] is subject to the rules established by the bureau pursuant to subsection 1.

      3.  Except as otherwise provided in NRS 449.705 and chapter 629 of NRS and except for purposes directly connected with the administration of [this chapter,] NRS 458.010 to 458.360, inclusive, a person shall not disclose, use or permit to be disclosed, any confidential information concerning a person receiving services [under the provisions of this chapter.] pursuant to NRS 458.010 to 458.360, inclusive.

      Sec. 8.  NRS 458.091 is hereby amended to read as follows:

      458.091  Alcohol and drug abusers [shall] must be admitted to public or private general medical hospitals which receive federal or state [funds] money for alcohol and drug abuse programs, and [shall] must be treated in such hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to [the provisions of this chapter.] NRS 458.010 to 458.360, inclusive.

      Sec. 9.  NRS 458.100 is hereby amended to read as follows:

      458.100  1.  All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to [a fund to be known as] the state grant and gift account for alcohol and drug abuse which is hereby created in the department of employment, training and rehabilitation’s gift fund.

      2.  Money in the account which has been received:

      (a) Pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.

      (b) From any other source must be used for the purpose of carrying out the provisions of [this chapter] NRS 458.010 to 458.360, inclusive, and other programs or laws administered by the bureau.

      3.  All claims must be approved by the chief before they are paid.

      Sec. 10.  NRS 458.110 is hereby amended to read as follows:

      458.110  In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the bureau may engage in any activity necessary to effectuate the purposes of [this chapter.] NRS 458.010 to 458.360, inclusive.


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ê1997 Statutes of Nevada, Page 3078 (Chapter 618, AB 662)ê

 

      Sec. 11.  NRS 458.115 is hereby amended to read as follows:

      458.115  [Funds] Money to carry out the provisions of [this chapter shall] NRS 458.010 to 458.360, inclusive, must be provided by direct legislative appropriation from the state general fund [, and shall be] and paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the chief before they are paid.

      Sec. 12.  NRS 458.380 is hereby amended to read as follows:

      458.380  1.  The commission on substance abuse education, prevention, enforcement and treatment is hereby created [.] within the department of motor vehicles and public safety.

      2.  The governor shall appoint:

      (a) Three members who represent law enforcement and are knowledgeable in the areas of the penal system, parole and probation and the judicial system;

      (b) Three members who represent the state board of education, local school districts, teachers and programs for the prevention of abuse of drugs and alcohol;

      (c) Three members who are managers of programs which are accredited by the state to treat persons who abuse drugs and alcohol; and

      (d) Four members who represent the general public.

      3.  At least three of the members of the commission must be representatives of northern Nevada, three must be representatives of southern Nevada and three must be representatives of rural Nevada.

      4.  The director of the department of human resources, the superintendent of public instruction, the director of the department of employment, training and rehabilitation, the attorney general and the director of the department of motor vehicles and public safety are ex officio nonvoting members of the commission. An ex officio member may designate a representative to serve in his place on the commission or to attend a meeting of the commission in his place. Each ex officio member or his representative shall attend each meeting of the commission and provide any information which the commission requests.

      5.  The term of office of each appointed member of the commission is 2 years.

      6.  The governor shall appoint one member who is not an elected official to serve as chairman of the commission.

      7.  Each member of the commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 13.  This act becomes effective on July 1, 1997.

________

 


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ê1997 Statutes of Nevada, Page 3079ê

 

CHAPTER 619, AB 641

Assembly Bill No. 641–Committee on Ways and Means

CHAPTER 619

AN ACT relating to motor vehicles; revising the provisions governing certain fees paid to the department of motor vehicles and public safety concerning the control of emissions from motor vehicles; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 445B.830 is hereby amended to read as follows:

      445B.830  1.  In areas of the state where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:

      (a) For the issuance and annual renewal of license for an authorized inspection station, authorized maintenance station, authorized station or fleet station              $25

      (b) For each set of 25 forms certifying emission control compliance  [150]      125

      (c) For each form issued to a fleet station.................................. [6]              5

      2.  Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445B.700 to 445B.845, inclusive.

      3.  The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

      4.  The department of motor vehicles and public safety shall by regulation establish a program to award grants of:

      (a) Money in the pollution control account to agencies in [a nonattainment area] nonattainment or maintenance areas for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control account that equals [1/6] 1/5 of the amount received for each form issued pursuant to subsection 1.

      (b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445B.205 or 445B.500. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year.

      5.  Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

      (a) Review applications for grants and make recommendations for their approval, rejection or modification;


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ê1997 Statutes of Nevada, Page 3080 (Chapter 619, AB 641)ê

 

      (b) Establish goals and objectives for the program for control of emissions from motor vehicles;

      (c) Identify areas where funding should be made available; and

      (d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445B.770.

      6.  Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.

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

________

 

CHAPTER 620, AB 647

Assembly Bill No. 647–Committee on Ways and Means

CHAPTER 620

AN ACT making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources to offset certain unanticipated expenses at the Caliente Youth Center; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the Division of Child and Family Services of the Department of Human Resources the sum of $52,006 to offset an unanticipated shortfall in salaries and operational expenses at the Caliente Youth Center for fiscal year 1996-97. This appropriation is supplemental to that made by section 20 of chapter 446, Statutes of Nevada 1995, at page 1388.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier.

________

 


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

ê1997 Statutes of Nevada, Page 3081ê

 

CHAPTER 621, AB 648

Assembly Bill No. 648–Committee on Taxation

CHAPTER 621

AN ACT relating to local governmental finances; prohibiting a local government from submitting certain claims for interest earned in a prior fiscal year on money received as an apportionment from the county treasurer; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 361.755 is hereby amended to read as follows:

      361.755  1.  At least once each quarter and at such intervals as may be required by the board of county commissioners, the county treasurer [must] shall apportion all the money that [shall have come into his hands] he has received as ex officio tax receiver since the last apportionment into several funds, as provided by law, and [he shall] make out a statement of the [same] apportionment under oath and transmit the statement to the county auditor. The county auditor shall file the statement in his office.

      2.  A local government that receives an apportionment from the county treasurer may not submit a claim for interest earned in a prior fiscal year on the money apportioned, unless the claim is based solely upon an error in the calculation of the money apportioned in that prior fiscal year.

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

________

 

CHAPTER 622, AB 650

Assembly Bill No. 650–Committee on Government Affairs

CHAPTER 622

AN ACT relating to public works; requiring a public body to request from the labor commissioner an identifying number for each project and include that number in the advertisement for bids for the project; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 338.013 is hereby amended to read as follows:

      338.013  1.  A public body that advertises for bids for a public work shall request from the labor commissioner, and include in the advertisement, an identifying number with his designation of the work. That number must be included in any bid submitted in response to the advertisement.

      2.  Each public body which awards a contract for any public work shall report its award to the labor commissioner within 10 days after the award, giving the name and address of each contractor who will be engaged on the [project.


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ê1997 Statutes of Nevada, Page 3082 (Chapter 622, AB 650)ê

 

      2.] work and the identifying number.

      3.  Each contractor engaged on a public work shall report to the labor commissioner the name and address of each subcontractor whom he engages for work on the project within 10 days after the subcontractor commences work on the contract.

      [3.] 4.  The public body which awarded the contract shall report the completion of all work performed under the contract to the labor commissioner before the final payment of money due the contractor by the public body.

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

________

 

CHAPTER 623, AB 652

Assembly Bill No. 652–Committee on Ways and Means

CHAPTER 623

AN ACT relating to veterans’ cemeteries; requiring the separate accounting of money donated for a restricted use at a veterans’ cemetery; authorizing the expenditure of such money; specifying that any money remaining in such an account at the end of a fiscal year does not revert to the state general fund; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 417.220 is hereby amended to read as follows:

      417.220  1.  Money received by the commissioner or the deputy commissioner from:

      (a) Fees pursuant to subsection 3 of NRS 417.210;

      (b) Allowances for burial from the Department of Veterans Affairs or the Social Security Administration;

      (c) Appropriations made by the legislature for veterans’ cemeteries; and

      (d) [Gifts] Except as otherwise provided in subsection 4, gifts of money or proceeds derived from the sale of gifts of personal property he is authorized to accept,

must be deposited with the state treasurer for credit to the account for a veterans’ cemetery in northern Nevada or the account for a veterans’ cemetery in southern Nevada, whichever is appropriate, in the state general fund.

      2.  The interest and income earned on the money in the accounts, after deducting any applicable charges, must be credited to the accounts.

      3.  The money in each account [must] may only be used for the operation and maintenance of the cemetery for which the account was created.

      4.  Gifts of money received by the commissioner or the deputy commissioner which he is authorized to accept and which the donor has restricted to one or more specific uses at a veterans’ cemetery:

      (a) Must be accounted for separately in the state general fund; and

      (b) May only be used in the manner designated by the donor.


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ê1997 Statutes of Nevada, Page 3083 (Chapter 623, AB 652)ê

 

      5.  The interest and income earned on the money in an account created pursuant to subsection 4, after deducting any applicable charges, must be credited to the account.

      6.  Any money remaining at the end of a fiscal year in an account created pursuant to subsection 4 does not revert to the state general fund and must be carried over to the next fiscal year.

      7.  Gifts of personal property which the commissioner or the deputy commissioner is authorized to receive [but] which are [not] :

      (a) Not appropriate for conversion to money may be used in kind.

      (b) Restricted by the donor to a specific use may only be used in accordance with the restriction.

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

________

 

CHAPTER 624, AB 661

Assembly Bill No. 661–Committee on Ways and Means

CHAPTER 624

AN ACT relating to the department of information services; changing the name of the department of information services to the department of information technology; reorganizing the divisions of the department; changing the assignment of certain duties; abolishing the office of the coordinator of communications; repealing the provisions governing certain funds; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 242.031 is hereby amended to read as follows:

      242.031  “Department” means the department of information [services.] technology.

      Sec. 2.  NRS 242.071 is hereby amended to read as follows:

      242.071  1.  The legislature hereby determines and declares that the creation of the department of information [services] technology is necessary for the coordinated, orderly and economical processing of information in state government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.

      2.  The purposes of the department are:

      (a) To perform information services for state agencies.

      (b) To provide technical advice but not administrative control of the information systems within the state agencies, county agencies and governing bodies and agencies of incorporated cities and towns.

      Sec. 3.  NRS 242.080 is hereby amended to read as follows:

      242.080  1.  The department of information [services] technology is hereby created.

      2.  The department consists of the director and the:

      (a) [Division of systems and programming.

      (b) Division of facility management.


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ê1997 Statutes of Nevada, Page 3084 (Chapter 624, AB 661)ê

 

      (c) Division of planning and research.

      (d) Telecommunications division.

      (e) Communications] Planning and programming division.

      (b) Communication and computing division.

      3.  A planning and research unit is hereby created within the planning and programming division of the department.

      4.  A communications unit and a telecommunications unit are hereby created within the communication and computing division of the department.

      Sec. 4.  NRS 242.111 is hereby amended to read as follows:

      242.111  The director shall adopt regulations necessary for the administration of this chapter, including:

      1.  The policy for the information systems of the executive branch of government, excluding the University and Community College System of Nevada and the Nevada criminal justice information computer system, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems [in order that] to meet the requirements of state agencies and officers [may be met] at the least cost to the state;

      2.  The [department’s] procedures of the department in providing information services, which may include provision for the performance, by [any] an agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;

      3.  The effective administration of the communication and computing division , [of facility management,] including security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted; and

      4.  Specifications and standards for the employment of all personnel of the department.

      Sec. 5.  NRS 242.115 is hereby amended to read as follows:

      242.115  1.  Except as otherwise provided in subsection 2, the [division of] planning and research unit of the planning and programming division of the department shall:

      (a) Develop policies and standards for the information systems of the executive branch of government;

      (b) Coordinate the development of a biennial state plan for the information systems of the executive branch of government;

      (c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems;

      (d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the executive branch of government;

      (e) Develop standards to ensure the security of the information systems of the executive branch of government; and

      (f) Perform other planning and research functions at the direction of the director.

      2.  This section does not apply to the University and Community College System of Nevada or the Nevada criminal justice information computer system used to provide support for the operations of law enforcement agencies in this state.


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

ê1997 Statutes of Nevada, Page 3085 (Chapter 624, AB 661)ê

 

system used to provide support for the operations of law enforcement agencies in this state.

      Sec. 6.  NRS 242.191 is hereby amended to read as follows:

      242.191  1.  Except as otherwise provided in subsection 3, the amount receivable from [any] an agency availing itself of the services of the department must be determined by the director in each case and include:

      (a) The annual expense, including depreciation, of operating and maintaining the communication and computing division , [of facility management,] distributed among the agencies in proportion to the services performed for each agency.

      (b) A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the agencies in proportion to the services performed for each agency.

      2.  The director shall prepare and submit monthly to the agencies for which services of the department have been performed an itemized statement of the amount receivable from each agency.

      3.  The director may authorize, if in his judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to an agency.

      Sec. 7.  NRS 233F.045 is hereby amended to read as follows:

      233F.045  “Communications [division”] unit” means the communications unit of the communication and computing division of the department . [of information services.]

      Sec. 8.  NRS 233F.055 is hereby amended to read as follows:

      233F.055  “Department” means the department of information [services.] technology.

      Sec. 9.  NRS 233F.060 is hereby amended to read as follows:

      233F.060  “State communications system” means microwave equipment and associated facilities controlled by the [board] department and leased or used by state agencies, except the state telecommunications system.

      Sec. 10.  NRS 233F.065 is hereby amended to read as follows:

      233F.065  “Telecommunications [division”] unit” means the telecommunications unit of the communication and computing division of the department . [of information services.]

      Sec. 11.  NRS 233F.080 is hereby amended to read as follows:

      233F.080  The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of information [services] technology control over the state telecommunications system intended for use by state agencies and the general public.

      Sec. 12.  NRS 233F.110 is hereby amended to read as follows:

      233F.110  1.  The [board] director may, upon receiving a request for a microwave channel or channels from an agency, approve or disapprove that request.


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

ê1997 Statutes of Nevada, Page 3086 (Chapter 624, AB 661)ê

 

request. If the request is approved, the [board] department shall assign a channel or channels to the agency at a cost which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.

      2.  Except as otherwise provided in subsection 3, a microwave channel assigned by the [board] director to an agency for its use must not be reassigned without the concurrence of the agency.

      3.  The [board] director may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.

      4.  Equipment for microwave channels which is purchased by a using agency becomes the property of the [board] department if the agency fails to use or pay for those channels. The equipment must be used by the [board] department to replace old or obsolete equipment in the state communications system.

      5.  A state agency shall not purchase equipment for microwave stations without prior approval from the [board] director unless:

      (a) The existing services do not meet the needs of the agency; or

      (b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.

      6.  The [board] department shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.

      Sec. 13.  NRS 233F.115 is hereby amended to read as follows:

      233F.115  The [board] director shall designate at least one microwave channel of the state communications system for use by the fire services.

      Sec. 14.  NRS 233F.116 is hereby amended to read as follows:

      233F.116  The [board] department shall not take over the communications system of a state agency unless it does so pursuant to an agreement with the agency.

      Sec. 15.  NRS 233F.117 is hereby amended to read as follows:

      233F.117  If a state agency other than the communications [division of the department of information services] unit adds equipment which extends the state communications system to another location, the extension, if approved by the [board,] director, becomes part of the state communications system. An approved extension of the system is subject to the provisions of this chapter relating to the system.

      Sec. 16.  NRS 233F.118 is hereby amended to read as follows:

      233F.118  1.  If the [board] director considers a proposal to add a service to the state communications system which could be provided by a private company, the [board] director shall:

      (a) Upon the request of a private company which is able to provide the service, provide notice of the proposal and a copy of the related specifications;

      (b) Prepare a statement, based on the specifications, of the cost of the proposed service if it were provided through the state communications system; and


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ê1997 Statutes of Nevada, Page 3087 (Chapter 624, AB 661)ê

 

      (c) Compare its own statement of cost with any other bid submitted by considering at least the relative prices, the quality and reliability of the service proposed and the compatibility of the service proposed with any known future requirements. This comparison must be made available for public review.

      2.  [Any] An interested party may appeal from the findings of the comparison to the interim finance committee, which may approve or modify the findings or reverse the decision of the [board.] director.

      Sec. 17.  NRS 233F.150 is hereby amended to read as follows:

      233F.150  All state agencies shall provide the [board] director with any information which the [board] director requests for the purpose of implementing the provisions of this chapter except where the disclosure of such information is expressly prohibited by law, and otherwise cooperate and assist to the maximum extent possible in the development and joint use of the state communications system.

      Sec. 18.  NRS 233F.160 is hereby amended to read as follows:

      233F.160  1.  The [board] department may be substituted as the contracting party for [any] a state agency in [any] existing agreements entered into by the agency respecting shared facilities for communications. If substituted, the [board] department succeeds to all the rights and obligations of the substituted agency created by the agreement.

      2.  The [board] department may collect and receive fees due on those agreements and any other agreements the [board] department enters pursuant to the provisions of this chapter. All these fees must be deposited in the fund for [the communications division of the department of] information services created pursuant to NRS [233F.148] 242.211 and used by the [board] department to defray the costs of the state communications system.

      3.  All gifts of money which the [board] department is authorized to accept must be deposited in the fund for information services and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.

      Sec. 19.  NRS 233F.260 is hereby amended to read as follows:

      233F.260  The board shall provide advice to the telecommunications [division] unit on the use of telecommunications by the state government , including:

      1.  The development of policies, standards, plans and designs;

      2.  The procurement of systems, facilities and services;

      3.  The integration of telecommunications systems with other state and local governmental systems; and

      4.  New technology that may become or is available.

      Sec. 20.  NRS 233F.270 is hereby amended to read as follows:

      233F.270  1.  The telecommunications [division,] unit, with the advice of the board, shall:

      (a) Plan, carry out and administer a state telecommunications system. When available at a competitive cost, the [division] telecommunications unit shall use the facilities of telephone companies providing local exchange service.


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

ê1997 Statutes of Nevada, Page 3088 (Chapter 624, AB 661)ê

 

      (b) Make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices in one or more buildings as may be practical or feasible.

      2.  The system must be integrated and may include services between the state and any cities, counties and schools.

      3.  The [division] department may consider for the system all the telecommunications requirements of the state and its political subdivisions.

      Sec. 21.  NRS 239.073 is hereby amended to read as follows:

      239.073  1.  The committee to approve schedules for the retention and disposition of official state records, consisting of six members, is hereby created.

      2.  The committee consists of:

      (a) The secretary of state;

      (b) The attorney general;

      (c) The director of the department of administration;

      (d) The state librarian;

      (e) The director of the department of information [services;] technology; and

      (f) One member who is a representative of the general public appointed by the governor.

All members of the committee, except the representative of the general public, are ex officio members of the committee.

      3.  The secretary of state or a person designated by him shall serve as chairman of the committee. The state librarian shall serve as secretary of the committee and prepare and maintain the records of the committee.

      4.  The committee shall meet at least quarterly and may meet upon the call of the chairman.

      5.  An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.

      6.  The committee may adopt rules and regulations for its management.

      Sec. 22.  NRS 277.185 is hereby amended to read as follows:

      277.185  1.  The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security division of the department of employment, training and rehabilitation, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.

      2.  On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend.


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ê1997 Statutes of Nevada, Page 3089 (Chapter 624, AB 661)ê

 

information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of information [services] technology shall assist in effecting the consolidation of the information and the creation of the forms.

      3.  The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.

      Sec. 23.  NRS 284.172 is hereby amended to read as follows:

      284.172  1.  The director shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.

      2.  The request of [any] an appointing authority that is required to use the equipment or services of the department of information [services] technology for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the director of the department of information [services] technology for approval before submission to the department of personnel.

      Sec. 24.  NRS 388.368 is hereby amended to read as follows:

      388.368  1.  The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.

      2.  The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:

      (a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.

      (b) To provide career counseling for all pupils during the 9th and 10th grades.

      (c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.

      (d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).

      (e) To adopt a system for issuing certificates of technical or vocational proficiency.

      (f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.

      (g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.

      (h) To strengthen the relationship between the business community and school districts to promote job training and internships.


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ê1997 Statutes of Nevada, Page 3090 (Chapter 624, AB 661)ê

 

      (i) To encourage statewide participation in the program.

      (j) To meet the continuing educational and developmental needs of teachers and employees of the school district.

      (k) To adopt a process to evaluate the program and to integrate improvements into the program.

      3.  To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:

      (a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.

      (b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the [participants’] skills of the participants to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.

      (c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.

      (d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.

      4.  The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.

      5.  As used in this section, “assisting agencies” means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information [services,] technology, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.

      Sec. 25.  NRS 459.742 is hereby amended to read as follows:

      459.742  The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:


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

ê1997 Statutes of Nevada, Page 3091 (Chapter 624, AB 661)ê

 

      1.  Enter into contracts, leases or other agreements or transactions;

      2.  Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;

      3.  Assist with the development of comprehensive plans for responding to such emergencies in this state;

      4.  Provide technical assistance and administrative support to the telecommunications [division] unit of the communication and computing division of the department of information [services] technology for the development of systems for communication during such emergencies;

      5.  Provide technical and administrative support and assistance for training programs;

      6.  Develop a system to provide public access to data relating to hazardous materials;

      7.  Support any activity or program eligible to receive money from the contingency fund for hazardous materials;

      8.  Adopt regulations setting forth the manner in which the division of emergency management of the department of motor vehicles and public safety [must:] shall:

      (a) Allocate money received by the division which relates to hazardous materials or is received pursuant to Public Law 99-499 or Title I of Public Law 93-633; and

      (b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and

      9.  Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of Public Law 93-633.

      Sec. 26.  NRS 233F.050, 233F.121, 233F.131, 233F.148, 242.213 and 242.215 are hereby repealed.

      Sec. 27.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 625, AB 663

Assembly Bill No. 663–Committee on Labor and Management

CHAPTER 625

AN ACT relating to industrial insurance; authorizing an appeals officer in a proceeding relating to industrial insurance to order the attorney or representative of a party to pay certain costs for causing a continuance or delay of a scheduled hearing under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An appeals officer, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS or regulations adopted pursuant to those chapters, may order the attorney or representative of a party to pay any costs that are incurred by the hearings division of the department of administration for a court reporter or an interpreter.


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

ê1997 Statutes of Nevada, Page 3092 (Chapter 625, AB 663)ê

 

representative of a party to pay any costs that are incurred by the hearings division of the department of administration for a court reporter or an interpreter.

      2.  Before ordering the payment of such costs, the appeals officer must find that the costs were incurred because the attorney or representative of a party caused a continuance or delay in a scheduled hearing by his failure, without good cause, to comply with an order of the appeals officer or a regulation adopted pursuant to chapters 616A to 616D, inclusive, of NRS.

________

 

CHAPTER 626, AB 664

Assembly Bill No. 664–Committee on Judiciary

CHAPTER 626

AN ACT relating to corporations; extending the rights of inspection enjoyed by certain stockholders under certain circumstances; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 78.257 is hereby amended to read as follows:

      78.257  1.  Any person who has been a stockholder of record of any corporation and owns not less than 15 percent of all of the issued and outstanding shares of the stock of such corporation or has been authorized in writing by the holders of at least 15 percent of all its issued and outstanding shares, upon at least 5 days’ written demand, is entitled to inspect in person or by agent or attorney, during normal business hours, the books of account and all financial records of the corporation, to make extracts therefrom, and to conduct an audit of such records. Holders of voting trust certificates representing 15 percent of the issued and outstanding shares of the corporation shall be regarded as stockholders for the purpose of this subsection. The right of stockholders to inspect the corporate records [shall] may not be limited in the articles or bylaws of any corporation.

      2.  All costs for making extracts of records or conducting an audit [shall] must be borne by the person exercising his rights under subsection 1.

      3.  The rights authorized by subsection 1 may be denied to any stockholder upon his refusal to furnish the corporation an affidavit that such inspection, extracts or audit is not desired for any purpose not related to his interest in the corporation as a stockholder. Any stockholder or other person, exercising rights under subsection 1, who uses or attempts to use information, documents, records or other data obtained from the corporation, for any purpose not related to the stockholder’s interest in the corporation as a stockholder, is guilty of a gross misdemeanor.

      4.  If any officer or agent of any corporation keeping records in this state willfully neglects or refuses to permit an inspection of the books of account and financial records upon demand by a person entitled to inspect them, or refuses to permit an audit to be conducted, as provided in subsection 1, the corporation shall forfeit to the state the sum of $100 for every day of such neglect or refusal, and the corporation, officer or agent thereof is jointly and severally liable to the person injured for all damages resulting to him.


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

ê1997 Statutes of Nevada, Page 3093 (Chapter 626, AB 664)ê

 

every day of such neglect or refusal, and the corporation, officer or agent thereof is jointly and severally liable to the person injured for all damages resulting to him.

      5.  A stockholder who brings an action or proceeding to enforce any right under this section or to recover damages resulting from its denial:

      (a) Is entitled to costs and reasonable attorney’s fees, if he prevails; or

      (b) Is liable for such costs and fees, if he does not prevail,

in the action or proceeding.

      6.  [The] Except as otherwise provided in this subsection, the provisions of this section do not apply to any corporation listed and traded on any recognized stock exchange nor do they apply to any corporation that furnishes to its stockholders a detailed, annual financial statement. A person who owns, or is authorized in writing by the owners of, at least 15 percent of the issued and outstanding shares of the stock of a corporation that has elected to be governed by subchapter S of the Internal Revenue Code and whose shares are not listed or traded on any recognized stock exchange is entitled to inspect the books of the corporation pursuant to subsection 1 and has the rights, duties and liabilities provided in subsections 2 to 5, inclusive.

________

 

CHAPTER 627, AB 665

Assembly Bill No. 665–Committee on Ways and Means

CHAPTER 627

AN ACT relating to public employees; making appropriations from the state general fund and the state highway fund to the state board of examiners for increases in the salaries of certain employees of the State of Nevada; increasing the salaries of certain employees; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  1.  Except as otherwise provided in this act, to effect increases in salaries of approximately 3 percent, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal periods beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, the sums of $7,625,089 and $7,931,161, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 69th session of the legislature and the requirements for salaries of the classified personnel of those departments, commissions and agencies, including the judicial branch, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 1997.

      2.  There is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal period beginning July 1, 1998, and ending June 30, 1999, the sum of $8,011,473 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1998.


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

ê1997 Statutes of Nevada, Page 3094 (Chapter 627, AB 665)ê

 

approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1998.

      3.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the respective departments, commissions and agencies under the adjusted pay plan.

      Sec. 2.  1.  To effect increases in salaries of approximately 3 percent, there is hereby appropriated from the state highway fund to the State Board of Examiners for the fiscal periods beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, the sums of $1,588,246 and $1,706,886, respectively, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles and Public Safety, the Public Service Commission of Nevada and the Attorney General’s Office as fixed by the 69th session of the legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles and Public Safety, the Public Service Commission of Nevada and the Attorney General’s Office necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1997.

      2.  There is hereby appropriated from the state highway fund to the State Board of Examiners for the fiscal period beginning July 1, 1998, and ending June 30, 1999, the sum of $1,753,974 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1998.

      3.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the Department of Motor Vehicles and Public Safety, the Public Service Commission of Nevada and the Attorney General’s Office out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles and Public Safety, the Public Service Commission of Nevada and the Attorney General’s office under the adjusted pay plan.

      Sec. 3.  1.  To effect increases in salaries of approximately 3 percent, there is hereby appropriated from the state general fund to the State Board of Examiners for the fiscal periods beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, the sums of $1,792,108 and $1,845,964, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 69th session of the legislature and the requirements for salaries of the classified personnel of the University and Community College System of Nevada necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective July 1, 1997.


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

ê1997 Statutes of Nevada, Page 3095 (Chapter 627, AB 665)ê

 

      2.  There is hereby appropriated from the state general fund to the state board of examiners for the fiscal period beginning July 1, 1998, and ending June 30, 1999, the sum of $1,851,285 to provide a salary increase of approximately 3 percent for classified employees described in subsection 1 to become effective July 1, 1998.

      3.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, the sums of $5,430,283 and $5,593,317, respectively, for the purpose of increasing the salaries of the professional employees of the University and Community College System of Nevada, except those employees whose salaries have been retained, to become effective July 1, 1997.

      4.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada for the fiscal year beginning July 1, 1998, and ending June 30, 1999, the sum of $5,681,159 for the purpose of increasing salaries of professional employees of the University and Community College System of Nevada described in subsection 3.

      5.  The State Board of Examiners, upon the recommendation of the Director of the Department of Administration, may allocate and disburse to the University and Community College System of Nevada out of the money appropriated by subsections 1 and 2 such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equals the amount of money required to pay the salaries of the classified employees of the University and Community College System of Nevada under the adjusted pay plan.

      Sec. 4.  The money appropriated for fiscal years 1997-98 and 1998-99, in sections 1, 2 and 3 of this act is available for both fiscal years 1997-98 and 1998-99, and may be transferred from one fiscal year to the other with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. Any balance of that money must not be committed for expenditure after June 30, 1999, and reverts to the fund from which it was appropriated as soon as all payments of money committed have been made.

      Sec. 5.  1.  To effect increases in salaries of approximately 3 percent, there is hereby appropriated from the state general fund to the legislative fund for the fiscal years beginning July 1, 1997, and ending June 30, 1998, and beginning July 1, 1998, and ending June 30, 1999, the sums of $356,829 and $364,004, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money as fixed by the 69th session of the legislature and the requirements for salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations, except those employees whose salaries have been retained, to become effective July 1, 1997.

      2.  There is hereby appropriated from the state general fund to the legislative fund for the fiscal year beginning July 1, 1998, and ending June 30, 1999, the sum of $364,263 to provide a salary increase of approximately 3 percent to take effect July 1, 1998.


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

ê1997 Statutes of Nevada, Page 3096 (Chapter 627, AB 665)ê

 

      3.  The money appropriated for fiscal years 1997-98 and 1998-99, in this section is available for both fiscal years 1997-98 and 1998-99, and may be transferred from one fiscal year to the other. Any balance of the money appropriated in this section must be carried forward for use in the next legislative session and does not revert to the state general fund.

      Sec. 6.  1.  Employees filling the following positions in the classified service may receive annual salaries not to exceed the following specified amounts, effective July 1, 1997:

 

                                                                                                                                 Approximate

                                                                                                                                       Annual

      Title or Position                                                                                                      Salary

 

Senior physician (Range A).................................................................          $101,222

Senior physician (Range B)..................................................................            109,825

Senior physician (Range C)..................................................................            113,844

Senior psychiatrist (Range A)..............................................................            109,825

Senior psychiatrist (Range B)..............................................................            113,843

Senior psychiatrist (Range C)..............................................................            129,411

State health officer (Range A)..............................................................            113,843

State health officer (Range B)..............................................................            115,980

State health officer (Range C)..............................................................            118,121

Senior institutional dentist (Range A)................................................              89,770

Senior institutional dentist (Range B).................................................            101,285

Medical director (State laboratory).....................................................            113,843

Veterinary diagnostician.......................................................................              65,752

Senior veterinary diagnostician...........................................................              68,293

Veterinary epidemiologist.....................................................................              70,970

Veterinary supervisor (Animal disease laboratory)..........................              70,970

 

As used in this section, a senior psychiatrist (Range B) is a psychiatrist eligible for certification by the American Board of Psychiatry. A senior psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry. A senior psychiatrist (Range A) is a psychiatrist not so certified or eligible.

      2.  The maximum annual salary for the positions listed in subsection 1, except those whose salaries have been retained, shall be adjusted effective July 1, 1998, by the same percentage increase provided for state employees generally.

      Sec. 7.  The State Board of Examiners shall allocate from the amounts appropriated by section 1 of this act to the Tahoe Regional Planning Agency to provide for Nevada’s share of a salary increase of the same percentage granted to classified employees of the State of Nevada which take effect on July 1, 1997, and July 1, 1998, the sum of no more than $20,632 for the fiscal year 1997-98 and the sum of no more than $42,490 for the fiscal year 1998-99.

      Sec. 8.  1.  To effect a one-grade pay increase on the classified employee compensation plan for certain information services personnel, there is hereby appropriated from the state general fund to the state board of examiners for fiscal years 1997-98 and 1998-99, the sums of $93,203 and $105,312, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain information services personnel.


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

ê1997 Statutes of Nevada, Page 3097 (Chapter 627, AB 665)ê

 

examiners for fiscal years 1997-98 and 1998-99, the sums of $93,203 and $105,312, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain information services personnel.

      2.  To effect a one-grade pay increase on the classified employee compensation plan for certain information services personnel, there is hereby appropriated from the state highway fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $135,249 and $146,010, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain information services personnel.

      3.  The Department of Personnel shall designate those information services classes eligible for the one-grade increases pursuant to this section.

      Sec. 9.  1.  To effect a one-grade pay increase on the classified employee compensation plan for certain information services personnel employed by the University and Community College System of Nevada, there is hereby appropriated from the state general fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $180,761 and $186,965, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 69th session of the legislature and the requirements for salaries of certain information services personnel.

      2.  The Department of Personnel shall designate those information services classes eligible for the one-grade increases pursuant to this section.

      Sec. 10.  1.  To effect a two-grade pay increase on the classified employee compensation plan for certain law enforcement personnel, there is hereby appropriated from the state general fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $321,714 and $351,708, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain law enforcement personnel.

      2.  To effect a two-grade pay increase on the classified employee compensation plan for certain law enforcement personnel, there is hereby appropriated from the state highway fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $38,510 and $40,891, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain law enforcement personnel.

      3.  The department of personnel shall designate those law enforcement classes eligible for the two-grade increases pursuant to this section.

      Sec. 11.  1.  To effect a two-grade pay increase on the classified employee compensation plan for certain law enforcement personnel employed by the University and Community College System of Nevada, there is hereby appropriated from the state general fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $114,342 and $125,224, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 69th session of the legislature and the requirements for salaries of certain law enforcement personnel.


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

ê1997 Statutes of Nevada, Page 3098 (Chapter 627, AB 665)ê

 

of Examiners for fiscal years 1997-98 and 1998-99, the sums of $114,342 and $125,224, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the University and Community College System of Nevada as fixed by the 69th session of the legislature and the requirements for salaries of certain law enforcement personnel.

      2.  The Department of Personnel shall designate those law enforcement classes eligible for the two-grade increases pursuant to this section.

      Sec. 12.  1.  To effect a one-grade pay increase on the classified employee compensation plan for certain medical personnel, there is hereby appropriated from the state general fund to the state board of examiners for fiscal years 1997-98 and 1998-99, the sums of $572,170 and $602,824, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain medical personnel.

      2.  The Department of Personnel shall designate those medical classes eligible for the one-grade increases pursuant to this section.

      Sec. 13.  1.  To effect a two-grade pay increase on the classified employee compensation plan for certain parole and probation personnel, there is hereby appropriated from the state general fund to the State Board of Examiners for fiscal years 1997-98 and 1998-99, the sums of $1,372,490 and $1,456,179, respectively, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of certain parole and probation personnel.

      2.  The department of personnel shall designate those parole and probation classes eligible for the two-grade increases pursuant to this section.

      Sec. 14.  If any of the amounts appropriated by sections 8 to 13, inclusive, of this act, are insufficient to implement 1 or 2 grade increases in the classified employee pay plan for certain information services, law enforcement, medical and parole and probation personnel as determined by the Department of Personnel, a request may be made to the State Board of Examiners to transfer money appropriated by sections 1 and 2 of this act. Money appropriated by section 1 of this act must only be transferred and used for general fund positions. Money appropriated by section 2 of this act must only be transferred and used for highway fund positions.

      Sec. 15.  If the amounts appropriated to the budgets of certain elected officials are exceeded as a result of the passage of Assembly Bill No. 560 of this session, a request may be made to the State Board of Examiners to transfer money appropriated by section 1 of this act. The amounts so transferred must not exceed the additional cost resulting from the passage of Assembly Bill No. 560 of this session.

      Sec. 16.  If the amounts appropriated to budgets which include classified medical personnel are exceeded as a result of any increase as outlined in section 6 of this act, a request may be made to the State Board of Examiners to transfer money appropriated by section 1 of this act.


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

ê1997 Statutes of Nevada, Page 3099 (Chapter 627, AB 665)ê

 

to transfer money appropriated by section 1 of this act. The amounts so transferred must not exceed the difference between the amounts budgeted for classified medical positions and the actual cost of classified medical positions.

      Sec. 17.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 628, AB 667

Assembly Bill No. 667–Committee on Health and Human Services

CHAPTER 628

AN ACT relating to county hospital districts; making certain technical changes required to carry out the provisions of Assembly Bill No. 600 of this session; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act:

      Sec. 2.  1.  If a hospital district created pursuant to NRS 450.550 to 450.700, inclusive, includes territory within more than one county, the board of trustees of the hospital district must consist of three members of the board of county commissioners that created the district and:

      (a) Three members of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is two-thirds or more of the total area of the county;

      (b) Two members of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is more than one-third of the total area of the county but less than two-thirds of the total area of the county; or

      (c) One member of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is one-third or less of the total amount of the area of the county.

      2.  Each member of the board of trustees appointed pursuant to this section must be appointed by the board of county commissioners of which he is a member.

      3.  The term of office of the members of the board of trustees is 3 years.

      4.  A member who ceases to be a member of the board of county commissioners that appointed him ceases to be a member of the board of trustees.

      5.  Any vacancy must be filled for the unexpired term by the board of county commissioners that appointed the member who created the vacancy.

      Sec. 3.  For the purposes of NRS 422.382, if a hospital district created pursuant to NRS 450.550 to 450.700, inclusive, includes territory within more than one county, the board of county commissioners of the county in which the hospital is located shall be deemed to be the local government responsible for transferring payments of money to the department of human resources for treatment of medically indigent patients pursuant to the provisions of that section.


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

ê1997 Statutes of Nevada, Page 3100 (Chapter 628, AB 667)ê

 

which the hospital is located shall be deemed to be the local government responsible for transferring payments of money to the department of human resources for treatment of medically indigent patients pursuant to the provisions of that section.

      Sec. 4.  The board of trustees, with the approval of the board of county commissioners, if the board of county commissioners is not the board of hospital trustees, or, if the district in which the hospital is located includes territory within more than one county, with the approval of the board of county commissioners of each of those counties, may, by resolution:

      1.  Mortgage or pledge the personal property of the hospital, including accounts receivable, and enter into agreements for the sale and leasing back to the hospital of its personal property to provide security for acquiring money for the operation of the hospital; and

      2.  Acquire real property for the expansion of the hospital by entering into a contract for purchase of a type and duration and on such terms as the governing body determines, including a contract secured by a mortgage or other security interest in the real property.

      Sec. 5.  NRS 450.255 is hereby amended to read as follows:

      450.255  The board of trustees of a county [or district] hospital, with the approval of the board of county commissioners , if the board of county commissioners is not the board of hospital trustees, may, by resolution:

      1.  Mortgage or pledge the personal property of the hospital, including accounts receivable, and enter into agreements for the sale and leasing back to the hospital of its personal property [in order] to provide security for acquiring money for the operation of the hospital; and

      2.  Acquire real property for the expansion of the hospital by entering into a contract for purchase of a type and duration and on such terms as the governing body determines, including a contract secured by a mortgage or other security interest in the real property.

      Sec. 6.  NRS 450.550 is hereby amended to read as follows:

      450.550  As used in NRS 450.550 to 450.700, inclusive, and sections 2, 3, and 4 of this act, unless the context otherwise requires:

      1.  “Board of trustees” means:

      (a) A board of hospital trustees [elected] :

             (1) Elected pursuant to NRS 450.620; or

             (2) Appointed pursuant to section 2 of this act; or

      (b) [The] A board of county commissioners , if [an ordinance has been enacted] that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees.

      2.  “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.

      Sec. 7.  NRS 450.560 is hereby amended to read as follows:

      450.560  1.  The board of county commissioners of any county may of its own motion establish a hospital district [or districts in such county] in the manner prescribed in NRS 450.550 to 450.700, inclusive. [Such power] The establishment of a hospital district is in addition to any other powers granted to a board of county commissioners pursuant to NRS 450.010 to 450.510, inclusive.


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

ê1997 Statutes of Nevada, Page 3101 (Chapter 628, AB 667)ê

 

      2.  Except as otherwise provided in this subsection, a hospital district specified in subsection 1 may include territory within more than one county. If the establishment of such a district is proposed by a board of county commissioners, the district may be established only if the board of county commissioners of each county included within the district, other than the county of the board of county commissioners that proposes to establish the district, adopts a resolution approving the establishment of the district.

      Sec. 8.  NRS 450.570 is hereby amended to read as follows:

      450.570  The notice of intent to [exercise such power shall:

      1.  Be headed “Notice of the proposed formation of hospital district in ................ County (stating] establish a hospital district must:

      1.  State the name of the proposed district and the name of the county or counties in which the proposed district is located . [).”]

      2.  State the [fact that the board of county commissioners of the county has fixed the] time and place [(which shall be stated in the notice)] fixed by the board of county commissioners for a hearing on the [matter of the formation of a county hospital] proposed establishment of the district.

      3.  Describe the territory or [shall] specify the exterior boundaries of the territory proposed to be [organized into a hospital] included within the district, which boundaries, so far as practicable, [shall] must be the centerlines of highways.

      4.  Be published once a week for 2 successive weeks [prior to] before the time fixed for the hearing in [the] a newspaper designated by the board of county commissioners.

      Sec. 9.  NRS 450.580 is hereby amended to read as follows:

      450.580  1.  At or before the time fixed for the hearing of the [matter, or at any time prior thereto,] proposed establishment of a hospital district, any person interested may file [with the clerk of the board] written objections to the [formation] establishment of the district [.] with the clerk of the board of county commissioners that proposes to establish the district.

      2.  At the [time fixed for the hearing, or to which the hearing may be adjourned,] hearing, the board of county commissioners shall hear [the] and consider any objections filed [, if any, and pass upon the same.] pursuant to subsection 1.

      3.  The board may [, in its discretion, sustain any or all of the] :

      (a) Sustain any objections filed [and may change] pursuant to subsection 1;

      (b) Change or alter the boundaries of [such] the proposed district to conform to the [needs] requirements of the district ; and [to exclude therefrom]

      (c) Exclude from the district any land that will not be benefited by the [formation of such a] establishment of the district.

      Sec. 10.  NRS 450.590 is hereby amended to read as follows:

      450.590  1.  [When] Except as otherwise provided in subsection 3, if 25 percent or more of the holders of title or evidence of title to lands lying within the proposed district, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land lies, setting forth the exterior boundaries of the proposed district and asking that the district so described be [formed into] established within a county hospital district [under] pursuant to the provisions of NRS 450.550 to 450.700, inclusive, the board of county commissioners shall [pass] adopt a resolution declaring the [board’s intention to form or organize such territory into] intention of the board to include the territory within a county hospital district, naming the district and describing its exterior boundaries.


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

ê1997 Statutes of Nevada, Page 3102 (Chapter 628, AB 667)ê

 

be [formed into] established within a county hospital district [under] pursuant to the provisions of NRS 450.550 to 450.700, inclusive, the board of county commissioners shall [pass] adopt a resolution declaring the [board’s intention to form or organize such territory into] intention of the board to include the territory within a county hospital district, naming the district and describing its exterior boundaries.

      2.  The resolution [shall:] must:

      (a) Fix a time and place for the hearing of the [matter] proposed establishment of the district not less than 30 days after its adoption.

      (b) Direct the clerk of the board of county commissioners to publish [the] :

             (1) The notice of intention of the board of county commissioners to [form such] establish the county hospital district [, and of the] ; and

             (2) The time and place fixed for the hearing . [, and shall designate that publication shall be in some]

      (c) Designate that the notice must be published in a newspaper of general circulation published in the county and circulated in the proposed county hospital district, or if there is no newspaper so published and circulated , then in [some] a newspaper of general circulation circulated in the proposed district.

      3.  The provisions of this section do not apply to a proposed hospital district if it includes territory within more than one county.

      Sec. 11.  NRS 450.620 is hereby amended to read as follows:

      450.620  1.  Except as otherwise provided in subsection 2 [,] and section 2 of this act, if a hospital district is created pursuant to NRS 450.550 to 450.700, inclusive, the board of county commissioners shall provide by ordinance for:

      (a) The number of members of the board of trustees [who shall govern the hospital;

      (b) Their] ;

      (b) The term of office [,] of the trustees, which must not exceed 4 years; and

      (c) The times and manner of [their election,] the election of the trustees, which must be nonpartisan.

      2.  [The] If a hospital district specified in subsection 1 does not include territory within more than one county, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

      (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

      (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

      3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

      (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;


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

ê1997 Statutes of Nevada, Page 3103 (Chapter 628, AB 667)ê

 

      (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

      (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;

             (2) The hospital failed to fulfill its statutory financial obligations, [such as] including the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

             (3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or [licensure] license of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

      Sec. 12.  NRS 450.660 is hereby amended to read as follows:

      450.660  1.  At the time of making the levy of county taxes for that year, [the boards of county commissioners] each board of trustees shall levy a tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise the amount so budgeted upon [all property, both] any real and personal [,] property that is subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines [as authorized in] pursuant to this section must be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax must be [entered] :

      (a) Entered upon the assessment rolls of each county that is included within the district; and [collected]

      (b) Collected in the same manner as state and county taxes.

      3.  When the tax is collected it must be [placed] :

      (a) Placed in the treasury of the county in which the district hospital is located;

      (b) Credited to [the credit of] the current expense fund of the district [, and must be used] ; and

      (c) Used only for the purpose for which it was raised.

      Sec. 13.  NRS 450.665 is hereby amended to read as follows:

      450.665  1.  The board of trustees may borrow money and incur or assume indebtedness on behalf of the county hospital district if the total amount of [all such] the indebtedness, excluding revenue bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 10 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, located within the district.

      2.  The board of trustees shall not borrow money or issue securities to evidence such borrowing until the board has obtained the approval of the:

      (a) Debt management commission; and

      (b) Board of county commissioners,

of [the] each county in which the hospital district is located.


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

ê1997 Statutes of Nevada, Page 3104 (Chapter 628, AB 667)ê

 

      Sec. 14.  NRS 450.700 is hereby amended to read as follows:

      450.700  1.  The board of [county commissioners of the county in which a district hospital is located] trustees may determine whether patients presented to the district hospital for treatment are subjects of charity. Except as otherwise provided in NRS 439B.330, the board of [county commissioners] trustees shall establish [by ordinance] the criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.

      2.  The board of trustees shall fix the charges for treatment of those persons who are able to pay for [it, as the board deems just and proper.] the treatment. The receipts [therefor] for those charges must be paid to the county treasurer of the county in which the district hospital is located and credited by him to the fund for the district.

      Sec. 15.  This act becomes effective upon passage and approval.

________

 

CHAPTER 629, AB 669

Assembly Bill No. 669–Committee on Ways and Means

CHAPTER 629

AN ACT relating to the University and Community College System of Nevada; authorizing certain capital projects at the campuses in Las Vegas and Reno; authorizing the issuance of general obligations of the state to pay the cost of the projects; pledging certain revenues as additional security for those obligations; and providing other matters properly relating thereto.

 

[Approved July 16, 1997]

 

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

 

      Section 1.  NRS 463.385 is hereby amended to read as follows:

      463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

      2.  The commission shall:

      (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

      (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

      (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

      3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.


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

ê1997 Statutes of Nevada, Page 3105 (Chapter 629, AB 669)ê

 

which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.

      4.  During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:

      (a) The first $5,000,000 of the tax in the capital construction fund for higher education;

      (b) Twenty percent of the tax in the special capital construction fund for higher education; and

      (c) The remainder of the tax in the state distributive school account in the state general fund.

      5.  There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, [and] the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991 [.] , and the bonds authorized to be issued by section 2 of this act. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

      6.  After the requirements of subsection 5 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including , but not limited to , capital improvement projects for the community colleges of the University and Community College System of Nevada.


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

ê1997 Statutes of Nevada, Page 3106 (Chapter 629, AB 669)ê

 

and Community College System of Nevada. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.

      7.  The money deposited in the state distributive school account in the state general fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

      8.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

      Sec. 2.  1.  The Board of Regents of the University of Nevada shall issue not more than $55,000,000 in face amount of general obligation bonds of the State of Nevada to provide money necessary to accomplish the purposes of this act. The bonds may be issued at one time or from time to time.

      2.  The Board of Regents of the University of Nevada, on behalf and in the name of the State of Nevada, may, consistent with the provisions of the State Securities Law:

      (a) Finance the improvement, refurnishing and renovation of the Thomas and Mack Center and Sam Boyd Stadium for the University of Nevada, Las Vegas, including equipment, furnishings and appurtenances therefor by issuing general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $33,000,000.

      (b) Finance the improvement, refurnishing and renovation of buildings and capital improvements for the University of Nevada, Reno, including equipment, furnishings and appurtenances therefor by issuing general obligation bonds and other general obligation securities of the state in a principal amount which does not exceed $22,000,000.

      3.  The Board of Regents of the University of Nevada may acquire and construct the projects designated in subsection 2 and issue state securities to finance the costs of those projects in a total principal amount not to exceed $55,000,000. For the purposes of this act, the costs of the project may include interest on the bonds for the period estimated by the Board of Regents to effect the project plus 2 years. The Board of Regents may:

      (a) Cooperate with other public and private entities in financing the projects specified in subsection 2; and

      (b) Increase the amount of money expended on the projects specified in subsection 2 to the extent money is made available for that purpose from a source other than the state general obligation securities authorized to be issued by this act.

      4.  If bonds or other securities are issued pursuant to this act, the faith of the State of Nevada is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 5 of this section will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.


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

ê1997 Statutes of Nevada, Page 3107 (Chapter 629, AB 669)ê

 

education and the special capital construction fund for higher education pursuant to subsection 5 of this section will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.

      5.  Subject to the limitations as to maximum principal amount set forth in subsections 1, 2 and 3, the Board of Regents of the University of Nevada may issue to defray the cost of the projects designated in subsection 2, or any part of the projects, at any time or from time to time general obligation securities of the state, which are payable from ad valorem taxes levied annually in an amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the special capital construction fund for higher education and the capital construction fund for higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior premiums of redemption due in connection with, and the principal of the securities become due.

      6.  As provided in subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on the project must be accounted for in an account or accounts for defraying, and must be used to defray the cost of the project, or accounted for in a reserve account or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of the project.

      7.  Any securities issued pursuant to this section may be issued in such a manner at, above or below par, without limitation as to interest rate, effective interest rate or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.

      8.  This section does not prevent the Board of Regents of the University of Nevada, from funding, refunding or reissuing any outstanding general obligation securities of the state issued by the Board of Regents on behalf of the state for the benefit of the University and Community College System of Nevada, and payable from ad valorem taxes, whose payment is additionally secured by a pledge of proceeds of excise tax credited to those two capital accounts, at any time as provided in the State Securities Law.

      9.  Any securities issued pursuant to this section must be executed as provided in the State Securities Law in accordance with NRS 349.282 and must be countersigned by the Chairman of the Board of Regents and the Chancellor and Treasurer of the University of Nevada in accordance with NRS 349.284.

      Sec. 3.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by, any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law.


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

ê1997 Statutes of Nevada, Page 3108 (Chapter 629, AB 669)ê

 

other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.

      Sec. 4.  The legislature intends that this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to effect its purposes.

      Sec. 5.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, that invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 6.  This act becomes effective on July 1, 1997.

________

 

CHAPTER 630, SB 256

Senate Bill No. 256–Senators Titus, Wiener, Augustine, Adler, Coffin, Jacobsen, Neal, O’Donnell, Rawson, Regan, Schneider, Shaffer, James, Washington and McGinness

CHAPTER 630

AN ACT relating to taxation; revising the exemption from property tax provided for property used for the production of electrical energy from solar energy; and providing other matters properly relating thereto.

 

[Approved July 17, 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.  Except as otherwise provided in this section, all property, both real and personal, is exempt from taxation as set forth in this section to the extent that the property is used as a facility for the production of electrical energy from solar energy.

      2.  Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years.

      3.  Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.

      4.  The provisions of this section do not apply to:

      (a) Residential property; and

      (b) Property that is used as a facility for the production of electrical energy from solar energy before July 1, 1997.

      5.  As used in this section, “facility for the production of electrical energy from solar energy” means a facility which uses solar energy as its primary fuel in the production of electricity. The term includes all the equipment in the facility used to collect, store and convert into electricity the energy derived from solar energy.


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

ê1997 Statutes of Nevada, Page 3109 (Chapter 630, SB 256)ê

 

      Sec. 2.  NRS 361.0685 is hereby amended to read as follows:

      361.0685  1.  Except as otherwise provided in this section, if a:

      (a) Business that engages in the primary trade of preparing, fabricating, manufacturing or otherwise processing raw material or an intermediate product through a process in which at least 50 percent of the material or product is recycled on site; or

      (b) Business that includes as a primary component [an active system to utilize solar energy or] a facility for the production of electrical energy from recycled material,

is found by the commission on economic development to have as a primary purpose the conservation of energy or the substitution of other sources of energy for fossil sources of energy and obtains certification from the commission on economic development pursuant to NRS 231.139, 75 percent of the personal and real property of the business is exempt from taxation.

      2.  Before an exemption may be granted pursuant to subsection 1, the business must execute an agreement with the commission on economic development which states that the business will continue in operation in [Nevada] this state for 30 or more years after the date on which the exemption is granted. The agreement must bind the successors in interest of the business. The exemption pursuant to this section continues until the expiration of the [agreement] period for which the exemption was granted or until the business discontinues in operation in [Nevada,] this state, whichever occurs first.

      3.  The exemption provided in this section applies only to the business for which certification was granted pursuant to NRS 231.139 and the property used in connection with that business. The exemption does not apply to property in [Nevada] this state that is not related to the business for which the certification was granted pursuant to NRS 231.139 or to property in existence and subject to taxation before the certification was granted.

      4.  Personal property exempted pursuant to subsection 1 may not receive an exemption for more than 10 consecutive years. Real property exempted pursuant to subsection 1 may not receive an exemption for more than 20 consecutive years.

      5.  As used in this section [:

      (a) An “active system to utilize solar energy” is one which uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:

             (1) Heating water for domestic, recreational, therapeutic or commercial use;

             (2) Heating or cooling air;

             (3) Production of electricity;

             (4) Industrial heating; or

             (5) Mechanical energy.

      (b) A] , a “facility for the production of electrical energy from recycled material” is a facility which uses recycled material as its primary fuel including material from:


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

ê1997 Statutes of Nevada, Page 3110 (Chapter 630, SB 256)ê

 

             [(1)] (a) Industrial or domestic waste, other than hazardous waste, even though it includes a product made from oil, natural gas or coal, such as plastics, asphalt shingles or tires;

             [(2)] (b) Agricultural crops, whether terrestrial or aquatic, and agricultural waste, such as manure and residue from crops; and

             [(3)] (c) Municipal waste, such as sewage and sludge.

The term includes all the equipment in the facility used to process and convert into electricity the energy derived from a recycled material fuel.

      Sec. 3.  1.  An exemption granted to a business that includes as a primary component an active system to utilize solar energy pursuant to NRS 361.0685 before July 1, 1997, continues until the expiration of the period for which the exemption was granted or until the business discontinues in operation in this state, whichever occurs first.

      2.  As used in this section, “active system to utilize solar energy” means a system that uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:

      (a) Heating water for domestic, recreational, therapeutic or commercial use;

      (b) Heating or cooling air;

      (c) Production of electricity;

      (d) Industrial heating; or

      (e) Mechanical energy.

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

________

 

CHAPTER 631, SB 314

Senate Bill No. 314–Senators Schneider, O’Connell, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Donnell, Porter, Rawson, Regan, Shaffer, Titus, Washington and Wiener

CHAPTER 631

AN ACT relating to common-interest ownership; establishing various requirements for meetings of units’ owners associations; establishing the office of the ombudsman for owners in common-interest communities; requiring certain associations to pay an annual fee for the operation of the office; establishing requirements for an information statement that must be given, under certain circumstances, to a purchaser of a unit within a common-interest community; prohibiting an association from foreclosing a lien by sale under certain circumstances; prohibiting an association from exercising the power of eminent domain; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  “Financial statement” means a balance sheet showing profit and loss of an association and the funds held in reserve by the association.


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

ê1997 Statutes of Nevada, Page 3111 (Chapter 631, SB 314)ê

 

      Sec. 3.  “Governing documents” means the declaration, articles of incorporation, articles of association, bylaws, and rules of an association and any other documents that govern the operation of a common-interest community or association.

      Sec. 4.  1.  Except as otherwise provided in this section, a unit’s owner may attend any meeting of the units’ owners of the association or of the executive board and speak at any such meeting. The executive board may establish reasonable limitations on the time a unit’s owner may speak at such a meeting.

      2.  An executive board may meet in executive session to:

      (a) Consult with the attorney for the association on matters relating to proposed or pending litigation if the contents of the discussion would otherwise be governed by the privilege set forth in NRS 49.035 to 49.115, inclusive;

      (b) Discuss matters relating to personnel; or

      (c) Discuss a violation of the governing documents of the association alleged to have been committed by a unit’s owner.

      3.  Except as otherwise provided in this subsection, any matter discussed in executive session must be generally noted in the minutes of the meeting of the executive board. The executive board shall maintain detailed minutes of any matter discussed pursuant to paragraph (c) of subsection 2 and, upon request, provide a copy of those minutes to the unit’s owner who was the subject of the discussion or to his designated representative.

      4.  A unit’s owner is not entitled to attend or speak at a meeting of the executive board held in executive session.

      Sec. 5.  The rules adopted by an association:

      1.  Must be reasonably related to the purpose for which they are adopted.

      2.  Must be sufficiently explicit in their prohibition, direction or limitation to inform a unit’s owner, or a tenant or guest of a unit’s owner, of any action or omission required for compliance.

      3.  Must not be adopted to evade any obligation of the association.

      4.  Must be consistent with the governing documents of the association and must not arbitrarily restrict conduct or require the construction of any capital improvement by a unit’s owner that is not required by the governing documents of the association.

      5.  Must be uniformly enforced under the same or similar circumstances against all units’ owners. Any rule that is not so uniformly enforced may not be enforced against any unit’s owner.

      6.  May be enforced by the assessment of a fine only if:

      (a) The person alleged to have violated the rule has received notice of the alleged violation and has been given the opportunity to request a hearing on the alleged violation.

      (b) At least 30 days before the alleged violation, the person alleged to have violated the rule was given written notice of the rule or any amendment to the rule.


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

ê1997 Statutes of Nevada, Page 3112 (Chapter 631, SB 314)ê

 

      Sec. 5.5.  An association may not apply any assessment, fee or other charge that is paid by a unit’s owner toward a fine imposed by the association against the unit’s owner.

      Sec. 6.  If a unit’s owner, or a tenant or guest of a unit’s owner, does not comply with a provision of the governing documents of an association, the executive board of the association may, if the governing documents so provide:

      1.  Prohibit, for a reasonable time, the unit’s owner, or the tenant or guest of the unit’s owner, from:

      (a) Voting on matters related to the common-interest community.

      (b) Using the common elements. The provisions of this paragraph do not prohibit the unit’s owner, or the tenant or guest of the unit’s owner, from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.

      2.  Require the unit’s owner, or the tenant or guest of the unit’s owner, to pay a fine not to exceed $50 for each failure to comply, unless the violation is of a type that threatens the health and welfare of the common-interest community. The imposition of such a fine must comply with the requirements of subsection 6 of section 5 of this act.

      Sec. 7.  1.  An association that is not a master association and levies an annual assessment against each unit in the common-interest community of $500 or more shall:

      (a) If the association is required to pay the fee imposed by NRS 78.150 or 82.146, pay to the secretary of state at the time it is required to pay the fee imposed by those sections a fee established by regulation of the administrator of the real estate division of the department of business and industry for every unit in the association.

      (b) If the association is organized as a trust or partnership, pay to the administrator of the real estate division of the department of business and industry a fee established by regulation of the administrator for each unit in the association. The fee must be paid on or before January 1 of each year.

      2.  The fees required to be paid pursuant to this section must be:

      (a) Deposited with the state treasurer for credit to the fund for the ombudsman for owners in common-interest communities created pursuant to section 9 of this act.

      (b) Established on the basis of the actual cost of administering the office of the ombudsman for owners in common-interest communities and not on a basis which includes any subsidy for the office.

      Sec. 8.  1.  The office of the ombudsman for owners in common-interest communities is hereby created within the real estate division of the department of business and industry.

      2.  The administrator of the real estate division shall appoint the ombudsman for owners in common-interest communities. The ombudsman for owners in common-interest communities is in the unclassified service of the state.


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ê1997 Statutes of Nevada, Page 3113 (Chapter 631, SB 314)ê

 

      3.  The ombudsman for owners in common-interest communities must be qualified by training and experience to perform the duties and functions of his office.

      4.  The ombudsman for owners in common-interest communities shall:

      (a) Assist in processing claims submitted to mediation or arbitration pursuant to NRS 38.300 to 38.360, inclusive;

      (b) Assist owners in common-interest communities to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities; and

      (c) Assist persons appointed or elected to serve on executive boards of associations to carry out their duties.

      Sec. 9.  1.  There is hereby created the fund for the ombudsman for owners in common-interest communities in the state treasury. The fund must be administered by the administrator of the real estate division of the department of business and industry.

      2.  The fees collected pursuant to section 7 of this act must be credited to the fund.

      3.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      4.  The money in the fund must be used solely to defray the costs and expenses of administering the office of the ombudsman for owners in common-interest communities.

      Sec. 10.  1.  Except as otherwise provided in this section, a person engaged in property management for a common-interest community must:

      (a) Hold a permit to engage in property management that is issued pursuant to the provisions of chapter 645 of NRS; or

      (b) Hold a certificate issued by the real estate commission pursuant to subsection 2.

      2.  The real estate commission shall provide by regulation for the issuance of certificates for the management of common-interest communities to persons who are not otherwise authorized to engage in property management pursuant to the provisions of chapter 645 of NRS. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including the education and experience required to obtain such a certificate; and

      (b) May require applicants to pass an examination in order to obtain a certificate.

The real estate division of the department of business and industry may collect a fee for the issuance of a certificate by the commission in an amount not to exceed the administrative costs of issuing the certificate.

      3.  The provisions of subsection 1 do not apply to:

      (a) A full-time employee of an association who manages only one association.

      (b) A financial institution.

      (c) An attorney licensed to practice in this state.


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ê1997 Statutes of Nevada, Page 3114 (Chapter 631, SB 314)ê

 

      (d) A trustee.

      (e) An employee of a corporation who manages only the property of the corporation.

      (f) A declarant.

      (g) A receiver.

      4.  As used in this section, “property management” means the physical, administrative or financial maintenance and management of real property, or the supervision of those activities for a fee, commission or other compensation or valuable consideration.

      Sec. 11.  The information statement required by NRS 116.4109 must be in substantially the following form:

 

BEFORE YOU PURCHASE PROPERTY IN A

COMMON-INTEREST COMMUNITY

DID YOU KNOW . . .

      1.  YOU ARE AGREEING TO RESTRICTIONS ON HOW YOU CAN USE YOUR PROPERTY?

These restrictions are contained in a document known as the Declaration of Covenants, Conditions and Restrictions (C, C & R’s) that should be provided for your review before making your purchase. The C, C & R’s become a part of the title to your property. They bind you and every future owner of the property whether or not you have read them or had them explained to you. The C, C & R’s, together with other “governing documents” (such as association bylaws and rules and regulations), are intended to preserve the character and value of properties in the community, but may also restrict what you can do to improve or change your property and limit how you use and enjoy your property. By purchasing a property encumbered by C, C & R’s, you are agreeing to limitations that could affect your lifestyle and freedom of choice. You should review the C, C & R’s and other governing documents before purchasing to make sure that these limitations and controls are acceptable to you.

      2.  YOU WILL HAVE TO PAY OWNERS’ ASSESSMENTS FOR AS LONG AS YOU OWN YOUR PROPERTY?

As an owner in a common-interest community, you are responsible for paying your share of expenses relating to the common elements, such as landscaping, shared amenities and the operation of any homeowner’s association. The obligation to pay these assessments binds you and every future owner of the property. Owners’ fees are usually assessed by the homeowner’s association and due monthly. You have to pay dues whether or not you agree with the way the association is managing the property or spending the assessments. The executive board of the association may have the power to change and increase the amount of the assessment and to levy special assessments against your property to meet extraordinary expenses. In some communities, major components of the community such as roofs and private roads must be maintained and replaced by the association. If the association is not well managed or fails to maintain adequate reserves to repair and replace common elements, you may be required to pay large, special assessments to accomplish these tasks.


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ê1997 Statutes of Nevada, Page 3115 (Chapter 631, SB 314)ê

 

to repair and replace common elements, you may be required to pay large, special assessments to accomplish these tasks.

      3.  IF YOU FAIL TO PAY OWNERS’ ASSESSMENTS, YOU COULD LOSE YOUR HOME?

If you do not pay these assessments when due, the association usually has the power to collect them by selling your property in a nonjudicial foreclosure sale. If fees become delinquent, you may also be required to pay penalties and the association’s costs and attorney’s fees to become current. If you dispute the obligation or its amount, your only remedy to avoid the loss of your home may be to file a lawsuit and ask a court to intervene in the dispute.

      4.  YOU MAY BECOME A MEMBER OF A HOMEOWNER’S ASSOCIATION THAT HAS THE POWER TO AFFECT HOW YOU USE AND ENJOY YOUR PROPERTY?

Many common-interest communities have a homeowner’s association. In a new development, the association will usually be controlled by the developer until a certain number of units have been sold. After the period of developer control, the association may be controlled by property owners like yourself who are elected by homeowners to sit on an executive board and other boards and committees formed by the association. The association, and its executive board, are responsible for assessing homeowners for the cost of operating the association and the common or shared elements of the community and for the day to day operation and management of the community. Because homeowners sitting on the executive board and other boards and committees of the association may not have the experience or professional background required to understand and carry out the responsibilities of the association properly, the association may hire professional managers to carry out these responsibilities.

Homeowner’s associations operate on democratic principles. Some decisions require all homeowners to vote, some decisions are made by the executive board or other boards or committees established by the association or governing documents. Although the actions of the association and its executive board are governed by state laws, the C, C & R’s and other documents that govern the common-interest community, decisions made by these persons will affect your use and enjoyment of your property, your lifestyle and freedom of choice, and your cost of living in the community. You may not agree with decisions made by the association or its governing bodies even though the decisions are ones which the association is authorized to make. Decisions may be made by a few persons on the executive board or governing bodies that do not necessarily reflect the view of the majority of homeowners in the community. If you do not agree with decisions made by the association, its executive board or other governing bodies, your remedy is typically to attempt to use the democratic processes of the association to seek the election of members of the executive board or other governing bodies that are more responsive to your needs. If persons controlling the association or its management are not complying with state laws or the governing documents, your remedy is typically to seek to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit and ask a court to resolve the dispute.


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ê1997 Statutes of Nevada, Page 3116 (Chapter 631, SB 314)ê

 

laws or the governing documents, your remedy is typically to seek to mediate or arbitrate the dispute and, if mediation or arbitration is unsuccessful, file a lawsuit and ask a court to resolve the dispute. In addition to your personal cost in mediation or arbitration, or to prosecute a lawsuit, you may be responsible for paying your share of the association’s cost in defending against your claim. There is no government agency in this state that investigates or intervenes to resolve disputes in homeowner’s associations.

      5.  YOU ARE REQUIRED TO PROVIDE PROSPECTIVE BUYERS OF YOUR PROPERTY WITH INFORMATION ABOUT LIVING IN YOUR COMMON-INTEREST COMMUNITY?

The law requires you to provide to a prospective purchaser of your property, before you enter into a purchase agreement, a copy of the community’s governing documents, including the C, C & R’s, association bylaws, and rules and regulations, as well as a copy of this document. You are also required to provide a copy of the association’s current financial statement, operating budget and information regarding the amount of the monthly assessment for common expenses, including the amount set aside as reserves for repair and replacement of common elements. You are also required to inform prospective purchasers of any outstanding judgments or lawsuits pending against the association of which you are aware. You are also required to provide a copy of the minutes from the most recent meeting of the homeowner’s association or its executive board. For more information regarding these requirements, see Nevada Revised Statutes 116.4103.

      6.  YOU HAVE CERTAIN RIGHTS REGARDING OWNERSHIP IN A COMMON-INTEREST COMMUNITY THAT ARE GUARANTEED YOU BY THE STATE?

Pursuant to provisions of chapter 116 of Nevada Revised Statutes, you have the right:

      (a) To be notified of all meetings of the association and its executive board, except in cases of emergency.

      (b) To attend and speak at all meetings of the association and its executive board, except in some cases where the executive board is authorized to meet in closed, executive session.

      (c) To request a special meeting of the association upon petition of at least 10 percent of the homeowners.

      (d) To inspect, examine, photocopy and audit financial and other records of the association.

      (e) To be notified of all changes in the community’s rules and regulations and other actions by the association or board that affect you.

      7.  QUESTIONS?

Although they may be voluminous, you should take the time to read and understand the documents that will control your ownership of a property in a common-interest community. You may wish to ask your real estate professional, lawyer or other person with experience to explain anything you do not understand.


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ê1997 Statutes of Nevada, Page 3117 (Chapter 631, SB 314)ê

 

professional, lawyer or other person with experience to explain anything you do not understand. You may also request assistance from the ombudsman for owners in common-interest communities, Nevada Real Estate Division, at (telephone number).

 

Buyer or prospective buyer’s initials: _____

Date: ...........................

 

      Sec. 12.  NRS 116.1204 is hereby amended to read as follows:

      116.1204  Except as otherwise provided in NRS 116.1205, the provisions of NRS 116.1105, 116.1106, 116.1107, 116.2103, 116.2104 and 116.2121, paragraphs (a) to (f), inclusive, and (k) to (r), inclusive, of subsection 1 of NRS 116.3102, NRS 116.3103, 116.31036, 116.3106, 116.3108 to 116.3111, [116.3116] inclusive, 116.3115 to 116.31168, inclusive, 116.3118, 116.4109 and 116.4117, and NRS 116.11031 to 116.110393, inclusive, to the extent necessary in construing any of those sections, apply to [all common-interest communities] a common-interest community created in this state before January 1, 1992 [;] , if the common-interest community levies an annual assessment against each unit in the common-interest community of $500 or more on or after July 1, 1998, but those sections apply only with respect to events and circumstances occurring on or after [January 1, 1992, and do not invalidate existing provisions of the declaration, bylaws, or plats or plans of those common-interest communities.] July 1, 1998.

      Sec. 13.  NRS 116.31034 is hereby amended to read as follows:

      116.31034  1.  Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. The executive board shall elect the officers. The members and officers of the executive board shall take office upon election.

      2.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, and a fiduciary of an estate that owns a unit may be an officer or member of the executive board. In all events where the person serving or offering to serve as an officer or member of the executive board is not the record owner, he shall file proof of authority in the records of the association.

      3.  Each member of the executive board shall, at the time of his appointment or election, certify in writing that he has read and understands the governing documents of the association and the provisions of this chapter.

      Sec. 14.  NRS 116.3106 is hereby amended to read as follows:

      116.3106  1.  The bylaws of the association must provide:

      (a) The number of members of the executive board and the titles of the officers of the association;


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ê1997 Statutes of Nevada, Page 3118 (Chapter 631, SB 314)ê

 

      (b) For election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;

      (c) The qualifications, powers and duties, terms of office and manner of electing and removing officers of the association and members of the executive board and filling vacancies;

      (d) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;

      (e) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association; [and]

      (f) Procedural rules for conducting meetings of the association; and

      (g) A method for amending the bylaws.

      2.  Except as otherwise provided in the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.

      3.  The bylaws must be written in plain English.

      Sec. 15.  NRS 116.3108 is hereby amended to read as follows:

      116.3108  1.  A meeting of the units’ owners of an association must be held at least [twice] once each year. A meeting of the executive board must be held at least once every 90 days. Special meetings of the association may be called by the president, a majority of the executive board or by units’ owners having [20] 10 percent, or any lower percentage specified in the bylaws, of the votes in the association.

      2.  Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner. The notice of any meeting must state the time and place of the meeting and [the items on the agenda, including, but not limited to, the general nature of any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board.] include a copy of the agenda for the meeting. The notice must include notification of the right of a unit’s owner to [have] :

      (a) Have a copy of the minutes or a summary of the minutes of the meeting distributed to him upon request if he pays the association the cost of making the distribution.

      (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

      3.  The agenda for the meeting must consist of:

      (a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer or member of the executive board.

      (b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items.


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ê1997 Statutes of Nevada, Page 3119 (Chapter 631, SB 314)ê

 

      (c) A period devoted to comments by units’ owners and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).

      4.  If the association adopts a policy imposing a fine on a unit’s owner for the violation of the bylaws or other rules established by the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

      [4.]5.  Not more than 30 days after any meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units’ owners. A copy of the minutes or a summary of the minutes must be provided to any unit’s owner who pays the association the cost of providing the copy to him.

      Sec. 15.5.  NRS 116.3115 is hereby amended to read as follows:

      116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.

      2.  Except for assessments under subsections 3, 4 and 5, all common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107. Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

      3.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      4.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

      5.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      6.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      7.  The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting.


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ê1997 Statutes of Nevada, Page 3120 (Chapter 631, SB 314)ê

 

commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:

      (a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

      (b) To enforce the payment of an assessment;

      (c) To enforce the declaration, bylaws or rules of the association;

      (d) To proceed with a counterclaim; or

      (e) To protect the health, safety and welfare of the members of the association.

      Sec. 16.  NRS 116.3115 is hereby amended to read as follows:

      116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association. Except for an association for a time-share project governed by the provisions of chapter 119A of NRS, and unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and the money for the reserve required by paragraph (b) of subsection 2.

      2.  Except for assessments under subsections [3, 4 and 5, all]4, 5 and 6:

      (a) All common expenses, including a reserve, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.

      (b)The association shall establish a reserve for the repair and replacement of the major components of the common elements. The reserve may be used only for common expenses that involve major repairs or replacement, including, without limitation, repairing and replacing roofs, roads and sidewalks, and must not be used for daily maintenance.

      3.  Any past due assessment for common expenses or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

      [3.]4.  To the extent required by the declaration:

      (a) Any common expense associated with the maintenance, repair or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

      (b) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

      (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

      [4.]5.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.


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ê1997 Statutes of Nevada, Page 3121 (Chapter 631, SB 314)ê

 

the judgment was entered, in proportion to their liabilities for common expenses.

      [5.]6.  If any common expense is caused by the misconduct of any unit’s owner, the association may assess that expense exclusively against his unit.

      [6.]7.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

      [7.]8.  The association shall provide written notice to the owner of each unit of a meeting at which an assessment for a capital improvement or the commencement of a civil action is to be considered or action is to be taken on such an assessment at least 21 calendar days before the meeting. Except as otherwise provided in this subsection, the association may commence a civil action only upon a vote or agreement of the owners of units to which at least a majority of the votes of the members of the association are allocated. The provisions of this subsection do not apply to a civil action that is commenced:

      (a) By an association for a time-share project governed by the provisions of chapter 119A of NRS;

      (b) To enforce the payment of an assessment;

      (c) To enforce the declaration, bylaws or rules of the association;

      (d) To proceed with a counterclaim; or

      (e) To protect the health, safety and welfare of the members of the association.

      Sec. 17.  NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  [In] Except as otherwise provided in subsection 4, in a condominium, a cooperative where the owner’s interest in a unit is real estate [(NRS 116.1105),]as determined pursuant to NRS 116.1105, or a planned community, the association may foreclose its lien by sale after:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest, at his address if known, and at the address of the unit, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed, and the name of the record owner of the unit;

      (b) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien, which contains the same information as the notice of delinquent assessment, but must also describe the deficiency in payment and the name and address of the person authorized by the association to enforce the lien by sale; and

      (c) The unit’s owner or his successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 60 days following the recording of the notice of default and election to sell.


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ê1997 Statutes of Nevada, Page 3122 (Chapter 631, SB 314)ê

 

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association.

      3.  The period of 60 days begins on the first day following the later of:

      (a) The day on which the notice of default is recorded; or

      (b) The day on which a copy of the notice of default is mailed by certified or registered mail, return receipt requested, to the unit’s owner or his successor in interest at his address if known, otherwise to the address of the unit.

      4.  The association may not foreclose a lien by sale for the assessment of a fine for a violation of the declaration, bylaws, rules or regulations of the association, unless the violation is of a type that threatens the health and welfare of the residents of the common-interest community.

      Sec. 18.  NRS 116.4101 is hereby amended to read as follows:

      116.4101  1.  NRS 116.4101 to 116.412, inclusive, apply to all units subject to this chapter, except as otherwise provided in [subsection 2] this section or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.

      2.  Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:

      (a) Gratuitous disposition of a unit;

      (b) Disposition pursuant to court order;

      (c) Disposition by a government or governmental agency;

      (d) Disposition by foreclosure or deed in lieu of foreclosure;

      (e) Disposition to a dealer;

      (f) Disposition that may be canceled at any time and for any reason by the purchaser without penalty; or

      (g) Disposition of a unit in a planned community in which the declaration limits the average annual assessment of any unit to not more than $500 [and] , exclusive of optional users’ fees and any insurance premiums paid by the association, or which contains no more than [35] 12 units if:

             (1) The declarant reasonably believes in good faith that the maximum stated assessment will be sufficient to pay the expenses of the planned community; and

             (2) The declaration cannot be amended to increase the assessment during the period of declarant’s control without the consent of all units’ owners.

      3.  Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.

      Sec. 19.  NRS 116.4103 is hereby amended to read as follows:

      116.4103  1.  Except as otherwise provided in NRS 116.41035, a public offering statement must [contain] set forth or fully and accurately disclose each of the following:


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ê1997 Statutes of Nevada, Page 3123 (Chapter 631, SB 314)ê

 

      (a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is either a condominium, cooperative or planned community.

      (b) A general description of the common-interest community, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.

      (c) The estimated number of units in the common-interest community.

      (d) Copies of the declaration, bylaws, and any rules or regulations of the association, but a plat or plan is not required.

      (e) [Any current balance sheet and a] A current financial statement and projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:

             (1) A statement of the amount [, or a statement that there is no amount,] included in the budget as a reserve for repairs and replacement; and

             (2) The projected monthly assessment for common expenses for each type of unit [.] , including the amount established as a reserve pursuant to NRS 116.3115.

      (f) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant, not reflected in the budget.

      (g) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee.

      (h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.

      (i) A statement that unless the purchaser or his agent has personally inspected the unit, the purchaser may cancel, by written notice, his contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

      (j) A statement of any unsatisfied judgments or pending suits against the association, and the status of any pending suits material to the common-interest community of which a declarant has actual knowledge.

      (k) Any current or expected fees or charges to be paid by units’ owners for the use of the common elements and other facilities related to the common-interest community.

      2.  A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: “THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.”


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ê1997 Statutes of Nevada, Page 3124 (Chapter 631, SB 314)ê

 

      Sec. 20.  NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance:

      (a) A copy of the declaration , [(] other than any plats and [plans),] plans, the bylaws, and the rules or regulations of the association;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner; [and]

      (c) The current operating budget of the association [.] and a financial statement for the association; and

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      2.  The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

      3.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.

      Sec. 20.5.  NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance:

      (a) A copy of the declaration, other than any plats and plans, the bylaws, [and] the rules or regulations of the association [;] and, except for a time share governed by the provisions of chapter 119A of NRS, the information statement required by section 11 of this act;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

      (c) The current operating budget of the association and a financial statement for the association; and

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      2.  The association, within 10 days after a request by a unit’s owner, shall furnish a certificate containing the information necessary to enable the unit’s owner to comply with this section. A unit’s owner providing a certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.


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ê1997 Statutes of Nevada, Page 3125 (Chapter 631, SB 314)ê

 

certificate pursuant to subsection 1 is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

      3.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. If the association fails to furnish the certificate within the 10 days allowed by subsection 2, the seller is not liable for the delinquent assessment.

      Sec. 21.  NRS 116.4117 is hereby amended to read as follows:

      116.4117  1.  If a declarant or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply has a claim for appropriate relief.

      2.  Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116.3111, a civil action for damages caused by a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:

      (a) By the association against:

             (1) A declarant; or

             (2) A unit’s owner.

      (b) By a unit’s owner against:

             (1) The association;

             (2) A declarant; or

             (3) Another unit’s owner of the association.

      3.  Punitive damages may be awarded for a willful and material failure to comply with this chapter if the failure is established by clear and convincing evidence.

      4.  The court may award reasonable attorney’s fees to the prevailing party.

      5.  The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

      Sec. 22.  NRS 119A.165 is hereby amended to read as follows:

      119A.165  1.  If a matter governed by this chapter is also governed by chapter 116 of NRS, compliance with the provisions of chapter 116 of NRS governing the matter which are in addition to or different from the provisions in this chapter governing the same matter is not required. In the event of a conflict between provisions of this chapter and chapter 116 of NRS, the provisions of this chapter prevail.

      2.  Without limiting the generality of subsection 1, the provisions of NRS 116.3103, 116.31034, 116.3106, 116.3108 to 116.311, inclusive, 116.3115, 116.31162, 116.4117 and sections 4 to 7, inclusive, and 10 and 11 of this act do not apply to a time share or a time-share project.

      Sec. 23.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A unit-owners’ association may not exercise the power of eminent domain pursuant to the provisions of this chapter.


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ê1997 Statutes of Nevada, Page 3126 (Chapter 631, SB 314)ê

 

      2.  As used in this section, “unit-owners’ association” has the meaning ascribed to it in NRS 116.110315.

      Sec. 24.  NRS 78.150 is hereby amended to read as follows:

      78.150  1.  Each corporation organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, file with the secretary of state a list of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, signed by an officer of the corporation.

      2.  Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $85.

      3.  The secretary of state shall, 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to each corporation which is required to comply with the provisions of NRS 78.150 to 78.185, inclusive, and which has not become delinquent, the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by law.

      4.  An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

      5.  If the corporation is an association as defined in NRS 116.110315, the secretary of state shall not accept the filing required by this section unless it is accompanied by the fee required to be paid pursuant to section 7 of this act.

      Sec. 25.  NRS 82.146 is hereby amended to read as follows:

      82.146  1.  Each corporation shall, within 60 days after the filing of its articles of incorporation with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, file with the secretary of state a list of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, signed by an officer of the corporation.

      2.  Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $15.

      3.  If the corporation is an association as defined in NRS 116.110315, the secretary of state shall not accept the filing required by this section unless it is accompanied by the fee required to be paid pursuant to section 7 of this act.

      Sec. 26.  Notwithstanding the provisions of section 7 of this act, the total amount of the fees established by the administrator of the real estate division of the department of business and industry pursuant to that section must not be more than:

      1.  One hundred fifty thousand dollars for the calendar year 1998.

      2.  Two hundred thousand dollars for the calendar year 1999.


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ê1997 Statutes of Nevada, Page 3127 (Chapter 631, SB 314)ê

 

      Sec. 27.  1.  This section and sections 1 to 5, inclusive, 6, 13, 14, 15.5, 17, 18 and 20 of this act become effective upon passage and approval.

      2.  Section 23 of this act becomes effective on October 1, 1997.

      3.  Sections 7, 9, 24, 25 and 26 of this act become effective on January 1, 1998, for the purpose of adopting regulations to establish and collect fees for the office of the ombudsman for owners in common-interest communities, and on July 1, 1998, for all other purposes.

      4.  Sections 5.5, 8, 11, 12, 15, 16, 19, 20.5, 21 and 22 of this act become effective on July 1, 1998.

      5.  Section 10 of this act becomes effective on July 1, 1998, only if Senate Bill No. 248 of this session becomes effective on or before that date.

________

 

CHAPTER 632, AB 634

Assembly Bill No. 634–Committee on Government Affairs

CHAPTER 632

AN ACT relating to historical markers; requiring the owner of private property to maintain a historical marker provided by a nonprofit organization in certain circumstances; requiring disclosure of the existence of the historical marker and the duty to maintain it to a purchaser of the private property; making the requirement retroactive and requiring replacement or return of certain historical markers which have been removed; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 383.091 is hereby amended to read as follows:

      383.091  1.  The administrator shall:

      (a) Establish the qualifications and standards for [an] a historical markers program, designate and make an inventory of qualified sites on both public and privately owned lands, and place and maintain historical markers on all public lands and all private lands when the owner consents.

      (b) Establish a state historical marker registry system.

      (c) Consult with the Nevada historical society to determine the content of the legend on all markers. The Nevada historical society has the final authority to determine the content of any legend.

      (d) Solicit the cooperation of owners of private property for the installation of historical markers on eligible properties and structures in order that they may be included in the state historical marker registry.

      (e) [Install,] Except as otherwise provided in subsection 3, install, maintain and protect all registered historical markers.

      2.  The administrator may contract with, or cooperate with, public or private agencies for suitable markers and directional signs, including signs on highways and roads, at the site of, or on the approaches to, registered historical markers. The contracts may include provisions for the installation, maintenance and protection of the markers.


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ê1997 Statutes of Nevada, Page 3128 (Chapter 632, AB 634)ê

 

      3.  When the owner of private property consents to the placement by a nonprofit organization of a historical marker in or on a structure located on his property, he shall be deemed to have consented to the maintenance of the historical marker in or on the structure for as long as the structure remains standing unless he notifies the nonprofit organization and requests the organization to remove the historical marker. The owner shall notify any person to whom he sells or otherwise transfers ownership of the structure of the duty to maintain the historical marker. The purchaser of a structure in or on which a historical marker has been placed by a nonprofit organization shall maintain the historical marker on the structure for as long as he owns the structure and shall notify any person to whom he sells or otherwise transfers ownership of the structure of the duty to maintain the historical marker unless the purchaser notifies the nonprofit organization and requests the organization to remove the historical marker. If the structure in or on which a historical marker is placed by a nonprofit organization is renovated or remodeled in such a manner as to require the removal of the historical marker, the owner shall ensure that the marker is reattached to the structure in the same place or in a place of similar prominence as soon as practicable after the completion of the renovation or remodeling project.

      Sec. 2.  1.  The amendatory provisions of this act apply retroactively to any historical marker placed by a nonprofit organization in or on a structure located on private property.

      2.  On or before October 1, 1997, each nonprofit organization shall provide written notice to the owner of any structure in or on which a historical marker was placed by the organization but which, without the agreement of the organization, was later removed and not returned to the organization.

      3.  On or before January 1, 1998, an owner who receives a notice concerning a historical marker pursuant to subsection 2 shall replace the historical marker in or on the structure in the same place or a place of similar prominence, return the historical marker to the organization or reimburse the organization for the cost of the historical marker. The cost of the historical marker must be determined by the nonprofit organization.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 3129ê

 

CHAPTER 633, AB 538

Assembly Bill No. 538–Committee on Judiciary

CHAPTER 633

AN ACT relating to dog racing; making it a crime to conduct dog racing as a gaming activity in this state; prohibiting the Nevada gaming commission from issuing a license to conduct dog racing or pari-mutuel wagering in connection with any dog race; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the state.

      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted [without a license as provided by law;] as a gaming activity;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or

      (e) Where vagrants resort,

is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

is a public nuisance.

      4.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      5.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:


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ê1997 Statutes of Nevada, Page 3130 (Chapter 633, AB 538)ê

 

      (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      6.  As used in this section, “shooting range” has the meaning ascribed to it in NRS 40.140.

      Sec. 2.  Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who conducts dog racing as a gaming activity in this state is guilty of a misdemeanor.

      Sec. 3.  NRS 244.3525 is hereby amended to read as follows:

      244.3525  1.  The chairman or clerk of the board of county commissioners to enforce NRS 244.335 to 244.340, inclusive, the chairman or clerk of the license board of the county to enforce NRS 244.345 [and 244.347,] and the chairman or clerk of the liquor board of the county to enforce NRS 244.350, 244.3501 and 244.351 may:

      (a) Administer oaths and require testimony under oath;

      (b) Pay witnesses a reasonable allowance for travel and subsistence; and

      (c) Appoint hearing officers who may administer oaths and receive testimony given under oath.

      2.  Each hearing officer appointed pursuant to paragraph (c) of subsection 1 must be a resident of this state who is a graduate of:

      (a) An accredited law school; or

      (b) An accredited, 4-year college and has at least 5 years’ experience in public administration,

and who has completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the office of the district attorney for the county. This course must consist of at least 4 hours of instruction in a classroom.

      3.  Any notice given by the board must be served in the manner required for civil actions.

      Sec. 4.  NRS 466.015 is hereby amended to read as follows:

      466.015  The purposes of this chapter are to encourage the breeding of horses [and greyhounds] in this state, to produce an additional source of revenue for [the] this state and to protect the general public.

      Sec. 5.  NRS 466.028 is hereby amended to read as follows:

      466.028  “Pari-mutuel wagering” means a system of placing wagers on a horse [or greyhound] race whereby the wager is placed at a window and equipment is used to pay a person’s winnings in the precise amount of money wagered by persons who did not win, after deducting taxes owed and commissions charged by the race track.

      Sec. 6.  NRS 466.045 is hereby amended to read as follows:

      466.045  No member of the board or commission may own or otherwise have a financial interest in any horse [or greyhound] which is entered in any race meet licensed pursuant to the provisions of this chapter.


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ê1997 Statutes of Nevada, Page 3131 (Chapter 633, AB 538)ê

 

      Sec. 7.  NRS 466.080 is hereby amended to read as follows:

      466.080  1.  The account for racing and pari-mutuel wagering is hereby created within the state general fund. The board shall administer the account.

      2.  The board shall distribute the proceeds of the taxes collected pursuant to NRS 466.120 and subsection 1 of NRS 466.125 in the following order of priority:

      (a) One percent of all pari-mutuel money handled [on greyhound races, and] on horse races which are not conducted by a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given [,] to the city in which the races are conducted or, if the races are conducted outside any city, to the county in which they are conducted.

      (b) Not more than 1 percent of all pari-mutuel money handled [on greyhound races, and] on horse races which are not conducted by a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given [,] to the account for racing and pari-mutuel wagering.

      (c) The remainder to the state general fund.

      3.  A licensee who has paid the taxes required by subsection 1 of NRS 466.125 may apply to the board to receive a grant from the account for racing and pari-mutuel wagering. The board may recommend approval and the commission, in its discretion, may approve a grant to the licensee for the exclusive use of providing capital improvements to the racing facility of the licensee, a purse for racing or promotion of the facility, in proportion to the amount of taxes paid to the commission by the licensee. The board may not recommend approval and the commission may not approve a grant if sufficient money is not available to pay the expenses of the board and the commission for the administration of this chapter.

      Sec. 8.  NRS 466.095 is hereby amended to read as follows:

      466.095  The Nevada gaming commission shall not issue any license under this chapter to conduct dog racing or pari-mutuel wagering in connection with any [greyhound] dog race . [unless:

      1.  Greyhound racing is permitted by a special charter of a city to be conducted in that city and a license to conduct the race has been issued by the city council or other governing body of that city;

      2.  The county license board of a county whose population is less than 100,000 has issued a license to conduct the race in the county outside of an incorporated city; or

      3.  The track at which the greyhound racing will be held is located in a county whose population is 400,000 or more has issued a license to conduct the race and the race is to be conducted on the premises of a resort hotel.]

            Sec. 9.  NRS 466.100 is hereby amended to read as follows:

      466.100  1.  Any natural person, association or corporation desiring to conduct horse racing within the State of Nevada must apply to the board for a license so to do. The application must be in such form and supply such data and information as the board prescribes.

      2.  The board shall investigate the applicant, and any other person whom it believes necessary to determine the applicant’s suitability to receive a license to conduct racing.


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ê1997 Statutes of Nevada, Page 3132 (Chapter 633, AB 538)ê

 

license to conduct racing. The cost of the investigation must be paid by the applicant. The board shall recommend in writing to the commission either approval or denial of the license. If denial is recommended, the board shall prepare and file with the commission its written reasons for that recommendation. If the board recommends denial, the commission may grant the license only by unanimous vote of the members present.

      3.  Each license issued by the commission to conduct horse racing must be conditioned upon the licensee’s approving any locations which may be established in this state for off-track pari-mutuel wagering as required by 15 U.S.C § 3004(b)(1)(A) as enacted and as this subsection may be amended from time to time.

      4.  The commission may revoke, modify or suspend a license, fine a licensee or refuse to issue a license if it has reasonable cause to believe that the public interest can best be served by such an action. Any such action, except the refusal to issue a license, must comply with the procedures set forth in NRS 463.310 to 463.3145, inclusive. The judicial review provided in NRS 463.315 to 463.318, inclusive, is available to any person aggrieved by the final decision of the commission to revoke or suspend a license or fine a licensee.

      5.  A license to conduct horse [or dog] racing issued by the commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.

      Sec. 10.  NRS 466.110 is hereby amended to read as follows:

      466.110  1.  No person, corporation or association may be given a license to conduct more than 300 days [each] of horse [and greyhound racing, separately or simultaneously] racing in any 1 year on any one track within the State of Nevada.

      2.  The commission may, at any time or times, in its discretion, authorize any person, corporation or association to transfer its racing meet or meetings from its own track or place for holding races to the track or place for holding races of any other person, corporation or association. No such authority to transfer may be granted without express consent of the person, corporation or association owning or leasing the track to which the transfer is made, but nothing in this section affects in any manner the license fees, requirements, rights, conditions, terms and provisions of NRS 466.120 or the provision for taxes contained in NRS 466.125.

      Sec. 11.  NRS 466.125 is hereby amended to read as follows:

      466.125  1.  [Except as otherwise provided in NRS 466.127, each] Each licensee conducting racing with pari-mutuel wagering shall pay to the commission for the use of the state a tax at the rate of 2 percent on all pari-mutuel money handled on horse [or mule races and 4 percent on all pari-mutuel money handled on greyhound races] races during the race meeting.

      2.  State fair associations, agricultural societies, county fair and recreation boards, county agricultural associations and nonprofit organizations formed to conduct race meetings shall pay 1 percent of the pari-mutuel money handled during race meetings.

      3.  Each licensee conducting racing with pari-mutuel wagering, except a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, shall distribute not less than 8 percent of all pari-mutuel money handled on horse [or mule] races as purses to the owners of the horses [or mules] winning those races.


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ê1997 Statutes of Nevada, Page 3133 (Chapter 633, AB 538)ê

 

or other association to which state or county aid is given, shall distribute not less than 8 percent of all pari-mutuel money handled on horse [or mule] races as purses to the owners of the horses [or mules] winning those races.

      Sec. 12.  NRS 466.155 is hereby amended to read as follows:

      466.155  1.  It is unlawful for any person to operate a system of pari-mutuel wagering on any licensed horse race [or dog race] at any location other than:

      (a) The enclosure wherein the race which is the subject of the wagering occurs; or

      (b) A licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

      2.  All other forms of wagering or betting on the results of any of the races licensed under this chapter outside the enclosure or licensed establishment are also illegal, unless expressly authorized by the commission.

      Sec. 13.  NRS 466.170 is hereby amended to read as follows:

      466.170  1.  The commission, on the recommendation of the board, shall adopt regulations for the licensing, supervising, disciplining, suspending, fining and barring from racing, on any track under the jurisdiction of the board or commission, of horses, [greyhounds,] owners, breeders, authorized agents, subagents, nominators, trainers, jockeys, jockey apprentices, jockey agents and any other person, persons, organizations, associations or corporations whose activities affect the conduct or operation of licensed race meetings.

      2.  At a licensed race meeting or race, a person shall not enter a horse [or greyhound] or participate as an owner, agent, nominator, trainer, jockey, jockey apprentice, or jockey agent, without first procuring from the board a license so to do, and paying such fees as the commission determines to be reasonable therefor. The board may issue such licenses, and may revoke them at any time for cause.

      3.  The regulations of the commission may include, but are not limited to, the following:

      (a) A requirement for fingerprinting, or other method of identification, of applicants and licensees;

      (b) A requirement for information concerning [applicants’] the antecedents, habits and character [;] of applicants; and

      (c) The procedure and form of application which applicants must follow and complete [prior to] before consideration of their applications by the board.

      4.  The commission, on the recommendation of the board, may adopt regulations for the conducting of pari-mutuel wagering under this chapter. The regulations must be similar to the [commission’s] regulations of the commission relating to the conduct of gaming adopted pursuant to chapter 463 of NRS.

      Sec. 14.  NRS 466.210 is hereby amended to read as follows:

      466.210  [1.]  The provisions of this chapter are intended to be statewide and exclusive in their effect, and no city, county or other political subdivision of this state may [, except as provided in NRS 244.347 or subsection 2 of this section,] make or enforce any local law, ordinance or regulation upon the subject of racing.


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ê1997 Statutes of Nevada, Page 3134 (Chapter 633, AB 538)ê

 

subsection 2 of this section,] make or enforce any local law, ordinance or regulation upon the subject of racing.

      [2.  A county or a city may prohibit greyhound racing outside or inside the corporate limits respectively. A city whose charter so provides may permit greyhound racing.]

      Sec. 15.  NRS 466.220 is hereby amended to read as follows:

      466.220  1.  Any person failing to appear before the commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, is guilty of a misdemeanor.

      2.  Any person aiding or abetting in the conduct of any meeting in this state at which races of horses [or greyhounds] are permitted for any stake, purse or reward, except in accordance with a license issued and unsuspended or unrevoked by the commission, is guilty of a gross misdemeanor.

      3.  Except as otherwise provided by this section or other specific statute, any violation of the provisions of this chapter or the regulations of the commission is a misdemeanor.

      Sec. 16.  NRS 244.347, 466.024, 466.118, 466.127 and 466.215 are hereby repealed.

      Sec. 17.  Any license which has been issued by the Nevada gaming commission pursuant to chapter 466 of NRS that authorizes a person to conduct dog racing or pari-mutuel wagering in connection with any dog race is hereby revoked effective on October 1, 1997.

      Sec. 18.  The provisions of section 2 of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 19.  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. 20.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1997.

________

 

CHAPTER 634, AB 600

Assembly Bill No. 600–Committee on Health and Human Services

CHAPTER 634

AN ACT relating to county hospital districts; providing in skeleton form for the establishment of a hospital district that includes territory within more than one county; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a hospital district created pursuant to NRS 450.550 to 450.700, inclusive, includes territory within more than one county, the board of trustees of the hospital district must consist of three members of the board of county commissioners that created the district and:


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ê1997 Statutes of Nevada, Page 3135 (Chapter 634, AB 600)ê

 

      (a) Three members of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is two-thirds or more of the total area of the county;

      (b) Two members of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is more than one-third of the total area of the county but less than two-thirds of the total area of the county; or

      (c) One member of the board of county commissioners of each county other than the county of the board of county commissioners that created the district, if the portion of the county included in the district is one-third or less of the total amount of the area of the county.

      2.  Each member of the board of trustees appointed pursuant to this section must be appointed by the board of county commissioners of which he is a member.

      3.  The term of office of the members of the board of trustees is 3 years.

      4.  A member who ceases to be a member of the board of county commissioners that appointed him ceases to be a member of the board of trustees.

      5.  Any vacancy must be filled for the unexpired term by the board of county commissioners that appointed the member who created the vacancy.

      Sec. 2.  NRS 450.550 is hereby amended to read as follows:

      450.550  As used in NRS 450.550 to 450.700, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Board of trustees” means:

      (a) A board of hospital trustees [elected] :

             (1) Elected pursuant to NRS 450.620; or

             (2) Appointed pursuant to section 1 of this act; or

      (b) [The] A board of county commissioners , if [an ordinance has been enacted] that board enacts an ordinance which provides that the board of county commissioners is, ex officio, the board of hospital trustees.

      2.  “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.

      Sec. 3.  NRS 450.560 is hereby amended to read as follows:

      450.560  1.  The board of county commissioners of any county may of its own motion establish a hospital district [or districts in such county] in the manner prescribed in NRS 450.550 to 450.700, inclusive. [Such power] The establishment of a hospital district is in addition to any other powers granted to a board of county commissioners pursuant to NRS 450.010 to 450.510, inclusive.

      2.  Except as otherwise provided in this subsection, a hospital district specified in subsection 1 may include territory within more than one county. If the establishment of such a district is proposed by a board of county commissioners, the district may be established only if the board of county commissioners of each county included within the district, other than the county of the board of county commissioners that proposes to establish the district, adopts a resolution approving the establishment of the district.


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ê1997 Statutes of Nevada, Page 3136 (Chapter 634, AB 600)ê

 

      Sec. 4.  NRS 450.570 is hereby amended to read as follows:

      450.570  The notice of intent to [exercise such power shall:

      1.  Be headed “Notice of the proposed formation of hospital district in ................ County (stating] establish a hospital district must:

      1.  State the name of the proposed district and the name of the county or counties in which the proposed district is located . [).”]

      2.  State the [fact that the board of county commissioners of the county has fixed the] time and place [(which shall be stated in the notice)] fixed by the board of county commissioners for a hearing on the [matter of the formation of a county hospital] proposed establishment of the district.

      3.  Describe the territory or [shall] specify the exterior boundaries of the territory proposed to be [organized into a hospital] included within the district, which boundaries, so far as practicable, [shall] must be the centerlines of highways.

      4.  Be published once a week for 2 successive weeks [prior to] before the time fixed for the hearing in [the] a newspaper designated by the board of county commissioners.

      Sec. 5.  NRS 450.580 is hereby amended to read as follows:

      450.580  1.  At or before the time fixed for the hearing of the [matter, or at any time prior thereto,] proposed establishment of a hospital district, any person interested may file [with the clerk of the board] written objections to the [formation] establishment of the district [.] with the clerk of the board of county commissioners that proposes to establish the district.

      2.  At the [time fixed for the hearing, or to which the hearing may be adjourned,] hearing, the board of county commissioners shall hear [the] and consider any objections filed [, if any, and pass upon the same.] pursuant to subsection 1.

      3.  The board may [, in its discretion, sustain any or all of the] :

      (a) Sustain any objections filed [and may change] pursuant to subsection 1;

      (b) Change or alter the boundaries of [such] the proposed district to conform to the [needs] requirements of the district ; and [to exclude therefrom]

      (c) Exclude from the district any land that will not be benefited by the [formation of such a] establishment of the district.

      Sec. 6.  NRS 450.590 is hereby amended to read as follows:

      450.590  1.  [When] Except as otherwise provided in subsection 3, if 25 percent or more of the holders of title or evidence of title to lands lying within the proposed district, whose names appear as such upon the last county assessment roll, present a petition to the board of county commissioners of the county in which the land lies, setting forth the exterior boundaries of the proposed district and asking that the district so described be [formed into] established within a county hospital district [under] pursuant to the provisions of NRS 450.550 to 450.700, inclusive, the board of county commissioners shall [pass] adopt a resolution declaring the [board’s intention to form or organize such territory into] intention of the board to include the territory within a county hospital district, naming the district and describing its exterior boundaries.

      2.  The resolution [shall:] must:


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ê1997 Statutes of Nevada, Page 3137 (Chapter 634, AB 600)ê

 

      (a) Fix a time and place for the hearing of the [matter] proposed establishment of the district not less than 30 days after its adoption.

      (b) Direct the clerk of the board of county commissioners to publish [the] :

             (1) The notice of intention of the board of county commissioners to [form such] establish the county hospital district [, and of the] ; and

             (2) The time and place fixed for the hearing . [, and shall designate that publication shall be in some]

      (c) Designate that the notice must be published in a newspaper of general circulation published in the county and circulated in the proposed county hospital district, or if there is no newspaper so published and circulated , then in [some] a newspaper of general circulation circulated in the proposed district.

      3.  The provisions of this section do not apply to a proposed hospital district if it includes territory within more than one county.

      Sec. 7.  NRS 450.620 is hereby amended to read as follows:

      450.620  1.  Except as otherwise provided in subsection 2 [,] and section 1 of this act, if a hospital district is created pursuant to NRS 450.550 to 450.700, inclusive, the board of county commissioners shall provide by ordinance for:

      (a) The number of members of the board of trustees [who shall govern the hospital;

      (b) Their] ;

      (b) The term of office [,] of the trustees, which must not exceed 4 years; and

      (c) The times and manner of [their election,] the election of the trustees, which must be nonpartisan.

      2.  [The] If a hospital district specified in subsection 1 does not include territory within more than one county, the board of county commissioners may enact an ordinance providing that the board of county commissioners is, ex officio, the board of hospital trustees of the district hospital. If such an ordinance is enacted in a county:

      (a) The county commissioners shall serve as the hospital trustees of the district hospital during their terms of office as county commissioners; and

      (b) If hospital trustees have been elected pursuant to subsection 1, the term of office of each hospital trustee of the district hospital who is serving in that capacity on the effective date of the ordinance is terminated as of the effective date of the ordinance.

      3.  A board of county commissioners shall not enact an ordinance pursuant to subsection 2 unless it determines that:

      (a) The county has fully funded its indigent care account created pursuant to NRS 428.010;

      (b) The county has fulfilled its duty to reimburse the hospital for indigent care provided to qualified indigent patients; and

      (c) During the previous calendar year:

             (1) At least one of the hospital’s accounts payable was more than 90 days in arrears;


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ê1997 Statutes of Nevada, Page 3138 (Chapter 634, AB 600)ê

 

             (2) The hospital failed to fulfill its statutory financial obligations, [such as] including the payment of taxes, premiums for industrial insurance or contributions to the public employees’ retirement system;

             (3) One or more of the conditions relating to financial emergencies set forth in subsection 1 of NRS 354.685 existed at the hospital; or

             (4) The hospital received notice from the Federal Government or the State of Nevada that the certification or [licensure] license of the hospital was in imminent jeopardy of being revoked because the hospital had not carried out a previously established plan of action to correct previously noted deficiencies found by the regulatory body.

      Sec. 8.  NRS 450.660 is hereby amended to read as follows:

      450.660  1.  At the time of making the levy of county taxes for that year, [the boards of county commissioners] each board of trustees shall levy a tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise the amount so budgeted upon [all property, both] any real and personal [,] property that is subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines [as authorized in] pursuant to this section must be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      2.  When levied, the tax must be [entered] :

      (a) Entered upon the assessment rolls of each county that is included within the district; and [collected]

      (b) Collected in the same manner as state and county taxes.

      3.  When the tax is collected it must be [placed] :

      (a) Placed in the treasury of the county in which the district hospital is located;

      (b) Credited to [the credit of] the current expense fund of the district [, and must be used] ; and

      (c) Used only for the purpose for which it was raised.

      Sec. 9.  NRS 450.665 is hereby amended to read as follows:

      450.665  1.  The board of trustees may borrow money and incur or assume indebtedness on behalf of the county hospital district if the total amount of [all such] the indebtedness, excluding revenue bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 10 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, located within the district.

      2.  The board of trustees shall not borrow money or issue securities to evidence such borrowing until the board has obtained the approval of the:

      (a) Debt management commission; and

      (b) Board of county commissioners,

of [the] each county in which the hospital district is located.

      Sec. 10.  NRS 450.700 is hereby amended to read as follows:

      450.700  1.  The board of [county commissioners of the county in which a district hospital is located] trustees may determine whether patients presented to the district hospital for treatment are subjects of charity. Except as otherwise provided in NRS 439B.330, the board of [county commissioners] trustees shall establish [by ordinance] the criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.


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ê1997 Statutes of Nevada, Page 3139 (Chapter 634, AB 600)ê

 

commissioners] trustees shall establish [by ordinance] the criteria and procedures to be used in the determination of eligibility for medical care as medical indigents or subjects of charity.

      2.  The board of trustees shall fix the charges for treatment of those persons who are able to pay for [it, as the board deems just and proper.] the treatment. The receipts [therefor] for those charges must be paid to the county treasurer of the county in which the district hospital is located and credited by him to the fund for the district.

________

 

CHAPTER 635, SB 50

Senate Bill No. 50–Committee on Human Resources and Facilities

CHAPTER 635

AN ACT relating to the department of museums, library and arts; renaming the state council on the arts and the position of state librarian; providing for staggered terms of office for the members of the state council on libraries and literacy; authorizing the commission for cultural affairs to use money from the fund for the preservation and promotion of cultural resources to pay for administrative services; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 378.008 is hereby amended to read as follows:

      378.008  1.  There is hereby created the department of museums, library and arts, in which is vested the administration of the provisions of this Title and chapter 233C of NRS.

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

      (a) The division of state library and archives;

      (b) The division of museums and history;

      (c) The office of historic preservation;

      (d) The state arts council ; [on the arts;]

      (e) The board of museums and history;

      (f) The state council on libraries and literacy;

      (g) The state historical records advisory board; and

      (h) The commission for cultural affairs.

      Sec. 2.  NRS 378.010 is hereby amended to read as follows:

      378.010  The state [librarian:] library and archives administrator:

      1.  Is appointed by and responsible to the director and he serves at the pleasure of the director.

      2.  Must be appointed on the basis of merit.

      3.  Is in the classified service, except for the purposes of removal.

      Sec. 3.  NRS 378.020 is hereby amended to read as follows:

      378.020  The state [librarian shall:] library and archives administrator must:


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ê1997 Statutes of Nevada, Page 3140 (Chapter 635, SB 50)ê

 

      1.  Be a graduate of a library school accredited by the American Library Association [; and] or be certified by the Academy of Certified Archivists; and

      2.  Have at least [2] 5 years of library or archival experience in an administrative capacity.

      Sec. 4.  NRS 378.050 is hereby amended to read as follows:

      378.050  The state [librarian] library and archives administrator shall submit a biennial report to the governor and the legislature of the condition, operation and functioning of the state library and archives.

      Sec. 5.  NRS 378.060 is hereby amended to read as follows:

      378.060  The state [librarian] library and archives administrator shall employ such librarians , archivists and other technical, clerical and operational staff as the execution of his duties and the maintenance and operation of the state library and archives may require.

      Sec. 6.  NRS 378.070 is hereby amended to read as follows:

      378.070  The state [librarian] library and archives administrator may designate the hours that the state library and archives must be open for the use of the public, but they must be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays.

      Sec. 7.  NRS 378.080 is hereby amended to read as follows:

      378.080  1.  The state [librarian] library and archives administrator is responsible for the state library and archives.

      2.  He shall:

      (a) Administer the state library and archives in accordance with the law . [and] The state library must also be administered in accordance with good library practice.

      (b) Withdraw from the library’s collection and dispose of [any] items no longer needed.

      (c) Maintain the state library, including the selection, acquisition, circulation and custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.

      (d) Maintain a comprehensive collection and reference service to meet the reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.

      (e) Make and enforce regulations necessary for the administration, government and protection of the state library and all property belonging thereto.

      (f) Issue official lists of publications of the state and other bibliographical and informational publications as appropriate.

      3.  He may:

      (a) Borrow from, lend to [,] and exchange books and other library and informational materials with other libraries and related agencies.

      (b) Accept, administer and distribute, in accordance with the terms thereof, any money, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.


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ê1997 Statutes of Nevada, Page 3141 (Chapter 635, SB 50)ê

 

      Sec. 8.  NRS 378.081 is hereby amended to read as follows:

      378.081  1.  The state [librarian] library and archives administrator is responsible for the statewide program of development and coordination of library and informational services.

      2.  He shall:

      (a) Collect, compile and publish statistics and information concerning the operation of libraries in [the] this state.

      (b) Carry out continuing studies and analyses of library problems.

      (c) Maintain a clearinghouse of information, data and other materials in the field of library and informational services.

      (d) Provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.

      (e) Make available to public libraries advice and technical assistance with respect to programs of public relations.

      (f) Assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and informational services.

      (g) Encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to problems with respect to library and informational services.

      (h) Administer such funds as may be made available by the legislature for improvement of public library services, interlibrary cooperation or for other library and information-transfer services.

      (i) Subject to the approval of local governing bodies, designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information network.

      3.  He may contract with agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside [the] this state, for library services, facilities, research or any other related purposes.

      Sec. 9.  NRS 378.083 is hereby amended to read as follows:

      378.083  The state [librarian] library and archives administrator shall develop:

      1.  Standards for public libraries which will serve as recommendations for those libraries with respect to services, resources, personnel and programs to provide sources of information to persons of all ages, including handicapped persons and disadvantaged persons, and encourage continuing education beyond the years of formal education. The standards must take into account the differences in size and resources among the public libraries of the state.

      2.  A statewide master plan for public libraries, including plans for levels of library services and resources, which is developed through a continuing process of planning in which representatives from public libraries throughout the state participate. The master plan must be designed to extend 5 years into the future and must be made current at least every 2 years.


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ê1997 Statutes of Nevada, Page 3142 (Chapter 635, SB 50)ê

 

      Sec. 10.  NRS 378.090 is hereby amended to read as follows:

      378.090  Any gift of money to the state library and archives or to the State of Nevada for its library or archives which the state [librarian] library and archives administrator is authorized to accept must be deposited in the state treasury in a fund to be known as the gift fund for the state library and archives. This fund is a continuing fund without reversion, and money in the fund must be used for those purposes only and expended in accordance with the terms of the gift.

      Sec. 11.  NRS 378.100 is hereby amended to read as follows:

      378.100  The state [librarian] library and archives administrator is authorized to accept and direct the disbursement of money appropriated by [any] an act of Congress and apportioned to the state for libraries. That federal money must be deposited in the state treasury for credit to the appropriate account of the state library and archives.

      Sec. 12.  NRS 378.110 is hereby amended to read as follows:

      378.110  Money collected by the state [librarian] library and archives administrator from fines must be deposited in the appropriated fund of the state library and archives, and may be credited to those budgeted items designated by the state [librarian.] library and archives administrator.

      Sec. 13.  NRS 378.120 is hereby amended to read as follows:

      378.120  1.  The state [librarian] library and archives administrator may collect a charge from [any] a person who requests [any] a photostatic copy, or photocopy print, of [any] a paper or document from the state library. The amount of the charge must be set by the state [librarian] library and archives administrator but may not exceed the cost of the photographic copying process for any specific paper or document.

      2.  [Where any] If a person requests a duplicate of a roll of microfilm belonging to the state library and archives, the state library and archives is entitled to a fee not to exceed $2 for each duplicate made in excess of the cost of the duplicate. The processor making the duplicate shall collect such fee for the state library and archives. The money collected from such fees must be deposited in the state treasury and credited to the account of the state library and archives. The receipts may be expended by the state library and archives pursuant to the provisions of law authorizing budgeted expenditures of money not appropriated from the general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.

      Sec. 14.  NRS 378.130 is hereby amended to read as follows:

      378.130  Funds to carry out the provisions of this chapter [shall] must be provided by legislative appropriation from the general fund, and [shall] must be paid out on claims as other claims against the state are paid. All claims [shall] must be approved by the state [librarian] library and archives administrator before they are paid.

      Sec. 15.  NRS 378.170 is hereby amended to read as follows:

      378.170  1.  There is hereby created within the state library and archives a state publications distribution center.


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ê1997 Statutes of Nevada, Page 3143 (Chapter 635, SB 50)ê

 

      2.  The state [librarian] library and archives administrator may make such regulations as may be necessary to carry out the purposes of the center.

      Sec. 16.  NRS 378.190 is hereby amended to read as follows:

      378.190  1.  The state publications distribution center may enter into depository agreements with any city, county, district, regional, town or university library in this state.

      2.  The state [librarian] library and archives administrator shall establish standards for eligibility as a depository library [under] pursuant to subsection 1. Such standards may include and take into account:

      (a) The type of library;

      (b) Its ability to preserve such publications and to make them available for public use; and

      (c) Its geographical location in order to assure that the publications are conveniently accessible to residents in all areas of the state.

      Sec. 17.  NRS 378.240 is hereby amended to read as follows:

      378.240  The state [librarian] library and archives administrator shall, within the limits of legislative appropriations:

      1.  Maintain and properly equip safe and secure premises and vaults at the seat of government for the preservation and use of material deposited in the archives.

      2.  Employ persons in the classified service of the state to preserve, index and aid in the use of material deposited in the archives.

      3.  Give an appropriate receipt for material received by him for the archives.

      4.  Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, make material deposited in the archives readily available for use.

      5.  Receive into the archives any material when directed to do so by the [state board of examiners.] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073.

      Sec. 18.  NRS 378.245 is hereby amended to read as follows:

      378.245  1.  The state [librarian] library and archives administrator has custody of and shall carefully preserve in the division:

      (a) The enrolled copy of the constitution of the State of Nevada.

      (b) The description of the state seal and other seals of which a description may be required to be deposited in the division.

      (c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.

      (d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.

      (e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.

      (f) All the books, records, parchments, maps, registers, papers and other material required to be deposited or kept in the division.

      (g) All expired official bonds approved by the governor.

      2.  The state [librarian] library and archives administrator shall not permit the original papers and other material to be taken out of the archives unless he determines that the circumstances ensure the safety and integrity of the papers and other material.


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ê1997 Statutes of Nevada, Page 3144 (Chapter 635, SB 50)ê

 

unless he determines that the circumstances ensure the safety and integrity of the papers and other material.

      Sec. 19.  NRS 378.250 is hereby amended to read as follows:

      378.250  The state [librarian] library and archives administrator may:

      1.  Receive into the archives [any] material from a state agency if he finds that it is of historical value.

      2.  With the approval of the [state board of examiners,] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073, return to the state agency from which it was received, material in the archives which he finds is not of historical value.

      3.  Receive into the archives [any] material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if he finds that it is of historical value.

      4.  With the approval of the [state board of examiners,] committee to approve schedules for the retention and disposition of official state records, turn over to [the:

      (a) Nevada historical society;

      (b) Nevada state museum;

      (c) Nevada museum and historical society;

      (d) Nevada railroad museum; or

      (e)] :

      (a) Any agency in the department; or

      (b) The University and Community College System of Nevada,

[any] material in the archives which he finds to be surplus, not properly in the archives or appropriate to be kept elsewhere.

      5.  Expend [any] a gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in [any] a manner which will further the purposes of the division.

      Sec. 20.  NRS 378.255 is hereby amended to read as follows:

      378.255  The state [librarian] library and archives administrator may:

      1.  Adopt regulations and establish standards, procedures and techniques for the effective management of records.

      2.  Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.

      3.  Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.

      4.  Establish, maintain and operate a center for storing and retrieving records for state agencies pending [their] the acceptance of the records by the division or [their] the disposition of the records in any other manner prescribed by law.

      5.  Establish a program for the control and management of forms, files, reports, directives and correspondence.

      6.  Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or reestablishment of government in the event of a disaster.


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for the continuation or reestablishment of government in the event of a disaster.

      7.  Provide advice and technical assistance to state agencies, local governmental entities and, if requested, the legislative and judicial branches of state government concerning any aspect of managing records.

      8.  Through the division, inspect the physical nature of [any] governmental records in the custody of a state or local governmental agency which are not confidential or privileged.

      9.  With the approval of the [state board of examiners,] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073, bring an action to obtain possession of the records of a state or local governmental agency which are:

      (a) Of historical value and are not being properly cared for; or

      (b) Privately held.

In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.

      Sec. 21.  NRS 378.260 is hereby amended to read as follows:

      378.260  The state [librarian] library and archives administrator may enter into an agreement with the secretary of state to keep in the archives [any] material of which the secretary of state is required by law to have custody and to preserve.

      Sec. 22.  NRS 378.270 is hereby amended to read as follows:

      378.270  1.  Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, the state [librarian] library and archives administrator shall furnish, on request, to [any] a person who has paid the proper fees for it, a copy of [any] material not deemed confidential in the archives, and may certify it if required.

      2.  The state [librarian] library and archives administrator may charge a reasonable fee for searching archives of the state, for producing copies of and for certifying copies of [any] material in the archives.

      Sec. 23.  NRS 378.280 is hereby amended to read as follows:

      378.280  1.  Except as otherwise provided in subsection 2, the state [librarian] library and archives administrator shall establish and administer a program for the efficient and economical creation, use, maintenance, retention, preservation and disposition of the records of the executive branch of the government of the State of Nevada.

      2.  The director of the department of transportation may establish his own program for the management of the department’s records, if he confers with the state [librarian] library and archives administrator regarding the program. The program must incorporate generally accepted practices for managing records.

      Sec. 24.  NRS 378.310 is hereby amended to read as follows:

      378.310  Whenever a constitutional officer or former constitutional officer has deposited records relating to his office, other than public records, in the division upon a condition that access to the records be restricted until the end of a specified period, the state [librarian] library and archives administrator shall maintain the restrictions as prescribed in the agreement, but no such restrictions may validly extend more than 25 years after the creation of the records.


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agreement, but no such restrictions may validly extend more than 25 years after the creation of the records.

      Sec. 25.  NRS 378.320 is hereby amended to read as follows:

      378.320  Except for documents which have been accepted into the archives and over which he is vested with the right of control and possession, the state [librarian] library and archives administrator shall not destroy [any] a record transferred to the division by a state agency unless:

      1.  He first consults with the proper official of the transferring agency; and

      2.  The destruction is carried out in accordance with a schedule for retention and disposal which has been approved by the [state board of examiners.] committee to approve schedules for the retention and disposition of official state records created pursuant to NRS 239.073.

      Sec. 26.  NRS 378A.030 is hereby amended to read as follows:

      378A.030  The state historical records advisory board, consisting of the state [librarian] library and archives administrator and nine members appointed by the governor, is hereby created. The state [librarian] library and archives administrator shall serve as a nonvoting member of the board and secretary to the board. The board is responsible to the governor and may make recommendations to the legislature.

      Sec. 27.  NRS 378A.050 is hereby amended to read as follows:

      378A.050  1.  The board shall meet regularly at least three times a year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.

      2.  Each member of the board who is not an employee of the state is entitled to receive a salary of [$60] $80 for each day’s attendance at a meeting of the board.

      3.  Payments of salaries must be made upon itemized and verified claims approved by the state [librarian] library and archives administrator from money appropriated to the state library and archives.

      Sec. 28.  NRS 378A.060 is hereby amended to read as follows:

      378A.060  The board shall:

      1.  Examine and assess archives and public records programs and the facilities, professional staffs and auxiliary personnel that support such programs.

      2.  Prepare a report to be submitted on or before January 1 of each odd-numbered year to the governor and the legislative commission.

      3.  Review and evaluate applications made by political subdivisions and private organizations for grants from the account for historical records to improve the preservation of historical records.

      4.  Make recommendations to the state [librarian] library and archives administrator for approval of applications for grants from the account for historical records.

      5.  Publish any material pertaining to its work as it deems appropriate.

      Sec. 29.  NRS 378A.070 is hereby amended to read as follows:

      378A.070  1.  The account for historical records is hereby created in the state general fund to be administered by the state [librarian.] library and archives administrator. Money in the account may be expended only for grants to promote and preserve historical recordkeeping and for carrying out the provisions of this chapter.


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grants to promote and preserve historical recordkeeping and for carrying out the provisions of this chapter.

      2.  All money received by the board from any source must be deposited in the state treasury to the credit of the account.

      3.  All claims against the account must be paid as other claims against the state are paid.

      Sec. 30.  NRS 378A.100 is hereby amended to read as follows:

      378A.100  The state [librarian] library and archives administrator shall maintain the records of the board at the state library and archives.

      Sec. 31.  NRS 379.007 is hereby amended to read as follows:

      379.007  The purpose of certifying the personnel of public libraries is to protect the general welfare of the people of this state. Any certificate issued by the state [librarian] library and archives administrator is a revocable privilege and no holder of a certificate acquires any vested right therein.

      Sec. 32.  NRS 379.0073 is hereby amended to read as follows:

      379.0073  1.  The state [librarian] library and archives administrator shall adopt regulations establishing standards for the certification by the state [librarian] library and archives administrator of the personnel of public libraries in this state.

      2.  The regulations must include:

      (a) Standards for the certification of various categories of library personnel, based upon their educational backgrounds, work experience and job descriptions.

      (b) The qualifications required for certification, including the courses of study or training required for each category of certification.

      3.  The regulations may include:

      (a) Provisions governing the issuance of conditional certificates to personnel of public libraries before the completion of all courses of study or other requirements for certification.

      (b) Provisions governing the issuance of provisional certificates pursuant to NRS 379.0077.

      4.  The regulations must provide that they do not apply to a public library unless the governing authority of the library has approved the regulations for use by the library.

      Sec. 33.  NRS 379.0077 is hereby amended to read as follows:

      379.0077  Every applicant for certification by the state [librarian must] library and archives administrator shall submit with his application a complete set of his fingerprints and written permission authorizing the state [librarian] library and archives administrator 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. The state [librarian] library and archives administrator may issue a provisional certificate pending receipt of the report if he determines that the applicant is otherwise qualified.

      Sec. 34.  NRS 379.008 is hereby amended to read as follows:

      379.008  1.  An application to the state [librarian] library and archives administrator for certification and all documents in the file of the state [librarian] library and archives administrator relating to an application, including:


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ê1997 Statutes of Nevada, Page 3148 (Chapter 635, SB 50)ê

 

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation;

      (c) Transcripts of the applicant’s record at colleges or other educational institutions;

      (d) [Any correspondence] Correspondence concerning the application; and

      (e) [Any other] Other personal information concerning the applicant,

are confidential.

      2.  It is unlawful to disclose or release the information in an application or [any] a related document except pursuant to the written authorization of the applicant.

      3.  The state [librarian] library and archives administrator shall, upon request, make available the file of the applicant for [his] inspection by the applicant during regular business hours.

      Sec. 35.  NRS 379.0083 is hereby amended to read as follows:

      379.0083  The state [librarian] library and archives administrator may adopt regulations establishing fees:

      1.  Of not more than $5 for the issuance and renewal of a certificate. The fee for issuing a duplicate certificate must be the same as for issuing the original. The money received from such fees must be paid into the state general fund.

      2.  To cover the amount charged by the Federal Bureau of Investigation for processing the fingerprints of an applicant. The money received from such fees must be deposited with the state treasurer for credit to the appropriate account of the division of state library and archives of the department of museums, library and arts.

      Sec. 36.  NRS 379.0087 is hereby amended to read as follows:

      379.0087  1.  The state [librarian] library and archives administrator shall adopt regulations setting forth standards for the approval of a course of study or training offered by an educational institution to qualify a person for certification.

      2.  Except as otherwise provided in subsection 3, the state [librarian] library and archives administrator shall, upon the application of an educational institution or as he determines necessary, review and evaluate a course of study or training offered by an educational institution to qualify a person for certification. If the course of study or training meets the standards established by the state [librarian,] library and archives administrator, it must be approved by the state [librarian.] library and archives administrator.

      3.  In lieu of reviewing and evaluating a course of study or training, the state [librarian] library and archives administrator may approve a course of study or training which is approved by a national agency for accreditation.

      4.  If the state [librarian] library and archives administrator denies or withdraws approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state [librarian.] library and archives administrator.


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ê1997 Statutes of Nevada, Page 3149 (Chapter 635, SB 50)ê

 

      Sec. 37.  NRS 379.009 is hereby amended to read as follows:

      379.009  The state [librarian] library and archives administrator shall file with the governing authority of each public library in this state a directory of all personnel who hold certificates, and shall advise the governing authority from time to time, as necessary, of [any] changes or additions to the directory.

      Sec. 38.  NRS 379.150 is hereby amended to read as follows:

      379.150  [Any] A library operated [under] pursuant to the provisions of this chapter may enter into agreements with the state [librarian,] library and archives administrator, where the objective of the agreements is the improvement of library service.

      Sec. 39.  NRS 380.153 is hereby amended to read as follows:

      380.153  1.  The state [librarian] library and archives administrator shall adopt by regulation a list of legal books and materials which are considered primary sources and which he has determined [should] must be available in every county to the inhabitants of that county.

      2.  Each board of county commissioners shall ensure that all of the legal books and materials listed by the state [librarian] library and archives administrator are accessible to the inhabitants of the county:

      (a) By making them available for use during normal business hours in either the law library or a public library; or

      (b) Pursuant to an agreement with another library which has them.

The place where [they] those legal books and materials are located must be plainly marked as an area accessible to the general public.

      Sec. 40.  NRS 380.190 is hereby amended to read as follows:

      380.190  1.  Whenever the board of county commissioners of any county in which a law library has been established pursuant to the provisions of this chapter desires to discontinue the law library, the board of county commissioners shall discontinue the law library by the enactment of an ordinance. The ordinance must provide for:

      (a) The discontinuance of the law library.

      (b) The transfer of the law library books to the chambers of the district judge or judges of the county or to other appropriate locations in the county.

      (c) The keeping thereafter of such books in the judges’ chambers or other locations.

      (d) The transfer of all money in the law library fund to the county school district fund.

      (e) The abolishment of the offices of law library trustees, if any.

      2.  After such an ordinance takes effect, the county clerk shall not set aside the fees provided for in NRS 380.110.

      3.  The discontinuance of a law library does not alter the duty of the board of county commissioners to provide, at a publicly accessible location, all legal books and materials which the state [librarian] library and archives administrator has determined, pursuant to NRS 380.153, [should] must be available in every county.

      Sec. 41.  NRS 380A.031 is hereby amended to read as follows:

      380A.031  1.  The state council on libraries and literacy [, consisting of 11 members appointed by the governor,] is hereby created. The council is advisory to the division of state library and archives of the department of museums, library and arts.


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ê1997 Statutes of Nevada, Page 3150 (Chapter 635, SB 50)ê

 

advisory to the division of state library and archives of the department of museums, library and arts.

      2.  The council consists of 11 members appointed by the governor. Unless specifically appointed to a shorter term, the term of office of a member of the council is 3 years and commences on July 1 of the year of appointment. The terms of office of the members of the council must be staggered to result in, as nearly as possible, the appointment of three or four members to the council on July 1 of each year.

      Sec. 42.  NRS 380A.061 is hereby amended to read as follows:

      380A.061  The council shall elect a chairman and a vice chairman at the first meeting held after July 1 of each year. The state [librarian] library and archives administrator shall serve as secretary of the council but is not entitled to a vote. The secretariat is the state library and archives, where all files and records of the council must be maintained.

      Sec. 43.  NRS 380A.071 is hereby amended to read as follows:

      380A.071  1.  The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.

      2.  Each member of the council is entitled to receive a salary of not more than $80, as fixed by the council, for each day’s attendance at a meeting of the council.

      3.  While engaged in the business of the council, each member and employee of the council is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  Payments must be made upon itemized and verified claims approved by the state [librarian] library and archives administrator from money appropriated to the state library and archives.

      Sec. 44.  NRS 380A.081 is hereby amended to read as follows:

      380A.081  The council may:

      1.  Examine and overview the whole state of libraries, librarianship, library education, library resources, and all allied and cognate activities and prepare a record of its findings.

      2.  Require public libraries to provide necessary library statistics and reports and to make recommendations for the advancement of libraries.

      3.  Report biennially to the governor and legislature. The report must be filed on or before January 1 of each odd-numbered year.

      4.  Publish [any] material pertaining to its work that it may order issued.

      5.  Review plans and applications submitted by libraries and political subdivisions for state grants-in-aid and make recommendations to the state [librarian] library and archives administrator concerning approval.

      6.  Examine and evaluate the programs for literacy in this state.

      7.  Establish a plan for coordinating programs and activities for promoting and increasing literacy in this state.

      Sec. 45.  NRS 380A.101 is hereby amended to read as follows:

      380A.101  All gifts of money which the council is authorized to accept must be deposited in the state treasury in a nonreverting gift fund and expended in accordance with the budget laws of the State of Nevada upon properly itemized and verified claims approved by the state [librarian] library and archives administrator and the council.


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ê1997 Statutes of Nevada, Page 3151 (Chapter 635, SB 50)ê

 

      Sec. 46.  NRS 382.060 is hereby amended to read as follows:

      382.060  The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state [librarian] library and archives administrator from the archives and records of the division of state library and archives of the department of museums, library and arts.

      Sec. 47.  NRS 233B.040 is hereby amended to read as follows:

      233B.040  1.  To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:

      (a) The Nevada Administrative Code; and

      (b) Temporary and emergency regulations.

In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority [under] pursuant to which the function was assigned.

      2.  Every regulation adopted by an agency must include:

      (a) A citation of the authority pursuant to which it, or any part of it, was adopted; and

      (b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.

      3.  An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:

      (a) It files one copy of the publication with the secretary of state and one copy with the state [librarian,] library and archives administrator, and makes at least one copy available for public inspection with its regulations; and

      (b) The reference discloses the source and price for purchase of the publication.

An agency shall not attempt to incorporate any other material in a regulation by reference.

      Sec. 48.  NRS 233B.0607 is hereby amended to read as follows:

      233B.0607  1.  The agency shall at the time of giving the notice:

      (a) Deposit one copy of the notice and text of the proposed regulation with the state [librarian;] library and archives administrator;

      (b) Keep at least one copy of the notice and text available in each of its offices from the date of the notice to the date of the hearing, for inspection and copying by the public; and

      (c) If the agency does not maintain an office in a county, deposit one copy of the notice and text with the librarian of the main public library in the county.


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      2.  The text of the proposed regulation so disseminated must include the entire text of any section of the Nevada Administrative Code which is proposed for amendment or repeal.

      3.  After the final draft or revision of an adopted regulation is received , each such librarian may discard the deposited copy of the proposed regulation.

      Sec. 49.  NRS 233B.065 is hereby amended to read as follows:

      233B.065  1.  The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the [code,] Nevada Administrative Code, he may prescribe the same matters in original agency regulations.

      2.  The legislative counsel shall prepare or cause the superintendent of the state printing and micrographics division of the department of administration to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:

      (a) By the secretary of state as the master copy;

      (b) By the state [librarian] library and archives administrator for public use;

      (c) By the attorney general for his use and that of the executive department; and

      (d) By the legislative counsel for his use and that of the legislature.

The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.

      3.  The legislative counsel shall, without charge, provide:

      (a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and

      (b) To each legislator who has so acquired the [code,] Nevada Administrative Code, the replacement or supplementary pages which are issued during his term of office.

      4.  Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of administration for their respective costs in preparing and keeping current that agency’s portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.

      Sec. 50.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  A permanent regulation becomes effective upon filing with the secretary of state the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date is specified in the regulation.

      2.  A temporary or emergency regulation becomes effective upon filing with the secretary of state the original of the final draft or revision of a regulation by the agency, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel bureau, together with the informational statement prepared pursuant to NRS 233B.066.


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together with the informational statement prepared pursuant to NRS 233B.066.

      3.  The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.

      4.  The secretary of state shall file, with the original of each agency’s rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.

      5.  Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state [librarian,] library and archives administrator, to the state [librarian] library and archives administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.

      6.  Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.

      7.  An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.

      Sec. 51.  NRS 233C.010 is hereby amended to read as follows:

      233C.010  As used in this chapter, unless the context otherwise requires, “council” means the state arts council . [on the arts.]

      Sec. 52.  NRS 233C.030 is hereby amended to read as follows:

      233C.030  The state arts council , [on the arts,] consisting of nine members appointed by the governor, is hereby created.

      Sec. 53.  NRS 233C.200 is hereby amended to read as follows:

      233C.200  1.  The commission for cultural affairs is hereby created. The commission is advisory to the department of museums, library and arts and consists of:

      (a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;

      (b) The chairman of the state arts council [on the arts] or a member of the council designated by him;

      (c) The chairman of the board of museums and history or a member of the board designated by him;

      (d) A member of the board of museums and history, to be appointed by the governor; [and]


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ê1997 Statutes of Nevada, Page 3154 (Chapter 635, SB 50)ê

 

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor [.] ; and

      (f) The chairman of the state council on libraries and literacy or a member of the council designated by him.

      2.  The commission shall:

      (a) Elect from its membership a chairman who shall serve for a term of 2 years. [Any] A vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired term.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.

      3.  Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.

      4.  The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.

      5.  [Administrative] The commission may use the money derived from interest earned on the money in the fund for the preservation and promotion of cultural resources created pursuant to NRS 233C.230 to pay for administrative services required by the commission . [must be provided by the members of the staff of the various agencies represented by the members of the commission.]

      Sec. 54.  NRS 233C.230 is hereby amended to read as follows:

      233C.230  1.  There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.

      2.  [The] Except as otherwise provided in subsection 5 of NRS 233C.200, the commission may expend money in the fund only for projects identified in the commission’s plan to promote and preserve the state’s cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive.

      3.  The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.

      4.  Claims against the fund must be paid as other claims against the state are paid.

      Sec. 55.  NRS 239.073 is hereby amended to read as follows:

      239.073  1.  The committee to approve schedules for the retention and disposition of official state records, consisting of six members, is hereby created.

      2.  The committee consists of:

      (a) The secretary of state;

      (b) The attorney general;

      (c) The director of the department of administration;

      (d) The state [librarian;] library and archives administrator;


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      (e) The director of the department of information services; and

      (f) One member who is a representative of the general public appointed by the governor.

All members of the committee, except the representative of the general public, are ex officio members of the committee.

      3.  The secretary of state or a person designated by him shall serve as chairman of the committee. The state [librarian] library and archives administrator shall serve as secretary of the committee and prepare and maintain the records of the committee.

      4.  The committee shall meet at least quarterly and may meet upon the call of the chairman.

      5.  An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.

      6.  The committee may adopt rules and regulations for its management.

      Sec. 56.  NRS 239.085 is hereby amended to read as follows:

      239.085  1.  The director of the department of transportation shall, in cooperation with the division, develop a schedule for the retention and disposition of each type of official state record in the care, custody and control of the department of transportation.

      2.  A record which has historical or permanent value must be preserved permanently by the department of transportation or submitted to the state [librarian] library and archives administrator for preservation in the archives.

      3.  The department of transportation shall keep a record showing when any official state record mentioned in subsection 1 was destroyed, and the kind and nature of it.

      Sec. 57.  NRS 239.090 is hereby amended to read as follows:

      239.090  1.  Subject to the provisions of subsection 2, [any] a state official may, with the prior approval of the state [librarian,] library and archives administrator, submit any obsolete official books, documents, original papers, newspaper files, printed books or other records not in current use in his office to the division.

      2.  A state officer shall first obtain the consent and approval of the governor. Any other state official shall obtain the consent of the department head under which he operates.

      3.  The division may return a submission or any part thereof, if the submission has no historical or permanent value.

      4.  If the state [librarian] library and archives administrator finds that any record so submitted has historical or permanent value and he accepts it as an accession to the archives, the right to control and possession of it vests in him, and the submitting official is not entitled to reclaim it. If records are transferred to the division by a state official only for the purpose of having the records stored safely on his behalf, he has constructive custody of the records and retains the right to control access to them.

      Sec. 58.  NRS 239.123 is hereby amended to read as follows:

      239.123  1.  As an alternative to the destruction of old records, the records, with the consent of the governing body and the state [librarian,] library and archives administrator, may be submitted to the division.


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ê1997 Statutes of Nevada, Page 3156 (Chapter 635, SB 50)ê

 

      2.  The custodian of records shall maintain an accounting of all old records disposed of pursuant to subsection 1, indicating the nature or identity of the records as well as the date of submission to the division.

      3.  The division may return the records so submitted, or any part thereof, if they have no historical or permanent value.

      4.  Records so submitted may be reclaimed, in whole or in part, by the local government if:

      (a) The division did not acquire title to them in an agreement between the state [librarian] library and archives administrator and the local government; and

      (b) The local government serves written notice upon the division of its intention to reclaim the records and pays the cost of transportation for the return.

      Sec. 59.  NRS 239.125 is hereby amended to read as follows:

      239.125  1.  A local governmental entity may establish a program for the management of records, including the adoption of schedules for the retention of records and procedures for microfilming, which must be approved by the governing body and comply with the applicable provisions of this chapter and any regulations adopted pursuant thereto.

      2.  The state [librarian] library and archives administrator shall adopt regulations to carry out a program to establish and approve minimum periods of retention for records of local governments. The proposed regulations or any amendment thereto must be submitted to the local government advisory committee, established pursuant to NRS 354.594, for its advice and recommendations.

      Sec. 60.  NRS 331.100 is hereby amended to read as follows:

      331.100  The chief has the following specific powers and duties:

      1.  To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property.

      2.  To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.

      3.  Under the supervision of the state fire marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.

      4.  To make arrangements and provision for the maintenance of the state’s water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.

      5.  To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the state.

      6.  To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.


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ê1997 Statutes of Nevada, Page 3157 (Chapter 635, SB 50)ê

 

      7.  To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.

      8.  To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.

      9.  Subject to the provisions of chapter 426 of NRS [relative to] regarding the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.

      10.  To cooperate with the state arts council [on the arts] and the state public works board to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      Sec. 61.  NRS 341.211 is hereby amended to read as follows:

      341.211  The board shall:

      1.  Cooperate with other departments and agencies of the state in their planning efforts.

      2.  Advise and cooperate with municipal, county and other local planning commissions within the state [for the purpose of promoting] to promote coordination between the state and the local plans and developments.

      3.  Cooperate with the state arts council [on the arts] and the buildings and grounds division of the department of administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.

      Sec. 62.  NRS 482.3792 is hereby amended to read as follows:

      482.3792  1.  Except as otherwise provided in this subsection, the department shall, in cooperation with the state arts council , [on the arts,] design, prepare and issue license plates for the support of the education of children in the arts, using any colors and designs which the department deems appropriate. The department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The department may issue license plates for the support of the education of children in the arts for [any] a passenger car or light commercial vehicle upon application by [any] a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the education of children in the arts if that person pays the fee for the personalized prestige license plates in addition to the fees for the license plates for the support of the education of children in the arts pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support of the education of children in the arts is $35, in addition to all other applicable registration and license fees and motor vehicle taxes.


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ê1997 Statutes of Nevada, Page 3158 (Chapter 635, SB 50)ê

 

fees and motor vehicle taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all fees for the license, registration and privilege taxes, a person who requests a set of license plates for the support of the education of children in the arts must pay for the initial issuance of the plates an additional fee of $15 and for each renewal of the plates an additional fee of $10 to finance programs which promote the education of children in the arts.

      5.  The department shall deposit the fees collected pursuant to subsection 4 with the state treasurer for credit to the account for license plates for the support of the education of children in the arts created pursuant to NRS 233C.094.

      6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the department.

      Sec. 63.  1.  The terms of office of the members of the council created pursuant to NRS 380A.031 who are serving on June 30, 1997, expire on that date.

      2.  As soon as practicable after the effective date of this section, the governor shall appoint to the council:

      (a) Three members to an initial term that commences on July 1, 1997, and expires on June 30, 1998.

      (b) Four members to an initial term that commences on July 1, 1997, and expires on June 30, 1999.

      (c) Four members to an initial term that commences on July 1, 1997, and expires on June 30, 2000.

      Sec. 64.  1.  This section and section 63 of this act become effective upon passage and approval.

      2.  Sections 1 to 62, inclusive, and 65 of this act become effective on July 1, 1997.

      Sec. 65.  The legislative counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to:

      (a) “Council on the arts” to “state arts council”; and

      (b) “State librarian” to “state library and archives administrator.”

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any reference to:

      (a) “Council on the arts” to “state arts council”; and

      (b) “State librarian” to “state library and archives administrator.

________

 


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

ê1997 Statutes of Nevada, Page 3159ê

 

CHAPTER 636, SB 258

Senate Bill No. 258–Senator Neal

CHAPTER 636

AN ACT relating to special proceedings; revising the provisions governing the sealing of criminal records; requiring a person who petitions for the sealing of criminal records to include a current, certified record of his criminal history from certain local law enforcement agencies; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 179.245 is hereby amended to read as follows:

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

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

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

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

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

petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. [The petition]

      2.  A petition filed pursuant to subsection 1 must be accompanied by [a] current, [certified record] verified records of the petitioner’s criminal history received from [the] :

      (a) The central repository for Nevada records of criminal history [.

      2.  The] ; and

      (b) The local law enforcement agency of the city or county in which the conviction was entered.

      3.  Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the conviction was obtained, and the district] :

      (a) The prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

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


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ê1997 Statutes of Nevada, Page 3160 (Chapter 636, SB 258)ê

 

investigation bureau, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      Sec. 2.  NRS 179.255 is hereby amended to read as follows:

      179.255  1.  [A person who] If a person has been arrested for alleged criminal conduct [, where] and the charges [were] are dismissed or such person [was] is acquitted of the [charge, may after] charges, the person may petition:

      (a) The court in which the charges were dismissed, not earlier than 30 days from the date the charges were dismissed ; or

      (b) The court in which the acquittal was entered, not earlier than 30 days from the date of the acquittal , [petition the court in and for the county where such arrest was made]

for the sealing of all records relating to the arrest [.

      2.  The] and the proceedings leading to the acquittal.

      2.  A petition filed pursuant to this section must be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court.

      3.  Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the arrest was made, and the district] :

      (a) The prosecuting attorney for the county; or

      (b) If the charges were dismissed or the acquittal was entered in a municipal court, the prosecuting attorney for the city.

The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      [3.] 4.  If , after the hearing , the court finds that there has been an acquittal or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.

      Sec. 3.  NRS 179.295 is hereby amended to read as follows:

      179.295  1.  The person who is the subject of the records [which] that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 may petition the [district] court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the [district] court may order such inspection. Except as otherwise provided in subsection 2 and NRS 179.301, the court may not order the inspection of the records under any other circumstances.

      2.  [Where] If a person has been arrested , [and] the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the [record by the district] records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.


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ê1997 Statutes of Nevada, Page 3161 (Chapter 636, SB 258)ê

 

      3.  The court may, upon the application of a [district] prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      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 637, SB 275

Senate Bill No. 275–Senator Neal

CHAPTER 637

AN ACT relating to labor; requiring certain employers to conduct a study to determine the feasibility of providing child care for their employees or reimbursing their employees for the costs of obtaining child care under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any employer who employs at least 300 persons in private employment at one location in this state shall conduct a study to determine the desirability of and need for child care and the feasibility of:

      (a) Providing affordable child care for his employees at the location of employment or at another location that is conveniently accessible;

      (b) Reimbursing his employees for all or a portion of the costs of obtaining conveniently accessible child care; or

      (c) Furnishing child care that is accessible to persons with special needs, including, without limitation, persons with disabilities and persons who need child care to be available 24 hours a day or on weekends,

if at least 10 percent of the employees request such a study. After conducting the study, the employer shall notify the employees of his findings and submit a report of those findings to the labor commissioner.

      2.  An employer is not required to conduct a study described in subsection 1 if he:

      (a) Has conducted such a study within the preceding 12 months; or

      (b) Submits satisfactory evidence to the labor commissioner that he is currently providing child care for his employees or is reimbursing his employees for all or a portion of the costs of obtaining child care.

      3.  The labor commissioner shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation:

      (a) The deadline for notifying employees of the findings of a study requested pursuant to subsection 1 and submitting the report of his findings to the labor commissioner; and


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

ê1997 Statutes of Nevada, Page 3162 (Chapter 637, SB 275)ê

 

      (b) The information that must be included in the report submitted to the labor commissioner.

      Sec. 2.  NRS 608.180 is hereby amended to read as follows:

      608.180  The labor commissioner or his representative shall cause the provisions of NRS 608.005 to 608.170, inclusive, and section 1 of this act, to be enforced, and upon notice from the labor commissioner or his representative:

      1.  The district attorney of any county in which a violation of those sections has occurred;

      2.  The deputy labor commissioner, as provided in NRS 607.050;

      3.  The attorney general, as provided in NRS 607.160; or

      4.  The special counsel, as provided in NRS 607.065,

shall prosecute the action for enforcement according to law.

      Sec. 3.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

      Sec. 4.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  This act expires by limitation on June 30, 1999.

________

 

CHAPTER 638, SB 150

Senate Bill No. 150–Senator Washington

CHAPTER 638

AN ACT relating to contractors; expanding the circumstances under which a person is exempt from the requirement to obtain a contractor’s license; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 624.330 is hereby amended to read as follows:

      624.330  This chapter does not apply to:

      1.  Work done exclusively by an authorized representative of the United States Government, the State of Nevada, or [any] an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this state.

      2.  An officer of a court when acting within the scope of his office.

      3.  Work done exclusively by a public utility operating [under] pursuant to the regulations of the public service commission of Nevada on construction, maintenance and development work incidental to its own business.

      4.  An owner of property who is building or improving a residential structure on the property for his own occupancy and not intended for sale. The sale or offering for sale of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with intent to sell.


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

ê1997 Statutes of Nevada, Page 3163 (Chapter 638, SB 150)ê

 

      5.  An owner of a complex containing not more than four condominiums, townhouses, apartments or cooperative units, the managing officer of the owner or an employee of the managing officer, who performs work to repair or maintain that property the value of which is less than $500, including labor and materials, unless:

      (a) A building permit is required to perform the work;

      (b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

      (c) The work is of a type performed by a contractor licensed in a classification prescribed by the board that significantly affects the health, safety and welfare of members of the general public;

      (d) The work is performed as a part of a larger project:

             (1) The value of which is $500 or more; or

             (2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

      (e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of such a person.

      6.  The sale or installation of any finished product, material or article of merchandise which is not actually fabricated into and does not become a permanent fixed part of the structure.

      [6.  Any]

      7.  The construction, alteration, improvement or repair of personal property.

      [7.  Any]

      8.  The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and carried on within the limits and boundaries of [any] a site or reservation, the title of which rests in the Federal Government.

      [8.] 9.  An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his own use or occupancy and not intended for sale or lease.

      [9.] 10.  An owner of property who builds or improves a structure upon his property and who contracts solely with a managing contractor licensed pursuant to the provisions of this chapter for the building or improvement, if the owner is and remains financially responsible for the building or improving of all buildings and structures built by the owner upon his property pursuant to the exemption of this subsection.

________

 


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

ê1997 Statutes of Nevada, Page 3164ê

 

CHAPTER 639, SB 363

Senate Bill No. 363–Committee on Government Affairs

CHAPTER 639

AN ACT relating to public works; prohibiting a public agency from requiring a bidder for a public works project to furnish certain documents concerning the preparation of his bid in certain circumstances; increasing the threshold amount for requiring performance and payment bonds from contractors on certain public works projects; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  NRS 338.140 is hereby amended to read as follows:

      338.140  1.  [No] An agency of this state [nor any] , a political subdivision, municipal corporation or district, [nor any] a public officer or a person charged with the letting of contracts for the construction, alteration or repair of public works shall not draft or cause to be drafted specifications for bids, in connection with the construction, alteration or repair of public works:

      (a) In such a manner as to limit the bidding, directly or indirectly, to any one specific concern.

      (b) Except in those instances where the product is designated to match others in use on a particular public improvement either completed or in the course of completion, calling for a designated material, product, thing or service by specific brand or trade name unless the specification lists at least two brands or trade names of comparable quality or utility and is followed by the words “or equal” so that bidders may furnish any equal material, product, thing or service.

      (c) In such a manner as to hold the bidder to whom such contract is awarded responsible for extra costs incurred as a result of errors or omissions by the public agency in the contract documents.

      (d) In such a manner as to require a bidder to furnish to the public agency, whether before or after the bid is submitted, documents generated in the preparation or determination of prices included in the bid, except when requested by the public agency for:

             (1) A determination of the price of additional work performed pursuant to a change order;

             (2) An evaluation of claims for costs incurred for the performance of additional work;

             (3) Preparation for arbitration or litigation; or

             (4) Any combination thereof.

A document furnished to a public agency pursuant to this paragraph is confidential and must be returned to the bidder.

      2.  In those cases involving a unique or novel product application required to be used in the public interest, or where only one brand or trade name is known to the specifying agency, it may list only one.


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

ê1997 Statutes of Nevada, Page 3165 (Chapter 639, SB 363)ê

 

      3.  Specifications [shall] must provide a period of time of at least 7 days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item.

      Sec. 2.  NRS 339.025 is hereby amended to read as follows:

      339.025  1.  Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding [$20,000] $35,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he must furnish to the contracting body the following bonds which become binding upon the award of the contract to the contractor:

      (a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The bond must be solely for the protection of the contracting body which awarded the contract.

      (b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.

      2.  Each of the bonds must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, the bonds must be payable to the other contracting body.

      3.  Each of the bonds must be filed in the office of the contracting body which awarded the contract for which the bonds were given.

      4.  Nothing in this section prohibits a contracting body from requiring bonds.

      Sec. 3.  NRS 309.340 is hereby amended to read as follows:

      309.340  1.  After adopting a plan for such works as are proposed, or in conjunction with the issuance of general obligation bonds (but either before or after such issuance), the board of directors shall cause notice to be given by the secretary by publication thereof for not less than 2 weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice must set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.

      2.  At the time and place appointed the bids must be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.


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

ê1997 Statutes of Nevada, Page 3166 (Chapter 639, SB 363)ê

 

contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.

      3.  In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.

      4.  If a contract is not subject to the provisions of chapter 408 of NRS and provides for work exceeding [$20,000,] $35,000, any person to whom such a contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in NRS 339.025. The work must be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board.

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

________

 

CHAPTER 640, SB 350

Senate Bill No. 350–Committee on Natural Resources

CHAPTER 640

AN ACT relating to farm products; providing for the certification of an actual producer of an agricultural product of the soil; exempting such a person from certain taxes and fees relating to certain sales of that product; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 576 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The division shall adopt regulations pursuant to which a person may obtain certification that he is an actual producer of an agricultural product of the soil. The regulations may include provisions for the certification by reciprocity of a person who holds a similar certification from another jurisdiction where the requirements for that certification are substantially equal to the requirements in this state.

      2.  The division may impose fees for the certification of persons as actual producers of an agricultural product of the soil and any inspections necessary for that certification. The fees must be set in an amount which approximates the cost to the division of performing those services and activities.

      3.  A person who obtains certification pursuant to this section is exempt from any:

      (a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, 268.095, 269.170 or 269.175, or subsection 7 of NRS 266.600, relating to the issuance of any license to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, an agricultural product of the soil for which the person has obtained certification pursuant to this section.


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ê1997 Statutes of Nevada, Page 3167 (Chapter 640, SB 350)ê

 

agricultural product of the soil for which the person has obtained certification pursuant to this section.

      (b) Fee imposed for:

             (1) The issuance of a permit pursuant to chapter 446 of NRS to sell or offer to sell, in its natural and unprocessed state directly to any consumer, restaurant or grocery store, an agricultural product of the soil for which the person has obtained certification pursuant to this section; or

             (2) Any inspection conducted pursuant to chapter 446 of NRS relating to such a sale or offer to sell.

      Sec. 2.  NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

      (a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in section 1 of this act and NRS 244.3359, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

      5.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;


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ê1997 Statutes of Nevada, Page 3168 (Chapter 640, SB 350)ê

 

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      6.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      Sec. 3.  NRS 266.355 is hereby amended to read as follows:

      266.355  1.  Except as otherwise provided in subsection 3, the city council may:

      (a) Regulate all businesses, trades and professions.

      (b) [Fix,] Except as otherwise provided in section 1 of this act, fix, impose and collect a license tax for revenue upon all businesses, trades and professions.

      2.  The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.

      3.  The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      Sec. 4.  NRS 266.600 is hereby amended to read as follows:

      266.600  The city council may:

      1.  Control the finances of the corporation.

      2.  Appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation.

      3.  Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.

      4.  Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and issue general obligations therefor, but no city may issue or have outstanding at any time bonds [to] in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation.


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ê1997 Statutes of Nevada, Page 3169 (Chapter 640, SB 350)ê

 

issue general obligations therefor, but no city may issue or have outstanding at any time bonds [to] in an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.

      5.  Secure additionally the payment of any general obligation securities by a pledge of any revenues [(other] , other than tax [proceeds)] proceeds, legally available therefor.

      6.  Divide the city into districts for the purpose of local taxation, or [to] create districts for that purpose, as occasion may require.

      7.  [Raise] Except as otherwise provided in section 1 of this act, raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and regulate it by ordinance. All such license fees and taxes must be uniform [in] with respect to the class upon which they are imposed.

      8.  Fix the amount of licenses and the terms and manner of their issuance.

      Sec. 5.  NRS 268.095 is hereby amended to read as follows:

      268.095  1.  The city council or other governing body of each incorporated city in [the State of Nevada,] this state, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in section 1 of this act and NRS 268.0968, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 268.740, inclusive.


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ê1997 Statutes of Nevada, Page 3170 (Chapter 640, SB 350)ê

 

general obligations issued by the city for a purpose authorized by the City Bond Law, NRS 268.672 to 268.740, inclusive.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the City Bond Law, NRS 268.672 to 268.740, inclusive;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      3.  No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The city licensing agency shall provide upon request an application for a business license pursuant to chapter 364A of NRS.

      4.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

      5.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      6.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.


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ê1997 Statutes of Nevada, Page 3171 (Chapter 640, SB 350)ê

 

268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      7.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 6.  NRS 269.170 is hereby amended to read as follows:

      269.170  1.  [The] Except as otherwise provided in section 1 of this act, the town board or board of county commissioners may in any unincorporated town:

      (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person [or firm] so licensed, and all places of business and amusement so licensed, as follows:

             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers [,] and tailors.

             (3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks [,] and theaters.

             (6) Corrals, hay yards, livery and sale stables, and wagon yards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies [,] and water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants [and traders,] , traders and stockbrokers.

             (10) Drummers, hawkers, peddlers [,] and solicitors.


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ê1997 Statutes of Nevada, Page 3172 (Chapter 640, SB 350)ê

 

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

      2.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the state has issued or will issue a license required for this activity.

      3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      4.  The governing body or the county fair and recreation board may agree with the department of taxation for the continuing exchange of information concerning taxpayers.

      Sec. 7.  NRS 269.175 is hereby amended to read as follows:

      269.175  [The] Except as otherwise provided in section 1 of this act, the boards of county commissioners may in any unincorporated town in their respective counties license, tax, regulate, prohibit and suppress all tippling houses, dramshops, public card tables, raffles, hawkers, peddlers, pawnbrokers, gambling houses, disorderly houses and houses of ill fame.

      Sec. 8.  NRS 439.150 is hereby amended to read as follows:

      439.150  1.  The state board of health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all [local (district,] district, county and [city)] city health departments, boards of health and health officers.

      2.  The department of human resources is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all money made available to the health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the department shall consider, among other things, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of the money and the limitations of legislative appropriations for those programs.

      3.  [The] Except as otherwise provided in section 1 of this act, the state board of health may set reasonable fees for the:


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ê1997 Statutes of Nevada, Page 3173 (Chapter 640, SB 350)ê

 

      (a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the health division;

      (b) Programs and services of the health division;

      (c) Review of plans; and

      (d) Certification and licensing of personnel.

Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the health division by the legislature.

      Sec. 9.  NRS 439.360 is hereby amended to read as follows:

      439.360  The county board of health [shall have the power:

      1.  To abate] may:

      1.  Abate nuisances in accordance with law.

      2.  [To establish] Establish and maintain an isolation hospital or quarantine station when necessary.

      3.  [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] which is dangerous to the public health.

      4.  [To appoint] Appoint quarantine officers when necessary to enforce a quarantine, [and] shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.

      5.  Subject to the prior review and approval of the county commission [, to] and except as otherwise provided in section 1 of this act, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the [licensing and permit] procedures for issuing licenses and permits, and investigations related thereto , and not for the purposes of general revenue . [purposes.]

      Sec. 10.  NRS 439.470 is hereby amended to read as follows:

      439.470  The city board of health [shall have the power:

      1.  To abate] may:

      1.  Abate nuisances in accordance with law.

      2.  [To establish] Establish a temporary isolation hospital or quarantine station when emergency demands.

      3.  [To restrain,] Restrain, quarantine and disinfect any person sick with or exposed to any contagious or infectious disease [,] which is dangerous to the public health.

      4.  [To appoint] Appoint quarantine officers when necessary to enforce a quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required . [, and the] The city council shall pay all debts or charges so incurred; but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.

      5.  Subject to the prior review and approval of the governing body of the city [, to] and except as otherwise provided in section 1 of this act, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision.


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ê1997 Statutes of Nevada, Page 3174 (Chapter 640, SB 350)ê

 

pursuant to state law or an ordinance adopted by any political subdivision. Such fees [shall] must be for the sole purpose of defraying the costs and expenses of the [licensing and permit] procedures for issuing licenses and permits, and investigations related thereto , and not for the purposes of general revenue . [purposes.]

      Sec. 11.  This act becomes effective upon passage and approval.

________

 

CHAPTER 641, SB 328

Senate Bill No. 328–Committee on Judiciary

CHAPTER 641

AN ACT relating to prisoners; requiring a court to notify the department of prisons and the attorney general before issuing an order which affects the conditions of confinement of a prisoner; revising the provisions governing the allowance of credits against the sentence of an offender; revising the provisions governing deductions from the account of an offender; requiring a prisoner to pay for special transportation of a witness to a civil rights proceeding in federal court; clarifying certain provisions governing certification by a panel before certain offenders may be released on parole; revising the provisions governing the outside employment of a prisoner; providing that the director of the department of prisons may delegate certain powers; providing penalties; making various other changes concerning prisoners; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.4, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, a court issuing an order at the request of a prisoner in a state prison that affects the conditions of confinement of the prisoner shall provide the director with:

      (a) Sufficient prior notice of the intention of the court to enter the order; and

      (b) An opportunity to be heard on the issue.

      2.  The court is not required to provide the director with prior notice pursuant to subsection 1 if the prisoner has commenced an action with the court challenging the conditions of his confinement and has served a copy of the action on the director and the attorney general.

      3.  As used in this section, “conditions of confinement” include, without limitation, the access of a prisoner to the resources of a law library, the privileges of a prisoner to receive visitors and to use a telephone, the type of meals provided to the prisoner, the place of confinement of a prisoner and the provision of medical care to a prisoner in a situation that is not an emergency.

      Sec. 3.  If an offender has filed an action in federal court alleging a violation of his civil rights and the offender requests that any other offender appear as a witness in the action, the offender who filed the action shall reimburse the department for any cost that is incurred in providing special transportation for any other offender to appear in court.


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ê1997 Statutes of Nevada, Page 3175 (Chapter 641, SB 328)ê

 

      Sec. 4.  1.  An offender who is sentenced to prison for a crime committed on or after the effective date of this act, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

      (a) For the period he is actually incarcerated pursuant to his sentence; and

      (b) For the period he is in residential confinement,

a deduction of 10 days from his sentence for each month he serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general equivalency diploma, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning his first associate degree, 90 days.

      3.  The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  Credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      Sec. 5.  Except as otherwise provided in section 6 of this act, the director may make the following deductions, in the following order of priority, from any money deposited in the individual account of an offender from any source other than his wages:

      1.  An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime created pursuant to NRS 217.260.

      2.  An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.


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ê1997 Statutes of Nevada, Page 3176 (Chapter 641, SB 328)ê

 

      3.  An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

      4.  A deduction pursuant to NRS 209.246.

      5.  An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray expenses related to arrangements for his funeral.

      6.  An amount the director considers reasonable to meet an existing obligation of the offender for restitution to a victim of his crime.

      7.  An amount the director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from a source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:

      (a) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

      (b) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid.

      8.  An amount the director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which he was previously convicted. An amount deducted from any source other than the wages earned by the offender during his incarceration, pursuant to this subsection, must be submitted:

      (a) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

      (b) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.

      Sec. 6.  1.  The director shall not make any deduction from the individual account of an offender in the prisoners’ personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an account of an offender required before such other deductions or withdrawals from the account may be made by the director or the offender.


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ê1997 Statutes of Nevada, Page 3177 (Chapter 641, SB 328)ê

 

deductions or withdrawals from the account may be made by the director or the offender.

      2.  Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.

      3.  The director may reduce or eliminate a deduction authorized pursuant to NRS 209.463 or section 5 of this act to the extent necessary to comply with a restriction imposed by federal law on deductions from wages of an offender or from the account of an offender.

      4.  The director may, if appropriate, transmit a deduction made pursuant to NRS 209.463 or section 5 of this act directly to the person, entity or fund for whom the deduction was made.

      Sec. 6.2.  1.  An offender shall obtain the approval of the director before he:

      (a) Engages in any employment, including, but not limited to, employment by a private employer or self-employment;

      (b) Enters into a contract; or

      (c) Participates in a business activity.

      2.  The director has sole discretion to approve or disapprove employment, contractual activity or business activity pursuant to subsection 1 and may withdraw his approval at any time.

      3.  An offender who is employed by a private employer shall:

      (a) Deposit his income from such employment in his individual account in the prisoners’ personal property fund;

      (b) Provide the director with a copy of all his federal income tax returns, reports and withholding forms when they become available to the offender; and

      (c) Provide the director with a record of any of his bank accounts, including, but not limited to, a checking account, savings account, investment account or account with a brokerage firm, upon a request from the director.

      4.  Upon request of the director, a private employer who employs an offender shall provide the director with:

      (a) Monthly statements accounting for all wages he paid to the offender; and

      (b) Any additional information concerning the employment of the offender that is requested by the director.

      Sec. 6.4.  1.  The director may delegate to an assistant director, manager, warden or employee of the department the exercise or discharge in the name of the director of any power, duty or function vested in or imposed upon the director.

      2.  The official act of any such person acting in the name of the director and by his authority shall be deemed an official act of the director.

      Sec. 7.  NRS 209.192 is hereby amended to read as follows:

      209.192  1.  There is hereby created in the state treasury a fund for new construction of facilities for prison industries as a fund for construction of capital projects. The director shall deposit in the fund the deductions made pursuant to [subparagraph (2) of paragraph (a) or subparagraph (2) of paragraph (b)] paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463.


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ê1997 Statutes of Nevada, Page 3178 (Chapter 641, SB 328)ê

 

made pursuant to [subparagraph (2) of paragraph (a) or subparagraph (2) of paragraph (b)] paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the fund must only be expended to house new industries in the industrial program which will provide additional employment of offenders. The money in the fund must not be expended for relocating an existing industry in the industrial program.

      2.  Before money in the fund may be expended for construction, the director shall submit a proposal for the expenditure to the state board of examiners. Upon making a determination that the proposed expenditure is appropriate and necessary, the state board of examiners shall recommend to the interim finance committee, or the senate standing committee on finance and the assembly standing committee on ways and means when the legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.

      3.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      Sec. 7.2.  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;

      (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, 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:

 


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ê1997 Statutes of Nevada, Page 3179 (Chapter 641, SB 328)ê

 

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.

      7.  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 offender shall sign a statement under penalty of perjury concerning his financial situation. Such a statement must include, but is not limited to, the following information:

      (a) The value of any interest the offender has in real estate;

      (b) The value of the personal property of the offender;

      (c) The assets in any bank account of the offender; and

      (d) The employment status of the offender.

      8.  The statement required by subsection 7 must also authorize the department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this subsection, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.

      9.  An offender who conceals assets from the department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

      10.  A person who aids or encourages an offender to conceal assets from the department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

      Sec. 7.4.  NRS 209.239 is hereby amended to read as follows:

      209.239  [The] Subject to the approval of the director, the warden of each institution and the manager of each facility shall adopt and issue a written policy statement regulating the personal property which an offender may retain in his possession, including [:] , but not limited to:

      1.  Procedures necessary to ensure that offenders are permitted to retain reasonable amounts of personal property, consistent with security and the proper functioning of the institution or facility.

      2.  Necessary procedures for the careful handling and secure storage of the personal property of an offender.


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      Sec. 7.6.  NRS 209.241 is hereby amended to read as follows:

      209.241  1.  The director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the director [,] and valuables belonging to an offender at the time of his incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender , and shall deposit the money in the prisoners’ personal property fund, which is hereby created as a trust fund.

      2.  An offender shall deposit all money that he receives into his individual account in the prisoners’ personal property fund.

      3.  The director:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.

      (c) Shall pay over to each offender upon his release any remaining balance in his individual account.

      [3.] 4.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the offenders’ store fund.

      [4.] 5.  The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the prisoners’ personal property fund. The provisions of this chapter do not establish a basis for any cause of action against the state or against officers or employees of the state to claim ownership of any interest or income that accrues on the money in the prisoners’ personal property fund.

      6.  An offender who does not deposit all money he receives into his individual account in the prisoners’ personal property fund as required in this section is guilty of a gross misdemeanor.

      7.  A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the prisoners’ personal property fund as required in this section is guilty of a gross misdemeanor.

      Sec. 8.  NRS 209.246 is hereby amended to read as follows:

      209.246  The director shall, with the approval of the board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to:

      1.  Repay the cost of:

      (a) State property willfully damaged, destroyed or lost by the offender during his incarceration.

      (b) Medical examination, diagnosis or treatment for injuries:

             (1) Inflicted by the offender upon himself or other offenders; or

             (2) Which occur during voluntary recreational activities.

      (c) Searching for and apprehending the offender when he escapes or attempts to escape.

      (d) Quelling any riot or other disturbance in which the offender is unlawfully involved.

      (e) Providing a funeral for an offender.


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      (f) Providing an offender with clothing, transportation and money upon his release from prison pursuant to NRS 209.511.

      (g) Transportation of an offender pursuant to a court order in cases other than a criminal prosecution, a proceeding for post-conviction relief involving the offender or a proceeding in which the offender has challenged the conditions of his confinement.

      (h) Monetary sanctions imposed under the code of penal discipline adopted by the department.

      2.  Defray, as determined by the director, a portion of the costs paid by the department for medical care for the offender, including, but not limited to:

      (a) Except as otherwise provided in paragraph (b) of subsection 1, expenses for medical or dental care, prosthetic devices and pharmaceutical items; and

      (b) Expenses for prescribed medicine and supplies.

      3.  Repay the costs incurred by the department on behalf of the offender for:

      (a) Postage for personal items and items related to litigation;

      (b) Photocopying of personal documents and legal documents [;] , for which the offender must be charged a reasonable fee not to exceed the actual costs incurred by the department;

      (c) Legal supplies;

      (d) Telephone calls charged to the department;

      (e) Charges relating to checks returned for insufficient funds and checks for which an order to stop payment has been made;

      (f) Items related to the offender’s work, including, but not limited to, clothing, shoes, boots, tools, a driver’s license or identification card issued by the department of motor vehicles and public safety, a work card issued by a law enforcement agency and a health card; and

      (g) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the department.

      4.  Repay any cost to the State of Nevada or any agency or political subdivision thereof that is incurred in defending the state against an action filed by an offender in federal court alleging a violation of his civil rights which is determined by the court to be frivolous.

All money collected pursuant to this section must be deposited in the appropriate account in the state general fund for reimbursement of the related expenditure.

      Sec. 8.2.  NRS 209.331 is hereby amended to read as follows:

      209.331  An offender may be taken outside an institution or facility under appropriate precautions to prevent his escape, when necessary for medical evaluation or treatment, as determined by the director [.] or his designee. All decisions regarding the medical evaluation or treatment of an offender, including, but not limited to, whether the offender needs to see a provider of health care outside of the prison, whether to change providers of health care and whether an offender will receive a course of treatment, are within the discretion of the director or his designee.


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ê1997 Statutes of Nevada, Page 3182 (Chapter 641, SB 328)ê

 

      Sec. 8.4.  NRS 209.351 is hereby amended to read as follows:

      209.351  The director shall:

      1.  Establish a system of ongoing classification and evaluation to ensure the individualized custody, care and training of offenders under the department’s jurisdiction.

      2.  Keep, or cause to be kept, records for each offender containing:

      (a) The offender’s name, age, date of birth, race, sex, height, weight, complexion, color of eyes and hair, peculiarities of build or features.

      (b) The offender’s place of birth (state, county or city, or country, province or city).

      (c) The offender’s occupation and whether he can read and write.

      (d) The offender’s record of conviction, including the date of sentence, name of the judge passing sentence, county from which sentenced, crime charged, date of incarceration, term of imprisonment and expiration date of minimum and maximum terms of imprisonment.

      (e) The medical records of the offender, including, but not limited to, medical records produced by the department and medical records produced by a provider of health care outside the prison.

      (f) Such other desirable or pertinent information as may be necessary.

      3.  Maintain a comprehensive record of the behavior of each offender reflecting his accomplishments and progress as well as charges of infractions of regulations, punishments imposed and medical services rendered.

      Sec. 9.  NRS 209.432 is hereby amended to read as follows:

      209.432  As used in NRS 209.433 to 209.451, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Offender” includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.

      2.  “Residential confinement” means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176.2155, 176.219, 176.2231 to 176.2237, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.

      Sec. 10.  NRS 209.446 is hereby amended to read as follows:

      209.446  1.  Every offender who is sentenced to prison for a crime committed on or after July 1, 1985, but before the effective date of this act, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:

      (a) For the period he is actually incarcerated under sentence; and

      (b) For the period he is in residential confinement,

a deduction of 10 days from his sentence for each month he serves.

      2.  In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

 


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ê1997 Statutes of Nevada, Page 3183 (Chapter 641, SB 328)ê

 

credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general equivalency diploma, 30 days.

      (b) For earning a high school diploma, 60 days.

      (c) For earning an associate degree, 90 days.

      3.  The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.

      4.  The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      5.  The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      6.  Credits earned pursuant to this section:

      (a) Must be deducted from the maximum term imposed by the sentence; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.

      Sec. 11.  NRS 209.447 is hereby amended to read as follows:

      209.447  1.  An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.

      2.  An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.

      3.  An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.

      4.  Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446 , 209.448 and 209.449, and section 4 of this act, be deducted from the maximum term imposed by the sentence.


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ê1997 Statutes of Nevada, Page 3184 (Chapter 641, SB 328)ê

 

      5.  The director shall maintain records of the credits to which each offender is entitled pursuant to this section.

      Sec. 12.  NRS 209.448 is hereby amended to read as follows:

      209.448  1.  An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, or section 4 of this act, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.

      2.  The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

      Sec. 13.  NRS 209.449 is hereby amended to read as follows:

      209.449  An offender who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement, or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, or section 4 of this act, a deduction of 30 days from the maximum term of his sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.

      Sec. 14.  NRS 209.463 is hereby amended to read as follows:

      209.463  [1.]  Except as otherwise provided in [subsection 3,] section 6 of this act, the director may make the following deductions, in the following order of priority, from the wages earned by an offender from any source during his incarceration:

      [(a)] 1.  If the [offender’s] hourly wage of the offender is equal to or greater than the federal minimum wage:

             [(1)] (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

      (b) An amount the director considers reasonable to meet an existing obligation of the offender for the support of his family.

             [(2)] (c) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             [(3)] (d) An amount determined by the director for deposit in the [offender’s] individual account of the offender in the prisoners’ personal property fund.

             [(4)] (e) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             [(5) An amount the director considers reasonable to meet any existing obligation of the offender for the support of his family.


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ê1997 Statutes of Nevada, Page 3185 (Chapter 641, SB 328)ê

 

             (6) Any]

      (f) A deduction pursuant to NRS 209.246.

             [(7)] (g) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray [any] expenses related to [any] arrangements for his funeral.

             [(8)] (h) An amount the director considers reasonable to meet [any] an existing obligation of the offender for restitution to any victim of his crime.

             [(9)] (i) An amount the director considers reasonable to pay the balance of [the administrative assessments] an administrative assessment included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of [any] an unpaid administrative [assessments] assessment included in a judgment entered against the offender for [any] a crime committed in this state for which he was previously convicted. [Any] An amount deducted from the [offender’s] wages of the offender pursuant to this [subparagraph] paragraph must be submitted:

                   [(I)] (1) If the offender does not have [any administrative assessments] an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

                   [(II)] (2) If the offender has [any administrative assessments] an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which [any] an administrative assessment is owing, until the balance owing has been paid.

             [(10)] (j) An amount the director considers reasonable to pay the balance of [the fines] a fine included in the judgment entered against the offender for each crime for which he is incarcerated and the balance of [any unpaid fines] an unpaid fine included in a judgment entered against the offender for [any] a crime committed in this state for which he was previously convicted. [Any] An amount deducted from the [offender’s] wages of the offender pursuant to this [subparagraph] paragraph must be submitted:

                   [(I)] (1) If the offender does not have [any fines] a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he is incarcerated.

                   [(II)] (2) If the offender has [any fines] a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which [any] a fine or administrative assessment is owing, until the balance owing has been paid.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      [(b)] 2.  If the [offender’s] hourly wage of the offender is less than the federal minimum wage:


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ê1997 Statutes of Nevada, Page 3186 (Chapter 641, SB 328)ê

 

             [(1)] (a) An amount the director deems reasonable for deposit with the state treasurer for credit to the fund for the compensation of victims of crime.

             [(2)] (b) An amount determined by the director, with the approval of the board, for deposit in the state treasury for credit to the fund for new construction of facilities for prison industries, but only if the offender is employed through a program for prison industries.

             [(3)] (c) An amount determined by the director for deposit in the [offender’s] individual account of the offender in the prisoners’ personal property fund.

             [(4)] (d) An amount determined by the director, with the approval of the board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the department.

             [(5) Any]

      (e) A deduction pursuant to NRS 209.246.

             [(6)] (f) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release, or if the offender dies before his release, to defray [any] expenses related to [any] arrangements for his funeral.

The director shall determine the priority of any other deduction authorized by law from the wages earned by the offender from any source during his incarceration.

      [2.  Except as otherwise provided in subsection 3, the director may make the following deductions, in the following priority, from any money deposited in an offender’s account from any source other than his wages:

      (a) Any deduction pursuant to NRS 209.246.

      (b) An amount determined by the director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his release or, if the offender dies before his release, to defray any expenses related to any arrangements for his funeral.

The director shall determine the priority of any other deduction authorized by law from any source other than the wages earned by the offender during his incarceration.

      3.  The director shall not make any deduction from the offender’s individual account in the prisoners’ personal property fund if the balance in the account is below the minimum balance designated by the director pursuant to this subsection. The director shall designate the minimum balance of an offender’s account required before such other deductions or withdrawals from the account may be made by the director or the offender.

      4.  Upon the release of an offender, any money from any source remaining in an account of the offender may be used to reimburse the department for any expenses related to his release, including, but not limited to, any expenses incurred by the department pursuant to NRS 209.511 or for transportation of the offender.

      5.  The director may reduce or eliminate any deduction authorized pursuant to subsection 1 from the wages of any offender to the extent necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.]

 


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necessary to comply with any restrictions imposed by federal law on deductions from wages of that offender.]

      Sec. 15.  NRS 200.375 is hereby amended to read as follows:

      200.375  1.  A person convicted of sexual assault or attempted sexual assault may not be paroled unless a board consisting of:

      (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

      (b) The director of the department of prisons; and

      (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      2.  A person who has been certified pursuant to subsection 1 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 1.

      3.  The board may revoke the certification of an offender certified pursuant to this section at any time.

      4.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      5.  For the purposes of this section, the administrator and the director may each designate a person to represent him on the board.

      Sec. 16.  NRS 201.195 is hereby amended to read as follows:

      201.195  1.  A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:

      (a) If the minor actually engaged in such acts as a result, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the minor did not engage in such acts:

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

             (2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person convicted of violating any of the provisions of subsection 1 may not [be:

      (a) Paroled] be paroled unless a board consisting of:

             [(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;

             [(2)] (b) The director of the department of prisons or his designee; and

             [(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      [(b) Released]

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.


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ê1997 Statutes of Nevada, Page 3188 (Chapter 641, SB 328)ê

 

paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      [3.] 7.  As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.

      Sec. 17.  NRS 201.210 is hereby amended to read as follows:

      201.210  1.  A person who commits any act of open or gross lewdness is guilty:

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

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person convicted of violating the provisions of subsection 1 must not [be:

      (a) Paroled] be paroled unless a board consisting of:

             [(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             [(2)] (b) The director of the department of prisons; and

             [(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.

      [(b) Released]

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.


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

ê1997 Statutes of Nevada, Page 3189 (Chapter 641, SB 328)ê

 

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      [3.] 7.  For the purposes of this section, the breast feeding of a child by the [child’s] mother of the child does not constitute an act of open or gross lewdness.

      Sec. 18.  NRS 201.220 is hereby amended to read as follows:

      201.220  1.  A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

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

      (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person convicted of violating any of the provisions of subsection 1 must not [be:

      (a) Paroled] be paroled unless a board consisting of:

             [(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             [(2)] (b) The director of the department of prisons; and

             [(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.

      [(b) Released]

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      [3.] 7.  For the purposes of this section, the breast feeding of a child by the [child’s] mother of the child does not constitute an act of open and indecent or obscene exposure of her body.


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

ê1997 Statutes of Nevada, Page 3190 (Chapter 641, SB 328)ê

 

      Sec. 19.  NRS 201.230 is hereby amended to read as follows:

      201.230  1.  A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      2.  A person convicted of violating any of the provisions of subsection 1 must not [be:

      (a) Paroled] be paroled unless a board consisting of:

             [(1)] (a) The administrator of the mental hygiene and mental retardation division of the department of human resources;

             [(2)] (b) The director of the department of prisons; and

             [(3)] (c) A psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada,

certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this [paragraph,] subsection, the administrator and the director may each designate a person to represent him on the board.

      [(b) Released]

      3.  A person who has been certified pursuant to subsection 2 who returns for any reason to the custody of the department of prisons may not be paroled unless a board recertifies him in the manner set forth in subsection 2.

      4.  The board may revoke the certification of an offender certified pursuant to subsection 2 at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  A person convicted of violating any of the provisions of subsection 1 must not be released on probation unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.

      Sec. 20.  NRS 201.450 is hereby amended to read as follows:

      201.450  1.  A person who commits a sexual penetration on the dead body of a human being is guilty of a category A felony and shall be punished by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served;

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served;

      (c) By a fine of not more than $20,000; or


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

ê1997 Statutes of Nevada, Page 3191 (Chapter 641, SB 328)ê

 

      (d) By both fine and imprisonment.

      2.  A person convicted of a violation of subsection 1 must not be granted probation or parole unless a psychologist licensed to practice in the State of Nevada or a psychiatrist licensed to practice medicine in the State of Nevada certifies that the person is not a menace to the health, safety or morals of others.

      3.  A person who has been certified pursuant to subsection 2 for the purpose of being granted parole who returns for any reason to the custody of the department of prisons may not be paroled unless a psychologist or psychiatrist recertifies him in the manner set forth in subsection 2.

      4.  The psychologist or psychiatrist who certified an offender pursuant to subsection 2 may revoke the certification of the offender at any time.

      5.  This section does not create a right in any person to be certified or continue to be certified and no person may bring a cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees for not certifying or refusing to place a person before a board for certification pursuant to this section.

      6.  For the purposes of this section, “sexual penetration” means cunnilingus, fellatio or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including , without limitation, sexual intercourse in what would be its ordinary meaning if practiced upon the living.

      Sec. 21.  Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A provider of health care shall, upon request of the director of the department of prisons or his designee, provide the department of prisons with a complete copy of the health care records of an offender confined at the state prison.

      2.  Records provided to the department of prisons must not be used at any public hearing unless:

      (a) The offender named in the records has consented in writing to their use; or

      (b) Appropriate procedures are utilized to protect the identity of the offender from public disclosure.

      3.  A provider of health care and an agent or employee of a provider of health care are immune from civil liability for a disclosure made in accordance with the provisions of this section.

      Sec. 22.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 23.  The amendatory provisions of section 7.2 of this act do not apply to offenses that are committed before the effective date of this act.

      Sec. 24.  This act becomes effective upon passage and approval.

________

 


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ê1997 Statutes of Nevada, Page 3192ê

 

CHAPTER 642, SB 167

Senate Bill No. 167–Committee on Commerce and Labor

CHAPTER 642

AN ACT relating to trade practices; revising provisions governing the registration of, and the posting of security by, credit service organizations, organizations for buying goods or services at a discount, dance studios and health clubs; providing that certain activities related to the solicitation of charitable contributions constitute deceptive trade practices; authorizing the attorney general to issue subpoenas and make investigative demands for the purpose of investigating deceptive trade practices; providing penalties; revising the scope of persons who are required to register as sellers or salesmen in this state; requiring a seller who offers for sale information or opinions relating to sporting events and certain persons associated with such a seller to obtain a work card issued by the sheriff of the county in which the business of the seller is located; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:

      1.  “Commissioner” means the commissioner of the consumer affairs division of the department of business and industry.

      2.  “Division” means the consumer affairs division of the department of business and industry.

      3.  “Registrant” means a credit service organization, an organization for buying goods or services at a discount, a dance studio or a health club which is required to register and post security with the division pursuant to the provisions of this chapter.

      Sec. 3.  1.  Each credit service organization, organization for buying goods or services at a discount, dance studio and health club regulated by the provisions of this chapter shall apply for registration on the form prescribed by the division.

      2.  At the time of application for registration, the applicant shall pay to the division an administrative fee of $25 and deposit the required security with the division.

      3.  Upon receipt of the security in the proper form and the payment of the administrative fee required by this section, the division shall issue a certificate of registration to the applicant. A certificate of registration is not transferable or assignable.

      Sec. 4.  1.  Each registrant shall deposit with the division:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit for which the registrant is the obligor, issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution doing business in this state, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the registrant.


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ê1997 Statutes of Nevada, Page 3193 (Chapter 642, SB 167)ê

 

      2.  The term of the bond, letter of credit or certificate of deposit, or any renewal thereof, must be not less than 1 year.

      3.  If the registrant deposits a bond, the registrant shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The registrant shall notify the division not later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

      4.  The commissioner may reject any bond, letter of credit or certificate of deposit which fails to conform to the requirements of this chapter.

      5.  A registrant may change the form of security which he has deposited with the division. If the registrant changes the form of the security, the commissioner may retain for not more than 1 year any portion of the security previously deposited by the registrant as security for claims arising during the time the previous security was in effect.

      6.  If the amount of the deposited security falls below the amount required by this chapter for that security, the registrant shall be deemed not to be registered as required by section 3 of this act for the purposes of this chapter.

      Sec. 5.  1.  The security required to be deposited by a registrant pursuant to section 4 of this act must be held in trust for consumers injured by the bankruptcy of the registrant or the registrant’s breach of any agreement entered into in his capacity as a registrant.

      2.  A consumer so injured may bring and maintain an action in any court of competent jurisdiction to recover against the security.

      3.  The division may bring an action for interpleader against all claimants upon the security. If the division brings such an action, the division shall publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county in which the organization has its principal place of business. The division may deduct its costs of the action, including the costs of the publication of the notice, from the amount of the security. All claims against the security have equal priority. If the security is insufficient to pay all the claims in full, the claims must be paid pro rata. If the registrant has posted a bond with the division, the surety is then relieved of all liability under the bond.

      4.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 3, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. If the registrant has posted a bond with the division, distribution pursuant to this subsection relieves the surety of all liability under the bond.

      Sec. 6.  1.  If no claims have been filed against the security deposited with the division pursuant to section 4 of this act within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the commissioner shall release the security to the registrant and shall not audit any claims filed against the security thereafter by consumers.

      2.  If one or more claims have been filed against the security within 6 months after the registrant ceases to operate or his registration expires, whichever occurs later, the proceeds must not be released to the registrant or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later.


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

ê1997 Statutes of Nevada, Page 3194 (Chapter 642, SB 167)ê

 

or distributed to any consumer earlier than 1 year after the registrant ceases to operate or his registration expires, whichever occurs later.

      3.  For the purposes of this section, the commissioner shall determine the date on which a registrant ceases to operate.

      Sec. 7.  Before advertising its services or conducting business in this state, an organization for buying goods or services at a discount must register pursuant to section 3 of this act and post security in the amount of $50,000 with the division pursuant to section 4 of this act. The security must be conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930, inclusive, and this section, and the terms of the contract with the buyer.

      Sec. 8.  1.  A person, in planning, conducting or executing a solicitation for or on behalf of a charitable organization, shall not:

      (a) Make any claim or representation concerning a contribution which directly, or by implication, has the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances; or

      (b) Omit any material fact deemed to be equivalent to a false, misleading or deceptive claim or representation if the omission, when considering what has been said or implied, has or would have the capacity, tendency or effect of deceiving or misleading a person acting reasonably under the circumstances.

      2.  Notwithstanding any other provisions of this chapter, the attorney general has primary jurisdiction to investigate and prosecute a violation of this section.

      3.  Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      4.  As used in this section:

      (a) “Charitable organization” means any person who, directly or indirectly, solicits contributions and who:

             (1) The Secretary of the Treasury has determined to be tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code; or

             (2) Is, or holds himself out to be, established for a charitable purpose.

The term does not include an organization which is established for and serving bona fide religious purposes.

      (b) “Solicitation” means a request for a contribution to a charitable organization that is made by:

             (1) Mail;

             (2) Commercial carrier;

             (3) Telephone, facsimile or other electronic device; or

             (4) A face-to-face meeting.

The term includes solicitations which are made from a location within this state and solicitations which are made from a location outside of this state to persons located in this state.


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ê1997 Statutes of Nevada, Page 3195 (Chapter 642, SB 167)ê

 

      Sec. 9.  NRS 598.0925 is hereby amended to read as follows:

      598.0925  1.  Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when , in the course of his business or occupation , he:

      (a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or

      (b) Fails upon request of the commissioner or attorney general to produce within 6 working days the substantiating evidence in his possession at the time the assertion of scientific, clinical or quantifiable fact was made.

      2.  This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person.

      Sec. 10.  NRS 598.096 is hereby amended to read as follows:

      598.096  When the commissioner , [or the] director or attorney general has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:

      1.  Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the commissioner [or the director,] , director or attorney general, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as [he] the commissioner, director or attorney general may deem necessary.

      2.  Examine under oath any person in connection with the sale or advertisement of any property.

      3.  Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.

      4.  Make true copies, at the expense of the consumer affairs division of the department of business and industry, of any record, book, document, account or paper examined [, as provided in] pursuant to subsection 3 , [of this section,] which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097 and 598.0979.

      5.  Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless [the commissioner or the] :

      (a) The commissioner, director or attorney general, and the court give the accused full opportunity to be heard ; and [unless the commissioner or]

      (b) The commissioner, director or attorney general proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.

      Sec. 11.  NRS 598.0963 is hereby amended to read as follows:

      598.0963  1.  Whenever the attorney general is requested in writing by the commissioner or the director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person on behalf of the commissioner or director.


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

ê1997 Statutes of Nevada, Page 3196 (Chapter 642, SB 167)ê

 

trade practice, the attorney general may bring an action in the name of the State of Nevada against that person on behalf of the commissioner or director.

      2.  The attorney general may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The attorney general is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.

      3.  If the attorney general has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.

      4.  If the attorney general has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested. An employee of the attorney general may personally serve the subpoena.

      Sec. 12.  NRS 598.097 is hereby amended to read as follows:

      598.097  If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the commissioner [or the director,] , director or attorney general pursuant to NRS 598.0963 or 598.0967, the commissioner , [or the] director or attorney general may apply to any district court for equitable relief. The application must state reasonable grounds showing that the relief is necessary to terminate or prevent a deceptive trade practice. If the court is satisfied of the reasonable grounds, the court may:

      1.  Grant injunctive relief restraining the sale or advertisement of any property by the person.

      2.  Require the attendance of or the production of documents by the person, or both.

      3.  Grant other relief necessary to compel compliance by the person.

      Sec. 13.  NRS 598.2825 is hereby amended to read as follows:

      598.2825  1.  [An organization shall not advertise its services or conduct business in this state unless it has filed an application for registration on a form prescribed by the division, and has received a certificate of registration from the division. A certificate of registration is not transferable or assignable.

      2.  The application for registration must be accompanied by a $25 fee and a bond in compliance with the requirements of NRS 598.285.

      3.]  Before advertising its services or conducting business in this state, an organization must register pursuant to section 3 of this act and deposit security in the amount of $100,000 with the division pursuant to section 4 of this act. The security must be conditioned on compliance by the organization with the provisions of NRS 598.282 to 598.286, inclusive, and the terms of its contracts with buyers.


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ê1997 Statutes of Nevada, Page 3197 (Chapter 642, SB 167)ê

 

      2.  If an organization has deposited the required security, a salesperson, agent or representative of the organization who sells its services is not required to deposit his own separate security. For the purposes of this subsection, a person is a salesman, agent or representative of an organization if:

      (a) He does business under the same name as the organization; or

      (b) The organization and the issuer of the security certify in writing that the security covers the salesperson, agent or representative.

      3.  The division shall adopt such regulations as it deems necessary to carry out the provisions of this section.

      Sec. 14.  NRS 598.283 is hereby amended to read as follows:

      598.283  1.  Before the execution of a contract between the buyer and an organization or before the receipt by the organization of any money or other valuable consideration, whichever occurs first, the organization [shall] must provide to the buyer, in writing:

      (a) A statement:

             (1) That the buyer has a right pursuant to 15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except medical information, in any file on him maintained by a consumer credit reporting agency;

             (2) That 15 U.S.C. § 1681j requires that this disclosure be made free to the buyer if he requests it within 30 days after receipt of notice of a denial of credit;

             (3) Of the approximate cost to the buyer of receiving this disclosure when there has not been a denial of credit; and

             (4) That the buyer has the right pursuant to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item contained in any file on him maintained by any consumer credit reporting agency.

      (b) A detailed description of the services to be performed by the organization for the buyer and the total amount the buyer will become obligated to pay for the services.

      (c) A statement that the buyer has a right to proceed against the [bond filed] security deposited with the division by the organization under the circumstances and in the manner set forth in [NRS 598.285.] sections 5 and 6 of this act. The statement provided pursuant to this paragraph must include the name and address of the [corporate surety executing the bond.] issuer of the security.

      (d) A statement that the buyer may cancel a contract for the services of an organization within 5 days after its execution by written notice mailed or delivered to the organization.

      (e) A statement identifying the availability of any nonprofit association which provides services similar to those offered by the organization. The statement provided pursuant to this paragraph must include the association’s telephone number, including the association’s national toll-free telephone number, if any.

      2.  The written information provided pursuant to subsection 1 must be printed in at least 10-point bold type and must include the following statement or a similar statement approved by the division:

 


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ê1997 Statutes of Nevada, Page 3198 (Chapter 642, SB 167)ê

 

RIGHTS OF CONSUMERS REGARDING CREDIT FILES

PURSUANT TO STATE AND FEDERAL LAW

 

       You have the right to obtain a copy of your credit file from a consumer credit reporting agency. There is no fee if, within the past 30 days, you have been turned down for credit, employment or insurance because of information in your credit report. The consumer credit reporting agency is obligated to provide someone to help you interpret the information in your credit file.

       You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit service organization has the right to have accurate, current and verifiable information removed from your credit report. Generally, under the Fair Credit Reporting Act, the consumer credit reporting agency is obligated to remove accurate, negative information from your report only if it is more than 7 years old and bankruptcy information can be reported for 10 years. If you have notified a credit reporting agency that you dispute the accuracy of information in your credit file, the consumer credit reporting agency is obligated to make an investigation and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any relevant information and copies of all documents you have concerning the disputed information should be given to the consumer credit reporting agency. If the investigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your credit file, explaining why you think the information in the credit file is inaccurate. The consumer credit reporting agency is obligated to include your statement or a summary of your statement about disputed information in any report it issues about you.

 

RIGHTS OF CONSUMERS REGARDING

CANCELLATION OF A CONTRACT

 

       You have a right to give written notice of your intent to cancel a contract with a credit service organization for any reason within 5 working days from the date you signed it. If for any reason you do cancel a contract during this time, you do not owe any money. You have a right to sue a credit service organization if it misleads you.

 

      3.  The organization shall retain a copy of the written information it provides pursuant to the requirements of subsections 1 and 2 for not less than 2 years.

      Sec. 15.  NRS 598.289 is hereby amended to read as follows:

      598.289  1.  The provisions of NRS 598.282 to 598.287, inclusive, are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law.

      2.  The remedies provided in NRS [598.285,] 598.286 and 598.287 for violation of any provision of NRS 598.282 to 598.286, inclusive, are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.


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ê1997 Statutes of Nevada, Page 3199 (Chapter 642, SB 167)ê

 

addition to any other procedures or remedies for any violation or conduct provided for in any other law.

      3.  Any violation of NRS 598.282 to 598.286, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 16.  NRS 598.840 is hereby amended to read as follows:

      598.840  As used in NRS 598.840 to 598.930, inclusive, and section 7 of this act, unless the context otherwise requires:

      1.  “Business day” means any calendar day except Sunday, or the following business holidays: New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Nevada Day, Veterans’ Day, Thanksgiving Day and Christmas Day.

      2.  “Buyer” means a person who purchases by contract a membership in an organization for buying goods or services at a discount.

      3.  “Commissioner” means the commissioner of the consumer affairs division of the department of business and industry.

      4.  “Organization for buying goods or services at a discount” or “organization” means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area.

      Sec. 17.  NRS 598.875 is hereby amended to read as follows:

      598.875  Each contract for membership in an organization must:

      1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales presentation was given;

      3.  Contain the addresses of the buyer and the organization;

      4.  Be given to the buyer when he signs it;

      5.  Disclose that the security required by [NRS 598.850] section 4 of this act has been obtained and deposited with the commissioner;

      6.  Specify the term of the membership of the buyer, which may not be measured by the buyer’s life; and

      7.  Clearly specify the buyer’s right to cancel the contract pursuant to NRS 598.885.

      Sec. 18.  NRS 598.930 is hereby amended to read as follows:

      598.930  1.  The remedies, duties and prohibitions of NRS 598.840 to 598.930, inclusive, and section 7 of this act, are not exclusive and are in addition to any other remedies provided by law.

      2.  Any violation of NRS [598.850] 598.855 to 598.900, inclusive, constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 19.  NRS 598.944 is hereby amended to read as follows:

      598.944  1.  Each owner of a dance studio or health club shall register with the division [,] pursuant to section 3 of this act, listing the full name and address of the studio or club and any other description of its facilities or activities the division requires.

      2.  At least one member of the governing body of the dance studio or health club must live in the county where the studio or club is located. He is the agent of the studio or club and its owner for receipt of process served.


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ê1997 Statutes of Nevada, Page 3200 (Chapter 642, SB 167)ê

 

is the agent of the studio or club and its owner for receipt of process served.

      Sec. 20.  NRS 598.946 is hereby amended to read as follows:

      598.946  1.  Except as otherwise provided in subsection [11, before contracting with a buyer,] 5, before advertising its services or conducting business in this state, the owner of a dance studio or a health club [shall deposit with the division:

      (a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;

      (b) An irrevocable letter of credit of which the owner of the dance studio or health club is the obligor and issued by a bank whose deposits are federally insured; or

      (c) A certificate of deposit in a federally insured financial institution that may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner,] must register pursuant to NRS 598.944 and section 3 of this act, and deposit security with the division pursuant to section 4 of this act. The security must be conditioned on compliance by the owner with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with a buyer.

      2.  Except as otherwise provided in subsection [9,] 3, the amount of the [bond, letter of credit or certificate of deposit] security to be deposited must be:

      (a) Ten thousand dollars, if the dance studio or health club has less than 400 members;

      (b) Fifteen thousand dollars, if the dance studio or health club has 400 members or more but less than 800 members;

      (c) Twenty thousand dollars, if the dance studio or health club has 800 members or more but less than 1,200 members;

      (d) Twenty-five thousand dollars, if the dance studio or health club has 1,200 members or more but less than 1,500 members;

      (e) Thirty-five thousand dollars, if the dance studio or health club has 1,500 members or more but less than 4,000 members; and

      (f) Fifty thousand dollars, if the dance studio or health club has 4,000 or more members.

      3.  [Except as otherwise provided in subsection 11, any buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.

      4.  Except as otherwise provided in subsection 11, the liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division.

      5.  The division may bring an action for interpleader against all claimants upon the security. If it does so, the division must publish notice of the action at least once each week for 2 weeks in a newspaper of general circulation in the county where the organization has its principal place of business. The division is entitled to deduct its costs of the action, including publication costs, from the amount of the security. Claims against the security have equal priority.


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ê1997 Statutes of Nevada, Page 3201 (Chapter 642, SB 167)ê

 

security have equal priority. If the security is insufficient to pay the claims in full, they must be paid pro rata. In the case of a bond, the surety is then relieved of all liability under the bond.

      6.  The division may, in lieu of bringing an action for interpleader pursuant to subsection 5, conduct a hearing to determine the distribution of the security to claimants. The division shall adopt regulations to provide for adequate notice and the conduct of the hearing. Distribution pursuant to this subsection relieves the surety of all liability under the bond.

      7.  Except as otherwise provided in subsection 11, the dance studio or health club shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.

      8.  Except as otherwise provided in subsection 11, the division may apply for injunctive relief to require the dance studio or health club to register or to deposit and maintain the security required by subsection 1.

      9.]  If a dance studio or health club conducts any pre-sale of dance lessons, the use of facilities or other services, the amount of the [bond] security required by [subsection 2 must be $100,000.

      10.] this section is $100,000.

      4.  A dance studio or health club shall report to the division on a quarterly basis the size of its membership and shall, on the basis of any change in the size of that membership, adjust accordingly the amount of the [bond, certificate of deposit or letter of credit] security deposited with the division.

      [11.] 5.  If a dance studio or health club has actively conducted business for not less than 4 consecutive years and has not changed ownership or, in the case of a corporation, not more than 25 percent of its authorized shares have been transferred, it is not required to deposit [a bond, letter of credit or certificate of deposit] security with the division pursuant to [subsection 1.] section 4 of this act. If a dance studio or health club does not deposit [a bond, letter of credit or certificate of deposit,] such security, it shall obtain a written acknowledgment from each member and prominently post a notice on its premises stating that no security for refunds or reimbursement has been deposited with the State of Nevada.

      Sec. 21.  NRS 598.948 is hereby amended to read as follows:

      598.948  Each contract between the buyer and the dance studio or health club must:

      1.  Be in writing, legible and have all spaces filled in before the buyer signs it;

      2.  Be in the language in which the sales presentation was given;

      3.  Contain the addresses of the buyer and the studio or club;

      4.  Be given to the buyer when he signs it;

      5.  Disclose whether security has been obtained and deposited with the division pursuant to [NRS 598.946;] section 4 of this act;

      6.  Specify the term of membership of the buyer, which must not be measured by the life of the buyer;


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ê1997 Statutes of Nevada, Page 3202 (Chapter 642, SB 167)ê

 

      7.  Clearly specify the right of the buyer to cancel the contract pursuant to NRS 598.950;

      8.  Not contain a clause by which the contract is automatically renewed; and

      9.  Specify the number of lessons and the cost of each lesson, if the contract is for dance lessons.

      Sec. 21.3.  Chapter 599B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each applicant for registration as a seller who intends to offer for sale information or opinions relating to sporting events must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the applicant is located.

      2.  Each principal officer, director, trustee, shareholder and employee of a seller who offers for sale information or opinions relating to sporting events, or an owner or partner of such a seller, must obtain a work card issued pursuant to subsection 3 by the sheriff of the county in which the business of the seller is located that authorizes his association with the seller.

      3.  The sheriff of a county shall issue a work card to a seller who intends to offer for sale information or opinions relating to sporting events, or a principal officer, director, trustee, shareholder or employee of such a seller, who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed each year.

      4.  If the sheriff of a county requires an applicant for a work card to submit a set of his fingerprints with his application, the sheriff may submit the fingerprints to the central repository for Nevada records of criminal history and to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      Sec. 21.5.  NRS 599B.010 is hereby amended to read as follows:

      599B.010  As used in this chapter, unless the context otherwise requires:

      1.  “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

      2.  “Commissioner” means the commissioner of consumer affairs.

      3.  “Consumer” means a person who is solicited by a seller or salesman.

      4.  “Division” means the consumer affairs division of the department of business and industry.

      5.  “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:


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ê1997 Statutes of Nevada, Page 3203 (Chapter 642, SB 167)ê

 

      (a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

      (b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

      6.  “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

      7.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

      8.  “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

      9.  “Salesman” means any person:

      (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

      (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or

      (c) Who communicates on behalf of a seller with a consumer:

             (1) In the course of a solicitation by telephone; or

             (2) For the purpose of verifying, changing or confirming an order,

except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

      10.  Except as otherwise provided in subsection 11, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

      (a) The person initiates contact by telephone with a consumer and represents or implies:

             (1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

             (2) That a consumer will or has a chance or opportunity to receive a premium;

             (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

             (4) That the product offered for sale is information or opinions relating to sporting events;

             (5) That the product offered for sale [are] is the services of a recovery service; or

             (6) That the consumer will receive a premium or goods or services if he makes a donation;


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ê1997 Statutes of Nevada, Page 3204 (Chapter 642, SB 167)ê

 

      (b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

             (1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

             (2) That the consumer will receive a premium if the recipient calls the person;

             (3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

             (4) That the product offered for sale [are] is the services of a recovery service; or

             (5) That the consumer will receive a premium or goods or services if he makes a donation; or

      (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

             (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

             (2) Information or opinions relating to sporting events; or

             (3) Services of a recovery service.

      11.  “Seller” does not include:

      (a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

      (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

      (c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

      (d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.

      (e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

      (f) A person who solicits a donation from a consumer when:

             (1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

             (2) The consumer provides a donation of $50 or less in response to the solicitation.

      (g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

      (h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.


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ê1997 Statutes of Nevada, Page 3205 (Chapter 642, SB 167)ê

 

      (i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

      (j) A person soliciting the sale of books, recordings, video cassettes , software for computer systems or similar items through [an] :

             (1) An organization whose method of sales is governed by the [regulations of the Federal Trade Commission] provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce [, including the] ;

             (2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements [under] pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received [.] ; or

             (3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

      (k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

             (1) Contains a written description or illustration of each item offered for sale and the price of each item;

             (2) Includes the business address of the person;

             (3) Includes at least [100] 24 pages of written material and illustrations;

             (4) Is distributed in more than one state; and

             (5) Has an annual circulation by mailing of not less than 250,000.

      (l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

      (m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

      (n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

      (o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

      (p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.


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ê1997 Statutes of Nevada, Page 3206 (Chapter 642, SB 167)ê

 

      (q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 [.] that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

      (r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

             (1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

             (2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

      (s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

      (t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

             (1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and

             (2) The registration or license has not expired or been suspended or revoked.

      (u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

             (1) Making the solicitation; or

             (2) On whose behalf the solicitation is made.

      (v) A person to whom a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

      (w) A person who solicits a previous customer of the business on whose behalf the call is made if the person making the call:

             (1) Does not offer the customer any premium in connection with the sale;

             (2) Is not selling an investment or an opportunity for an investment that is not registered with any state or federal authority; and

             (3) Is not regularly engaged in telephone sales.

      (x) A person who solicits the sale of livestock.

      (y) An issuer [or wholly owned subsidiary of an issuer] which has a [security] class of securities that is listed on the New York Stock Exchange [.] , the American Stock Exchange or the National Market System of the National Association of Securities Dealers Automated Quotation System.

      (z) A subsidiary of an issuer that qualifies for exemption pursuant to paragraph (y) if at least 60 percent of the voting power of the shares of the subsidiary is owned by the issuer.

      Sec. 21.6.  NRS 599B.090 is hereby amended to read as follows:

      599B.090  1.  An applicant for registration as a seller must submit to the division, in such form as it prescribes, a written application for registration. The application must:

      (a) Set forth the name of the applicant, including each name under which he intends to do business;

      (b) Set forth the name of any parent or affiliated entity that:


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ê1997 Statutes of Nevada, Page 3207 (Chapter 642, SB 167)ê

 

             (1) Will engage in a business or other transaction with the consumer relating to any sale or donation solicited by the applicant; or

             (2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;

      (c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;

      (d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;

      (e) Set forth the name and address of each:

             (1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;

             (2) Person responsible for a location from which the applicant will do business; and

             (3) Salesman to be employed by the applicant;

      (f) Be accompanied by a copy of any:

             (1) Script, outline or presentation the applicant will require a salesman to use when soliciting or, if no such document is used, a statement to that effect;

             (2) Sales or donation information or literature to be provided by the applicant to a salesman, or of which the applicant will inform the salesman; and

             (3) Sales or donation information or literature to be provided by the applicant to a consumer in connection with any solicitation;

      (g) If the applicant is a corporation, be signed by an officer of the corporation; and

      (h) If the applicant is a natural person, be completed personally by the applicant.

      2.  Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the division and not for the approval of the division.

      3.  The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction or by order of a court of competent jurisdiction.

      4.  If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:

      (a) In the case of a partnership, provide a copy of any written partnership agreement; or

      (b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.

      5.  An application filed pursuant to this section must be verified and accompanied by:

      (a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;

      (b) A fee for registration in the amount of $6,000; [and]


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ê1997 Statutes of Nevada, Page 3208 (Chapter 642, SB 167)ê

 

      (c) If subsection 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection [.] ; and

      (d) If the applicant intends to offer for sale information or opinions relating to sporting events, a copy of:

             (1) The work card issued to the seller pursuant to subsection 1 of section 21.3 of this act; and

             (2) The work cards of any other persons associated with the seller who are required to obtain work cards pursuant to subsection 2 of section 21.3 of this act.

      6.  If an applicant intends to do business under any assumed or fictitious name, he must, for each such name:

      (a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and

      (b) Pay an additional fee for registration in the amount of $6,000.

      Sec. 21.7.  NRS 599B.140 is hereby amended to read as follows:

      599B.140  1.  Each person registered pursuant to the provisions of this chapter must renew his registration annually by [paying] :

      (a) Paying the fee for registration [and submitting] ;

      (b) Submitting to the division the application required by NRS 599B.090 or 599B.120, whichever applies [.] ; and

      (c) If the person is a seller who offers for sale information or opinions relating to sporting events, submitting to the division a copy of the work card obtained by:

             (1) The seller pursuant to subsection 1 of section 21.3 of this act; and

             (2) Each principal officer, director, trustee, shareholder, employee, owner and partner of the seller pursuant to subsection 2 of section 21.3 of this act.

      2.  Registration expires on the anniversary of the issuance of the registration. A registrant who wishes to renew his registration must do so on or before the date his registration expires.

      3.  For the purposes of NRS 599B.080, a person who fails to renew his registration within the time required by this section is not registered pursuant to this chapter.

      4.  Except as otherwise provided in NRS 599B.160, if any material change in the information submitted for registration occurs before the date for renewal, a registrant shall submit that information to the division within 10 days after the registrant obtains knowledge of the change.

      Sec. 21.8.  Section 7 of Senate Bill No. 345 of this session is hereby amended to read as follows:

       Sec. 7.  NRS 599B.010 is hereby amended to read as follows:

       599B.010  As used in this chapter, unless the context otherwise requires:

       1.  “Chance promotion” means any plan in which premiums are distributed by random or chance selection.

       2.  “Commissioner” means the commissioner of consumer affairs.

       3.  “Consumer” means a person who is solicited by a seller or salesman.


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ê1997 Statutes of Nevada, Page 3209 (Chapter 642, SB 167)ê

 

       4.  “Division” means the consumer affairs division of the department of business and industry.

       5.  “Donation” means a promise, grant or pledge of money, credit, property, financial assistance or other thing of value given in response to a solicitation by telephone, including, but not limited to, a payment or promise to pay in consideration for a performance, event or sale of goods or services. The term does not include volunteer services, government grants or contracts or a payment by members of any organization of membership fees, dues, fines or assessments or for services rendered by the organization to those persons, if:

       (a) The fees, dues, fines, assessments or services confer a bona fide right, privilege, professional standing, honor or other direct benefit upon the member; and

       (b) Membership in the organization is not conferred solely in consideration for making a donation in response to a solicitation.

       6.  “Goods or services” means any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value.

       7.  “Premium” includes any prize, bonus, award, gift or any other similar inducement or incentive to purchase.

       8.  “Recovery service” means a business or other practice whereby a person represents or implies that he will, for a fee, recover any amount of money that a consumer has provided to a seller or salesman pursuant to a solicitation governed by the provisions of this chapter.

       9.  “Salesman” means any person:

       (a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;

       (b) Retained by a seller to provide consulting services relating to the management or operation of the seller’s business; or

       (c) Who communicates on behalf of a seller with a consumer:

             (1) In the course of a solicitation by telephone; or

             (2) For the purpose of verifying, changing or confirming an order,

except that a person is not a salesman if his only function is to identify a consumer by name only and he immediately refers the consumer to a salesman.

       10.  Except as otherwise provided in subsection 11, “seller” means any person who, on his own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salesmen or any automated dialing announcing device under any of the following circumstances:

       (a) The person initiates contact by telephone with a consumer and represents or implies:

             (1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;

             (2) That a consumer will or has a chance or opportunity to receive a premium;


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             (3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;

             (4) That the product offered for sale is information or opinions relating to sporting events;

             (5) That the product offered for sale is the services of a recovery service; or

             (6) That the consumer will receive a premium or goods or services if he makes a donation;

       (b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:

             (1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;

             (2) That the consumer will receive a premium if the recipient calls the person;

             (3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;

             (4) That the product offered for sale is the services of a recovery service; or

             (5) That the consumer will receive a premium or goods or services if he makes a donation; or

       (c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:

             (1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;

             (2) Information or opinions relating to sporting events; or

             (3) Services of a recovery service.

       11.  “Seller” does not include:

       (a) A person licensed pursuant to chapter 90 of NRS when soliciting offers, sales or purchases within the scope of his license.

       (b) A person licensed pursuant to chapter 119A, 119B, 624, 645 or 696A of NRS when soliciting sales within the scope of his license.

       (c) A person licensed as an insurance broker, agent or solicitor when soliciting sales within the scope of his license.

       (d) Any solicitation of sales made by the publisher of a newspaper or magazine or by an agent of the publisher pursuant to a written agreement between the agent and publisher.


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       (e) A broadcaster soliciting sales who is licensed by any state or federal authority, if the solicitation is within the scope of the broadcaster’s license.

       (f) A person who solicits a donation from a consumer when:

             (1) The person represents or implies that the consumer will receive a premium or goods or services with an aggregated fair market value of 2 percent of the donation or $50, whichever is less; or

             (2) The consumer provides a donation of $50 or less in response to the solicitation.

       (g) A charitable organization which is registered or approved to conduct a lottery pursuant to chapter 462 of NRS.

       (h) A public utility or motor carrier which is regulated pursuant to chapter 704 or 706 of NRS, or by an affiliate of such a utility or motor carrier, if the solicitation is within the scope of its certificate or license.

       (i) A utility which is regulated pursuant to chapter 710 of NRS, or by an affiliate of such a utility.

       (j) A person soliciting the sale of books, recordings, video cassettes, software for computer systems or similar items through:

             (1) An organization whose method of sales is governed by the provisions of Part 425 of Title 16 of the Code of Federal Regulations relating to the use of negative option plans by sellers in commerce;

             (2) The use of continuity plans, subscription arrangements, arrangements for standing orders, supplements, and series arrangements pursuant to which the person periodically ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received; or

             (3) An arrangement pursuant to which the person ships merchandise to a consumer who has consented in advance to receive the merchandise and has the opportunity to review the merchandise for at least 10 days and return it for a full refund within 30 days after it is received.

       (k) A person who solicits sales by periodically publishing and delivering a catalog to consumers if the catalog:

             (1) Contains a written description or illustration of each item offered for sale and the price of each item;

             (2) Includes the business address of the person;

             (3) Includes at least 24 pages of written material and illustrations;

             (4) Is distributed in more than one state; and

             (5) Has an annual circulation by mailing of not less than 250,000.

       (l) A person soliciting without the intent to complete and who does not complete, the sales transaction by telephone but completes the sales transaction at a later face-to-face meeting between the solicitor and the consumer, if the person, after soliciting a sale by telephone, does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.


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does not cause another person to collect the payment from or deliver any goods or services purchased to the consumer.

       (m) Any commercial bank, bank holding company, subsidiary or affiliate of a bank holding company, trust company, savings and loan association, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer subject to regulation by an official or agency of this state or of the United States, if the solicitation is within the scope of the certificate or license held by the entity.

       (n) A person holding a certificate of authority issued pursuant to chapter 452 of NRS when soliciting sales within the scope of the certificate.

       (o) A person licensed pursuant to chapter 689 of NRS when soliciting sales within the scope of his license.

       (p) A person soliciting the sale of services provided by a community antenna television company subject to regulation pursuant to chapter 711 of NRS.

       (q) A person soliciting the sale of agricultural products, if the solicitation is not intended to and does not result in a sale of more than $100 that is to be delivered to one address. As used in this paragraph, “agricultural products” has the meaning ascribed to it in NRS 587.290.

       (r) A person who has been operating, for at least 2 years, a retail business establishment under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis:

             (1) Goods are displayed and offered for sale or services are offered for sale and provided at the person’s business establishment; and

             (2) At least 50 percent of the person’s business involves the buyer obtaining such goods or services at the person’s business establishment.

       (s) A person soliciting only the sale of telephone answering services to be provided by the person or his employer.

       (t) A person soliciting a transaction regulated by the Commodity Futures Trading Commission, if:

             (1) The person is registered with or temporarily licensed by the Commission to conduct that activity pursuant to the Commodity Exchange Act (7 U.S.C. §§ 1 et seq.); and

             (2) The registration or license has not expired or been suspended or revoked.

       (u) A person who contracts for the maintenance or repair of goods previously purchased from the person:

             (1) Making the solicitation; or

             (2) On whose behalf the solicitation is made.

       (v) A person to whom a license to operate an information service or a nonrestricted gaming license, which is current and valid, has been issued pursuant to chapter 463 of NRS when soliciting sales within the scope of his license.

 

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