[Rev. 3/18/2013 2:49:32 PM]

Link to Page 3212

 

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ê1997 Statutes of Nevada, Page 3213 (Chapter 642, SB 167)ê

 

       (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 which has a 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. 22.  NRS 598.285 and 598.850 are hereby repealed.

      Sec. 23.  The provisions of section 8 of this act apply only to a solicitation for or on behalf of a charitable organization which occurs on or after July 1, 1997.

      Sec. 24.  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. 24.5  The amendatory provisions of sections 21.3, 21.6 and 21.7 of this act apply to a person who submits an application for registration as a seller pursuant to NRS 599B.090, or renews his registration, on or after July 1, 1997.

      Sec. 25.  This act becomes effective on July 1, 1997.

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CHAPTER 643, SB 35

Senate Bill No. 35–Committee on Finance

CHAPTER 643

AN ACT relating to state financial administration; providing for the compensation of members of the economic forum; 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 353.227 is hereby amended to read as follows:

      353.227  1.  The economic forum impaneled pursuant to NRS 353.226 shall:

      (a) Elect a chairman and vice chairman from among its members at its first meeting;

      (b) Adopt such rules governing the conduct of the economic forum as it deems necessary; and


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ê1997 Statutes of Nevada, Page 3214 (Chapter 643, SB 35)ê

 

      (c) Hold such number of meetings as may be necessary to accomplish the tasks assigned to it in the time allotted.

      2.  The director of the legislative counsel bureau and chief of the budget division of the department of administration shall jointly provide the economic forum with:

      (a) Meeting rooms;

      (b) Staff;

      (c) Data processing services; and

      (d) Clerical assistance.

      3.  A majority of the members constitutes a quorum and a majority of those present must concur in any decision.

      4.  [The members of the economic forum serve without compensation, except that while] While engaged in the business of the economic forum, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  In addition to the per diem allowance and travel expenses provided in subsection 4, each member of the economic forum who is appointed by the governor pursuant to subsection 2 of NRS 353.226 is entitled to receive for each meeting of the economic forum:

      (a) Eighty dollars for one day of preparation for that meeting; and

      (b) Eighty dollars for each day or part of a day during which the meeting lasts.

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

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CHAPTER 644, SB 58

Senate Bill No. 58–Committee on Transportation

CHAPTER 644

AN ACT relating to motor vehicles; making it an unfair act or practice for a motor vehicle manufacturer, distributor or factory branch to prevent a dealer from selling or servicing another line or make of new vehicles under certain circumstances; 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 482.3638 is hereby amended to read as follows:

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

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


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ê1997 Statutes of Nevada, Page 3215 (Chapter 644, SB 58)ê

 

      2.  Require a dealer to agree to the jurisdiction, venue or tribunal in which a controversy arising under the provisions of the franchise agreement may or may not be submitted for resolution, or prohibit a dealer from bringing an action in any forum allowed by Nevada law.

      3.  Require a dealer to waive a trial by jury in actions involving the manufacturer, distributor or factory branch.

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

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

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

      (c) Transportation cost increases,

are not subject to this [provision.] subsection.

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

      (a) The franchised dealership;

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

      (c) A successor franchised dealership after the death of the principal in accordance with NRS 482.36396 to 482.36414, inclusive.

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

      7.  Terminate or refuse to approve a transfer of a franchise for a dealership, or honor the right of succession set forth in a franchise agreement or refuse to approve the transfer of a controlling interest in a dealership because the dealer has, before October 1, 1997, established an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership.

      8.  Prevent a dealer from establishing, on or after October 1, 1997, an additional franchise to sell or service another line or make of new vehicles in the same facility as the existing dealership if the dealer:

      (a) Submits a written request for approval of the additional franchise to the manufacturer, distributor or factory branch of the existing dealership;

      (b) Complies with the reasonable requirements for approval set forth in the franchise agreement of the existing dealership; and

      (c) Obtains the approval of the manufacturer, distributor or factory branch of the existing dealership.

The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval.

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ê1997 Statutes of Nevada, Page 3216ê

 

CHAPTER 645, SB 105

Senate Bill No. 105–Committee on Commerce and Labor

CHAPTER 645

AN ACT relating to industrial insurance; requiring insurers to issue certificates of insurance to employers for whom the insurers provide industrial insurance; requiring employers to post those certificates at their places of business; authorizing the fraud control unit for industrial insurance established within the office of the attorney general to review the index of claims established by the administrator of the division of industrial relations of the department of business and industry; clarifying the penalty that may be imposed if an insurer fails to provide information for the index of claims; revising the provisions relating to fraudulent practices; requiring the administrator and the fraud control unit to establish certain procedures relating to the enforcement of the provisions prohibiting fraudulent practices; providing penalties; 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 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act:

      Sec. 2.  1.  An insurer, other than a self-insured employer or an association of self-insured public or private employers, shall provide to each employer to whom the insurer provides industrial insurance a certificate of insurance which indicates that the employer has obtained a policy of industrial insurance.

      2.  A certificate of insurance provided by an insurer pursuant to subsection 1 must include, without limitation:

      (a) The name of the insurer;

      (b) The name of the insured;

      (c) The number of the policy; and

      (d) The period for which the policy is effective.

      Sec. 3.  1.  Each employer shall ensure that:

      (a) A certificate issued by the system pursuant to NRS 616B.200;

      (b) A certificate issued by the commissioner pursuant to NRS 616B.312; or

      (c) A certificate issued to an association of self-insured public or private employers by the commissioner pursuant to NRS 616B.359 and a certificate or letter issued by such an association verifying that the employer is a member in good standing of the association,

is posted in a conspicuous location at each of the employer’s places of business, including, without limitation, each location at which the employer has directed one or more employees to perform work.

      2.  An employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 4.  NRS 616B.018 is hereby amended to read as follows:

      616B.018  1.  The administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of [one] an insurer available to other insurers [.]


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ê1997 Statutes of Nevada, Page 3217 (Chapter 645, SB 105)ê

 

claimants of [one] an insurer available to other insurers [.] and the fraud control unit for industrial insurance established pursuant to NRS 228.420.

      2.  Every [self-insured employer, association of self-insured public or private employers and the system] insurer shall provide information as required by the administrator for establishing and maintaining the index of claims.

      3.  If an employee files a claim with an insurer, the insurer is entitled to receive from the administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, he must obtain the written consent of the employee.

      4.  Any information obtained from the index of claims must be admitted into evidence in any hearing before an appeals officer, a hearing officer or the administrator.

      5.  The division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the administrator.

      6.  If the administrator determines that an insurer has intentionally failed to provide the information required by this section, the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.

      Sec. 5.  NRS 616B.236 is hereby amended to read as follows:

      616B.236  [1.] Except as otherwise provided in [subsection 2,] NRS 616D.200, when any premium of an employer insured by the system as provided in chapters 616A to 616D, inclusive, of NRS remains unpaid on the date on which it becomes due, as prescribed by NRS 616B.224, it bears interest at the rate of 1 percent for each month or portion of a month thereafter until payment of the premium, plus accrued interest, is received by the manager.

      [2.  The amount of a determination of a deficiency made pursuant to NRS 616D.200 bears interest at the rate of 1 percent for each month or portion of a month from the date on which the determination becomes final until payment of the amount, plus accrued interest, is received by the manager.]

      Sec. 6.  NRS 616B.312 is hereby amended to read as follows:

      616B.312  1.  Upon determining that an employer is qualified as a self-insured employer, the commissioner shall issue a certificate to that effect to the employer and the administrator. No certificate may be issued to any employer who, within the 2 years immediately preceding his application, has had his certification as a self-insured employer involuntarily withdrawn by the commissioner.

      2.  A certificate issued pursuant to this section must include, without limitation:

      (a) The name of the self-insured employer;

      (b) An identification number assigned to the self-insured employer by the commissioner; and

      (c) The date on which the certificate was issued.

      3.  Except as otherwise provided in NRS 616B.315 and 616B.318, certificates issued pursuant to this section remain in effect until withdrawn by the commissioner or canceled by the employer. Coverage for employers qualifying under NRS 616B.615 becomes effective on the date of certification or the date specified in the certificate.


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ê1997 Statutes of Nevada, Page 3218 (Chapter 645, SB 105)ê

 

qualifying under NRS 616B.615 becomes effective on the date of certification or the date specified in the certificate.

      Sec. 7.  NRS 616B.359 is hereby amended to read as follows:

      616B.359  1.  The commissioner shall grant or deny an application for certification as an association of self-insured public or private employers within 60 days after receiving the application. If the application is materially incomplete or does not comply with the applicable provisions of the law, the commissioner shall notify the applicant of the additional information or changes required. Under such circumstances, if the commissioner is unable to act upon the application within this 60-day period, he may extend the period for granting or denying the application, but for not longer than an additional 90 days.

      2.  Upon determining that an association is qualified as an association of self-insured public or private employers, the commissioner shall issue a certificate to that effect to the association and the administrator. No certificate may be issued to an association that, within the 2 years immediately preceding its application, has had its certification as an association of self-insured public or private employers involuntarily withdrawn by the commissioner.

      3.  A certificate issued pursuant to this section must include, without limitation:

      (a) The name of the association;

      (b) The name of each employer who the commissioner determines is a member of the association at the time of the issuance of the certificate;

      (c) An identification number assigned to the association by the commissioner; and

      (d) The date on which the certificate was issued.

      4.  A certificate issued pursuant to this section remains in effect until withdrawn by the commissioner or canceled at the request of the association. Coverage for an association granted a certificate becomes effective on the date of certification or the date specified in the certificate.

      [4.] 5.  The commissioner shall not grant a request to cancel a certificate unless the association has insured or reinsured all incurred obligations with an insurer authorized to do business in this state pursuant to an agreement filed with and approved by the commissioner. The agreement must include coverage for actual claims and claims filed with the association but not reported, and the expenses associated with those claims.

      Sec. 8.  Chapter 616D of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

      Sec. 9.  1.  An insurer, organization for managed care, health care provider, employer, third-party administrator or public officer who believes, or has reason to believe, that:

      (a) A fraudulent claim for benefits under a policy of insurance has been made, or is about to be made;

      (b) An employer within the provisions of NRS 616B.633 has:

             (1) Knowingly made a false statement or representation concerning the amount of payroll upon which a premium is based; or


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ê1997 Statutes of Nevada, Page 3219 (Chapter 645, SB 105)ê

 

             (2) Failed to provide and secure compensation under the terms of chapters 616A to 616D, inclusive, of NRS or has failed to maintain that compensation;

      (c) A provider of health care has submitted an invoice for payment for accident benefits that contains information which the provider knows is false; or

      (d) A person has committed any other fraudulent practice under this chapter or chapter 616A, 616B, 616C or 617 of NRS,

shall report that belief to the fraud control unit for industrial insurance established pursuant to NRS 228.420.

      2.  The fraud control unit for industrial insurance established pursuant to NRS 228.420 may require a person who submits a report pursuant to subsection 1 to submit that report on a form prescribed by the unit.

      Sec. 10.  The administrator and the fraud control unit for industrial insurance established pursuant to NRS 228.420 shall establish procedures to ensure that:

      1.  The administrator, in accordance with the established procedures, reports to the unit violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, of which the administrator becomes aware;

      2.  For the purposes of NRS 616D.120, the unit notifies the administrator in a timely manner whether the unit will prosecute a person who has violated the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

      3.  The administrator and the unit share other information of which they are aware relating to violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive.

      Sec. 11.  NRS 616D.120 is hereby amended to read as follows:

      616D.120  1.  Except as otherwise provided in this section, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has:

      (a) Through fraud, coercion, duress or undue influence:

             (1) Induced a claimant to fail to report an accidental injury or occupational disease;

             (2) Persuaded a claimant to settle for an amount which is less than reasonable;

             (3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

             (4) Persuaded a claimant to accept less than the compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

      (b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

 


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ê1997 Statutes of Nevada, Page 3220 (Chapter 645, SB 105)ê

 

616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

             (1) Later than 10 days after the date of the settlement agreement or stipulation;

             (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or division, unless a stay has been granted; or

             (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or division has been lifted;

      (c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (e) Failed to comply with the division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS; [or]

      (f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or

      (g) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

the administrator shall impose an administrative fine of $1,000 for each initial violation, or a fine of $10,000 for a second or subsequent violation.

      2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the administrator determines that an insurer, organization for managed care, health care provider, third-party administrator or employer has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the administrator may take any of the following actions:

      (a) Issue a notice of correction for:

             (1) A minor violation, as defined by regulations adopted by the division; or

             (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. Nothing in this section authorizes the administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

      (b) Impose an administrative fine for:

             (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or


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ê1997 Statutes of Nevada, Page 3221 (Chapter 645, SB 105)ê

 

             (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent violation.

      (c) Order a plan of corrective action to be submitted to the administrator within 30 days after the date of the order.

      3.  If the administrator determines that a violation of any of the provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount equal to 50 percent of the compensation due or $10,000, whichever is less. In no event may a benefit penalty be less than $500. The benefit penalty is for the benefit of the claimant and must be paid directly to him within 10 days after the date of the administrator’s determination. Proof of the payment of the benefit penalty must be submitted to the administrator within 10 days after the date of his determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection.

      4.  In addition to any fine or benefit penalty imposed pursuant to this section, the administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      5.  If [the] :

      (a) The administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive [,] ; and

      (b) The fraud control unit for industrial insurance established pursuant to NRS 228.420 notifies the administrator that the unit will not prosecute the person for that violation,

the administrator shall impose an administrative fine of not more than $10,000.

      6.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the commissioner as evidence for the withdrawal of:

      (a) A certificate to act as a self-insured employer.

      (b) A certificate to act as an association of self-insured public or private employers.

      (c) A certificate of registration as a third-party administrator.

      7.  The commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.


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ê1997 Statutes of Nevada, Page 3222 (Chapter 645, SB 105)ê

 

      Sec. 12.  NRS 616D.200 is hereby amended to read as follows:

      616D.200  1.  If the manager finds that an employer within the provisions of NRS 616B.633 [:

      (a) Has] has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS [; or

      (b) Has] or that the employer has provided and secured [such] that compensation but has failed to maintain [that compensation,] it, he shall make a determination thereon and may charge the employer an amount [of not more than three times the] equal to the sum of:

      (a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years [.] ;

      (b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

      (c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

      2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

      3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

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

      (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a felony, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.

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

      Sec. 13.  NRS 616D.200 is hereby amended to read as follows:

      616D.200  1.  If the [manager] administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

      (a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

      (b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

      (c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.


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ê1997 Statutes of Nevada, Page 3223 (Chapter 645, SB 105)ê

 

      2.  The [manager] administrator shall mail a copy of his determination to the employer. An employer who is aggrieved by the [manager’s] determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

      3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

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

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

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

      Sec. 14.  NRS 616D.390 is hereby amended to read as follows:

      616D.390  1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

      (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

      (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.

      2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

      (a) A refund or discount made in the ordinary course of business;

      (b) Reflected by the books and records of the person transferring or receiving it; and

      (c) Reflected in the charges submitted to the insurer.

      3.  A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      4.  A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits.

      [4.] 5.  A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

      (a) Is less than $250, is guilty of a gross misdemeanor.


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ê1997 Statutes of Nevada, Page 3224 (Chapter 645, SB 105)ê

 

      (b) Is $250 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 15.  NRS 616D.410 is hereby amended to read as follows:

      616D.410  Any person who conspires with any other person to violate [any] :

      1.  Any of the provisions of NRS 616D.200 is guilty of a misdemeanor.

      2.  Any of the provisions of NRS [616D.200,] 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, is guilty of a gross misdemeanor.

      Sec. 16.  Section 3 of this act is hereby amended to read as follows:

       Sec. 3.  1.  Each employer shall ensure that:

       (a) A certificate [issued by the system pursuant to NRS 616B.200;] of insurance provided pursuant to section 2 of this act;

       (b) A certificate issued by the commissioner pursuant to NRS 616B.312; or

       (c) A certificate issued to an association of self-insured public or private employers by the commissioner pursuant to NRS 616B.359 and a certificate or letter issued by such an association verifying that the employer is a member in good standing of the association,

is posted in a conspicuous location at each of the employer’s places of business, including, without limitation, each location at which the employer has directed one or more employees to perform work.

       2.  An employer who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 17.  Section 18 of Senate Bill No. 133 of this session is hereby amended to read as follows:

       Sec. 18.  NRS 616D.200 is hereby amended to read as follows:

       616D.200  1.  If the manager finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS or that the employer has provided and secured that compensation but has failed to maintain it, he shall make a determination thereon and may charge the employer an amount equal to the sum of:

       (a) The premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, of NRS for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years;

       (b) The actual costs incurred by the system in reinstating the policy, but not to exceed 10 percent of the premiums owed by the employer; and

       (c) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.

       2.  The manager shall mail a copy of his determination to the employer. An employer who is aggrieved by the manager’s determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.


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

ê1997 Statutes of Nevada, Page 3225 (Chapter 645, SB 105)ê

 

determination may appeal from the determination pursuant to subsection 2 of NRS 616D.220.

       3.  Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:

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

       (b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category D felony [, punishable by imprisonment in the state prison for a definite term of not less than 1 year nor more than 5 years or by a fine of not more than $10,000, or by both fine and imprisonment. A person who is sentenced to imprisonment becomes eligible for parole when he has served one-third of the definite term for which he has been sentenced, less any credit earned to reduce his sentence pursuant to chapter 209 of NRS.] and shall be punished as provided in NRS 193.130.

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

      Sec. 18.  1.  NRS 616B.200 is hereby repealed.

      2.  Section 20 of Senate Bill No. 133 of this session is hereby repealed.

      3.  Sections 55 and 104 of chapter 580, Statutes of Nevada 1995, at pages 2012 and 2032, respectively, are hereby repealed.

      Sec. 19.  The amendatory provisions of this act do not apply to offenses that are committed before July 1, 1997.

      Sec. 20.  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. 21.  1.  This section and sections 1, 3 to 12, inclusive, 14, 15, 17, 19 and 20 of this act, and subsections 2 and 3 of section 18 of this act, become effective on July 1, 1997.

      2.  Section 13 of this act becomes effective on January 1, 1998.

      3.  Sections 2 and 16 of this act, and subsection 1 of section 18 of this act, become effective on July 1, 1999.

________

 


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

ê1997 Statutes of Nevada, Page 3226ê

 

CHAPTER 646, SB 135

Senate Bill No. 135–Committee on Finance

CHAPTER 646

AN ACT relating to substance abuse; making an appropriation to the Eighth Judicial District Court for continuation of the program of treatment for the abuse of alcohol or drugs; making an appropriation to the Second Judicial District for the treatment services for programs for the abuse of alcohol or controlled substances; and providing other matters properly related thereto.

 

[Approved July 17, 1997]

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the court administrator of the Eighth Judicial District Court the sum of $250,000 for the continuation of its program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the program of treatment established in the Eighth Judicial District Court pursuant to NRS 453.580.

      Sec. 2.  There is hereby appropriated from the state general fund to the administrator of the courts of the Second Judicial District of the State of Nevada the sum of $100,000 for the treatment services for programs for the abuse of alcohol or controlled substances.

      Sec. 3.  Any remaining balances of the appropriations made by sections 1 and 2 of this act must not be committed for expenditure after June 30, 1999, and revert to the state general fund as soon as all payments of money committed have been made.

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

________

 

CHAPTER 647, SB 182

Senate Bill No. 182–Committee on Finance

CHAPTER 647

AN ACT making an appropriation to the Lied Discovery Children’s Museum in Las Vegas for the expansion of the Early Childhood Exhibit and creation of the Parent Resource Center; 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.  There is hereby appropriated from the state general fund to the Lied Discovery Children’s Museum in Las Vegas the sum of $250,000 for the expansion of the Early Childhood Exhibit and the creation of the Parent Resource Center.


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

ê1997 Statutes of Nevada, Page 3227 (Chapter 647, SB 182)ê

 

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

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

________

 

CHAPTER 648, SB 201

Senate Bill No. 201–Committee on Finance

CHAPTER 648

AN ACT making appropriations to the Department of Administration for the implementation of the technology improvement plan for state government; 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.  1.  There is hereby appropriated to the Department of Administration from the:

      (a) State general fund, the sum of $24,474,063; and

      (b) State highway fund, the sum of $5,626,238,

for the implementation of the technology improvement plan for state government.

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

      3.  Commencing on July 1, 1999, the Department of Information Services shall repay in annual installments to the State Treasurer for deposit to the state general fund the cost of installing a private branch exchange system. Each installment must be equal to 10 percent of the total cost of the installed system.

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

________

 


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

ê1997 Statutes of Nevada, Page 3228ê

 

CHAPTER 649, SB 313

Senate Bill No. 313–Committee on Human Resources and Facilities

CHAPTER 649

AN ACT relating to education; making various changes to the provisions governing the investigation of the background of applicants for certain positions at postsecondary educational institutions; 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 394.465 is hereby amended to read as follows:

      394.465  1.  Except as otherwise provided in subsection 4, before a postsecondary educational institution employs or contracts with a person [to occupy:

      (a) An] :

      (a) To occupy an instructional position [or to act as an agent for the institution, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicant’s background, limited to a photograph, history of residences, employment, education and criminal history, and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation.

      (b) An] ;

      (b) To occupy an administrative or financial position, including a position as school director, personnel officer, counselor, admission representative, solicitor, canvasser, surveyor, financial aid officer or any similar position [, the applicant must arrange with the sheriff of the county in which the institution is located for an investigation of the applicant’s background, including but not limited to, the items set forth in paragraph (a) of this subsection.

      2.  The sheriff shall retain one copy of the application and results of the investigation and forward one copy to the administrator.] ; or

      (c) To act as an agent for the institution,

the applicant must submit to the administrator completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of his fingerprints to the central repository for Nevada records of criminal history and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those which are provided to the applicant by the administrator. The applicant’s fingerprints must be taken by an agency of law enforcement.

      2.  The administrator shall keep the results of the investigation confidential, except that if the investigation discloses that the applicant has been convicted of any felony, the administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.

      3.  The applicant shall pay the cost of the investigation.


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

ê1997 Statutes of Nevada, Page 3229 (Chapter 649, SB 313)ê

 

      4.  An applicant is not required to [arrange for an investigation of his background] satisfy the requirements of subsection 1 if he [is:

      (a) Licensed] :

      (a) Is licensed by the superintendent of public instruction;

      (b) [An] Is an employee of the United States Department of Defense; [or

      (c) A]

      (c) Is a member of the faculty of an accredited postsecondary educational institution in another state who is domiciled in a state other than Nevada and is present in Nevada for a temporary period to teach at a branch of that accredited institution [.] ; or

      (d) Has satisfied the requirements of subsection 1 within the immediately preceding 5 years.

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

________

 

CHAPTER 650, SB 251

Senate Bill No. 251–Committee on Natural Resources

CHAPTER 650

AN ACT relating to air pollution; establishing certain requirements for the establishment of fuel standards for mobile sources of air contaminants by local air pollution control agencies; providing that fuel standards for mobile sources of air contaminants must be established to achieve air quality standards that protect the health of the residents of this state; 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 445B of NRS is hereby amended by adding thereto a new section to read as follows:

      Before a district board of health, county board of health or board of county commissioners, pursuant to the authority granted to it by NRS 445B.500, enacts an ordinance or adopts a regulation establishing fuel standards for mobile sources of air contaminants, the district board of health, county board of health or board of county commissioners shall:

      1.  Determine the cost effectiveness of the proposed ordinance or regulation by comparing it with other methods of controlling pollution.

      2.  Determine whether the proposed ordinance or regulation is technologically feasible based on evidence presented to the district board of health, county board of health or board of county commissioners relating to the availability, effectiveness, reliability and safety of any proposed technology when it is used for its proposed use.

      3.  Conduct public meetings to consult with public and private entities that would be significantly affected by the proposed ordinance or regulation.


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

ê1997 Statutes of Nevada, Page 3230 (Chapter 650, SB 251)ê

 

      Sec. 2.  NRS 445B.210 is hereby amended to read as follows:

      445B.210  The commission may:

      1.  Subject to the provisions of NRS 445B.215, adopt regulations consistent with the general intent and purposes of NRS 445B.100 to 445B.640, inclusive, and section 1 of this act, to prevent, abate and control air pollution.

      2.  Establish standards for air quality.

      3.  Require access to records relating to emissions which cause or contribute to air pollution.

      4.  Cooperate with other governmental agencies, including other states and the Federal Government.

      5.  Establish such requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.

      6.  By regulation:

      (a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b); and

      (b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b),

based upon the commission’s determination of the extent to which such a substance presents a risk to the public health.

      7.  Hold hearings [for purposes of implementing] to carry out the provisions of NRS 445B.100 to 445B.640, inclusive, and section 1 of this act, except as otherwise provided in [such] those sections.

      8.  Establish fuel standards for both stationary and mobile sources of air contaminants. Fuel standards for mobile sources of air contaminants must be established to achieve air quality standards that protect the health of the residents of the State of Nevada.

      9.  Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air contaminants.

________

 

CHAPTER 651, SB 229

Senate Bill No. 229–Committee on Finance

CHAPTER 651

AN ACT relating to state financial administration; authorizing leases and installment contracts which extend in duration beyond the 1997-99 biennium for purchase of certain equipment by agencies of the executive department; 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.  1.  Notwithstanding the provisions of NRS 353.260, an agency of the executive department may enter into a contract for equipment, including, but not limited to, a lease or installment purchase agreement, which extends in duration beyond the 1997-99 biennium and thereby constitutes a debt of the State of Nevada except that the total amount of all portions of all such contracts which will not be paid during the 1997-99 biennium must not exceed $19,234,000.


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

ê1997 Statutes of Nevada, Page 3231 (Chapter 651, SB 229)ê

 

which extends in duration beyond the 1997-99 biennium and thereby constitutes a debt of the State of Nevada except that the total amount of all portions of all such contracts which will not be paid during the 1997-99 biennium must not exceed $19,234,000. Money for the payment of the debt incurred pursuant to this section will be provided for in the annual tax imposed for the payment of the obligations of the State of Nevada from the consolidated bond interest and redemption fund or by other legislative act. The provisions of NRS 349.238 to 349.248, inclusive, apply to payment of the debt. Interest on the debt must be paid at least semiannually and the principal must be paid within 20 years after the date of passage of this act.

      2.  Before entering into a contract pursuant to this section, an agency must submit, for approval, a copy of the contract to the chief of the budget division of the department of administration. The chief shall not withhold approval of the contract unless the amount of the contract would result in a total debt of the State of Nevada that exceeds $19,234,000.

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

________

 

CHAPTER 652, SB 319

Senate Bill No. 319–Senator Townsend

CHAPTER 652

AN ACT relating to mental health; authorizing the acceptance and use of certain donations, gifts and grants for programs that provide services to persons who are mentally ill or mentally retarded; requiring the mental hygiene and mental retardation division of the department of human resources to fill certain vacant positions; requiring the legislative commission to study the feasibility of an outpatient civil commitment law; making appropriations for certain programs, the purchase of vehicles and the renovation of certain facilities; 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 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon approval of the director of the department, the administrator may accept:

      (a) Donations of money and gifts of real or personal property; and

      (b) Grants of money from the Federal Government,

for use in public or private programs that provide services to persons in this state who are mentally ill or mentally retarded.

      2.  The administrator shall disburse any donations, gifts and grants received pursuant to this section to programs that provide services to persons who are mentally ill or mentally retarded in a manner that supports the plan to coordinate services created by the commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate services, the administrator shall make disbursements to programs that will maximize the benefit provided to persons who are mentally ill or mentally retarded in consideration of the nature and value of the donation, gift or grant.


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

ê1997 Statutes of Nevada, Page 3232 (Chapter 652, SB 319)ê

 

retarded in consideration of the nature and value of the donation, gift or grant.

      3.  Within limits of legislative appropriations or other available money, the administrator may enter into a contract for services related to the evaluation and recommendation of recipients for the disbursements required by this section.

      Sec. 2.  NRS 353.335 is hereby amended to read as follows:

      353.335  1.  Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.

      2.  If:

      (a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the governor shall take reasonable and proper action to accept it and shall report the action and his reasons for determining that immediate action was necessary to the interim finance committee at its first meeting after the action is taken. Action by the governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.

      (b) The governor determines that any proposed gift or grant would be forfeited if the state failed to accept it before the expiration of the period prescribed in paragraph (c), he may declare that the proposed acceptance requires expeditious action by the interim finance committee. Whenever the governor so declares, the interim finance committee has 15 days after the proposal is submitted to its secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.

      (c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the interim finance committee. The interim finance committee has 45 days after the proposal is submitted to its secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.

      3.  The secretary shall place each request submitted to him pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the interim finance committee.

      4.  In acting upon a proposed gift or grant, the interim finance committee shall consider, among other things:

      (a) The need for the facility or service to be provided or improved;

      (b) Any present or future commitment required of the state;

      (c) The extent of the program proposed; and

      (d) The condition of the national economy, and any related fiscal or monetary policies.

      5.  A state agency may accept:

      (a) Gifts, including grants from nongovernmental sources, not exceeding $10,000 each in value; and

      (b) Governmental grants not exceeding $50,000 each in value, if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.


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

ê1997 Statutes of Nevada, Page 3233 (Chapter 652, SB 319)ê

 

if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the governor or, if the governor delegates this power of approval to the chief of the budget division of the department of administration, the specific approval of the chief.

      6.  This section does not apply to:

      (a) The state industrial insurance system;

      (b) The University and Community College System of Nevada; or

      (c) The department of human resources while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 [.] or for donations, gifts or grants to be disbursed pursuant to section 1 of this act.

      Secs. 3-5.  (Deleted by amendment.)

      Secs. 6 and 7.  (Deleted by amendment.)

      Sec. 8.  1.  There is hereby appropriated from the state general fund to the state public works board the sum of $140,000 for the renovation of building 7 at the Nevada mental health institute for a crisis unit that will provide emergency psychiatric services. This appropriation must be reduced by the amount of any other appropriation made for the same purpose by the 69th session of the Nevada legislature.

      2.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources for the operation of facilities to be located in Clark and Washoe counties, including at least 8 beds in the facility located in Washoe County by October 1, 1997, and at least 16 beds in facilities located in Clark County by October 1, 1998, for persons in need of transitional housing:

For the fiscal year 1997-1998................................................................          $236,227

For the fiscal year 1998-1999................................................................          $471,372

This appropriation must be reduced by the amount of any other appropriation made for the same purpose by the 69th session of the Nevada legislature.

      3.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources for the establishment of a program for assertive community treatment (PACT) in Washoe County to provide comprehensive, integrated and continuing mental health care and services to persons with long-term serious mental illness, in their own natural environment:

For the fiscal year 1998-1999................................................................          $420,932

This appropriation must be reduced by the amount of any other appropriation made for the same purpose by the 69th session of the Nevada legislature.

      Sec. 9.  Any balance of the appropriations made by subsections 2 and 3 of section 8 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed for the fiscal year have been made.

      Sec. 10.  Any remaining balance of the appropriation made by subsection 1 of section 8 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1997 Statutes of Nevada, Page 3234 (Chapter 652, SB 319)ê

 

after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 10.5.  1.  There is hereby appropriated from the state general fund to the motor pool division of the department of administration the sum of $73,932 for the purchase of additional vehicles for use by the mental hygiene and mental retardation division of the department of human resources.

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

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

________

 

CHAPTER 653, SB 219

Senate Bill No. 219–Committee on Finance

CHAPTER 653

AN ACT relating to industrial insurance; revising the provisions governing appeals officers appointed to conduct hearings in contested cases involving industrial insurance benefits for injuries or death; 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 616C.340 is hereby amended to read as follows:

      616C.340  1.  The governor shall appoint one or more appeals officers to conduct hearings in contested claims for compensation pursuant to NRS 616C.360. Each appeals officer shall hold office for 2 years from the date of his appointment and until his successor is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the state.

      2.  Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this state for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law.

      3.  If an appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing the case . [and the]

      4.  The governor may appoint [a] one or more special appeals [officer who is] officers to conduct hearings in contested claims for compensation pursuant to NRS 616C.360. The governor shall not appoint an attorney who represents persons in actions related to claims for compensation to serve as a special appeals officer.

      5.  A special appeals officer appointed pursuant to subsection 4 is vested with the same powers as [the] a regular appeals officer . [would possess. The] A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to him by the senior appeals officer to assist with a backlog of cases.


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

ê1997 Statutes of Nevada, Page 3235 (Chapter 653, SB 219)ê

 

officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, [based upon the appeals officer’s salary.

      4.] as determined by the department of administration.

      6.  The decision of an appeals officer is the final and binding administrative determination of a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon.

      Sec. 2.  NRS 616C.345 is hereby amended to read as follows:

      616C.345  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

      2.  If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:

      (a) A final decision was rendered pursuant to that procedure; or

      (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

any party to the dispute may file a notice of appeal within 70 days after the date on which the final decision was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written decision within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

      3.  Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a decision rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

      4.  Except as otherwise provided in this subsection, the appeals officer shall, within 10 days after receiving a notice of appeal pursuant to this section or a contested claim pursuant to subsection 5 of NRS 616C.315, schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice and give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. A request to schedule the hearing for a date and time which is:

      (a) Within 60 days after the receipt of the notice of appeal or contested claim; or

      (b) More than 90 days after the receipt of the notice or claim,

may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

      5.  An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.


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

ê1997 Statutes of Nevada, Page 3236 (Chapter 653, SB 219)ê

 

      6.  Failure to file a notice of appeal within the period specified in subsection 1 or 2 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the decision and the forms necessary to appeal the decision. The claimant, employer or insurer shall notify the hearing officer of a change of address.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 654, SB 6

Senate Bill No. 6–Committee on Judiciary

CHAPTER 654

AN ACT relating to criminal procedure; requiring the court to provide certain information to victims of and witnesses to sexual or violent offenses; requiring the prosecuting attorney to provide certain information to victims of sexual or violent offenses committed by juveniles; providing that certain information pertaining to notification of victim and witnesses is confidential; 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 176.015 is hereby amended to read as follows:

      176.015  1.  Sentence must be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.

      2.  Before imposing sentence the court shall:

      (a) Afford counsel an opportunity to speak on behalf of the defendant; and

      (b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.

      3.  Before imposing sentence the court shall afford the victim an opportunity to:

      (a) Appear personally, by counsel or by personal representative; and

      (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.

      4.  The prosecutor shall give reasonable notice of the hearing to impose sentence to:

      (a) The person against whom the crime was committed;

      (b) A person who was injured as a direct result of the commission of the crime;

      (c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and

      (d) Any other relative or victim who requests in writing to be notified of the hearing.

Any defect in notice or failure of such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus. All personal information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.


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ê1997 Statutes of Nevada, Page 3237 (Chapter 654, SB 6)ê

 

information, including, but not limited to, a current or former address, which pertains to a victim or relative and which is received by the prosecutor pursuant to this subsection is confidential.

      5.  For the purposes of this section:

      (a) “Relative” of a person includes:

             (1) A spouse, parent, grandparent or stepparent;

             (2) A natural born child, stepchild or adopted child;

             (3) A grandchild, brother, sister, half brother or half sister; or

             (4) A parent of a spouse.

      (b) “Victim” includes:

             (1) A person, including a governmental entity, against whom a crime has been committed;

             (2) A person who has been injured or killed as a direct result of the commission of a crime; and

             (3) A relative of a person described in subparagraph (1) or (2).

      6.  This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.

      Sec. 2.  NRS 176.221 is hereby amended to read as follows:

      176.221  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and the recommendation, if any, of the chief parole and probation officer. Upon determining that the probationer has violated a condition of his probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning him to the court for violation of his probation. The court may:

      1.  Continue or revoke the probation or suspension of sentence;

      2.  Order the probationer to a term of residential confinement pursuant to NRS 176.2231;

      3.  Order the probationer to undergo a program of regimental discipline pursuant to NRS 176.2248;

      4.  Cause the sentence imposed to be executed; or

      5.  Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the chief parole and probation officer recommends that the sentence of a probationer be modified and the modified sentence be executed, he shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided his current address to the division. The notice must inform the victim that he has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of his probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the chief parole and probation officer has complied with the provisions of this subsection.


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ê1997 Statutes of Nevada, Page 3238 (Chapter 654, SB 6)ê

 

and probation officer has complied with the provisions of this subsection. The chief parole and probation officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division pursuant to this subsection is confidential.

      Sec. 3.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      All personal information, including, but not limited to, a current or former address, which pertains to a victim, relative, witness or other person and which is received pursuant to the provisions of NRS 178.569 to 178.5698, inclusive, is confidential.

      Sec. 4.  NRS 178.569 is hereby amended to read as follows:

      178.569  As used in NRS [178.5692] 178.569 to 178.5698, inclusive, [“victim of a crime” or “victim” includes a relative of any person:

      1.] and section 3 of this act, unless the context otherwise requires:

      1.  “Relative” has the meaning ascribed to it in NRS 217.060.

      2.  “Victim of a crime” or “victim” includes a relative of a person:

      (a) Against whom a crime has been committed; or

      [2.] (b) Who has been injured or killed as a direct result of the commission of a crime.

[For the purpose of this section, “relative” has the meaning ascribed to it in NRS 217.060.]

      Sec. 5.  NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the written request of a victim or witness, inform him:

      (a) When the defendant is released from custody at any time before or during the trial;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which he was directly involved.

      2.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 4;

             (2) The form that the witness must use to request notification; and

             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 3, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 4 or 5, NRS 176.015, 176.221, 209.392, 209.521, 213.010, 213.040, 213.095 and 213.130;

             (2) The forms that the person must use to request notification; and

             (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.


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ê1997 Statutes of Nevada, Page 3239 (Chapter 654, SB 6)ê

 

      3.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 2:

      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      4.  Except as otherwise provided in subsection [3,] 5, if the [crime] offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison.

      [3.] 5.  If the offender was convicted of a violation of [paragraph (c) of subsection 2] subsection 3 of NRS 200.366 or a violation of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides his current address; and

      (c) The victim, if he will be 18 years of age or older at the time of the release and has provided his current address,

before the offender is released from prison.

      [4.] 6.  The warden must not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to this section if no address was provided to him or if the address provided is inaccurate or not current.

      [5.] 7.  As used in this section [, “immediate] :

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

             (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

             (4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

             (5) Incest pursuant to NRS 201.180;

             (6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

             (7) Open or gross lewdness pursuant to NRS 201.210;

             (8) Indecent or obscene exposure pursuant to NRS 201.220;

             (9) Lewdness with a child pursuant to NRS 201.230;

             (10) Sexual penetration of a dead human body pursuant to NRS 201.450;


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ê1997 Statutes of Nevada, Page 3240 (Chapter 654, SB 6)ê

 

             (11) Annoyance or molestation of a minor pursuant to NRS 207.260;

             (12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

             (13) An attempt to commit an offense listed in this paragraph.

      Sec. 6.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a petition filed pursuant to the provisions of this chapter contains allegations that a child committed an act which would be a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the prosecuting attorney shall provide to the victim and a parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes:

      (a) A form advising the victim and the parent or guardian of their rights pursuant to the provisions of this chapter; and

      (b) The form or procedure that must be used to request disclosure pursuant to subsection 12 of NRS 62.193.

      2.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (c) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (d) Open or gross lewdness pursuant to NRS 201.210;

      (e) Indecent or obscene exposure pursuant to NRS 201.220;

      (f) Lewdness with a child pursuant to NRS 201.230;

      (g) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (h) Annoyance or molestation of a minor pursuant to NRS 207.260; or

      (i) An attempt to commit an offense listed in this subsection.

      Sec. 7.  NRS 62.193 is hereby amended to read as follows:

      62.193  1.  Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. All proceedings pursuant to this chapter must be open to the general public unless the judge, or in case of a reference, the referee, upon his own motion or upon the motion of another person, determines that all or part of the proceedings must be closed to the general public because such closure is in the best interests of the child or the general public. If the judge or referee determines that all or part of the proceedings must be closed to the general public, the general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge or referee. The judge or referee in his sole discretion may determine that a victim or any member of a victim’s family is a person having a direct interest in the case who may be admitted to the proceedings.

      2.  The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer.


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ê1997 Statutes of Nevada, Page 3241 (Chapter 654, SB 6)ê

 

with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employer’s copy of the notice must set forth the date and time of the hearing and the provisions of NRS 62.410. The employer’s copy of the notice must not set forth the name of the child or the offense alleged.

      3.  The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.

      4.  If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss

the petition and order the child discharged from any detention or temporary care previously ordered in the proceedings, unless otherwise ordered by the court.

      5.  If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection and except as otherwise provided in NRS 62.214, proceed immediately to make a proper disposition of the case.

      6.  The court may, at the request of the district attorney, expedite the date for any adjudicatory hearing involving acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age. In making a ruling, the court may consider the effect a delay in the commencement of the hearing might have on the mental or emotional health or well-being of the child.

      7.  In adjudicatory hearings all competent, material and relevant evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.

      8.  On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. If the hearing involves acts committed against a child less than 16 years of age or involving acts witnessed by a child less than 16 years of age, the court may consider any adverse effect a continuance or other postponement might have upon the mental or emotional health or well-being of the child. The court may deny a continuance or other postponement if the delay will adversely affect the mental or emotional health or well-being of the child. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of any continuance.

      9.  If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.


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ê1997 Statutes of Nevada, Page 3242 (Chapter 654, SB 6)ê

 

mentally retarded, the court may proceed immediately, or at a postponed hearing, to make proper disposition of the case.

      10.  Except as otherwise provided in subsection 11, the court shall make its final disposition of a case no later than 60 days after the petition was filed.

      11.  The court may extend the time for final disposition of a case by filing an order setting forth specific reasons for the extension:

      (a) No later than 60 days after the petition was filed; or

      (b) Later than 60 days after the petition was filed, if the court finds that the extension would serve the interests of justice. In deciding whether an extension would serve the interests of justice, the court shall consider:

             (1) The gravity of the act alleged in the case;

             (2) The reasons for any delay in the disposition of the case; and

             (3) The potential consequences to the child, victim and public of not extending the time for final disposition of the case.

An extension of time for final disposition of a case granted pursuant to this subsection must not exceed 1 year from the date of filing the petition.

      12.  The prosecuting attorney shall disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act if the victim, or a parent or guardian of the victim, requests such a disclosure. All personal information, including, but not limited to, a current or former address, which pertains to a victim or a parent or guardian of a victim and which is received by the prosecuting attorney pursuant to this subsection is confidential.

      Sec. 8.  NRS 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in NRS 209.429, the director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the director pursuant to subsection 3 and who has:

      (a) Established a position of employment in the community;

      (b) Enrolled in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime,

assign the offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the director shall notify the division of parole and probation. If any victim of a crime committed by the offender has, pursuant to subsection 3 of NRS 213.130, requested to be notified of an application for parole and provided a current address, the division of parole and probation shall notify the victim of the offender’s request and advise the victim that he may submit documents regarding the request to the division of parole and probation. If a current address has not been provided as required by subsection 3 of NRS 213.130, the division of parole and probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.


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ê1997 Statutes of Nevada, Page 3243 (Chapter 654, SB 6)ê

 

current or former address, which pertains to a victim and which is received by the division of parole and probation pursuant to this subsection is confidential.

      3.  The director, after consulting with the division of parole and probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the director must provide that an offender who:

      (a) Is not eligible for parole or release from prison within a reasonable period;

      (b) Has recently committed a serious infraction of the rules of an institution or facility of the department;

      (c) Has not performed the duties assigned to him in a faithful and orderly manner;

      (d) Has ever been convicted of:

             (1) Any crime involving the use or threatened use of force or violence against the victim; or

             (2) A sexual offense;

      (e) Has more than one prior conviction for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;

      (f) Has escaped or attempted to escape from any jail or correctional institution for adults; or

      (g) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,

is not eligible for assignment to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement pursuant to this section.

      4.  If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:

      (a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.

      (b) The offender forfeits all or part of the credits for good behavior earned by him before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:

      (a) A continuation of his imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,

except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.


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ê1997 Statutes of Nevada, Page 3244 (Chapter 654, SB 6)ê

 

      6.  A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 9.  NRS 209.521 is hereby amended to read as follows:

      209.521  1.  If a victim of an offender provides his current address to the director and makes a written request for notification of the offender’s release or escape, the director shall notify the victim if the offender:

      (a) Will be released into the community for the purpose of employment, training or education, or for any other purpose for which release is authorized; or

      (b) Has escaped from the custody of the department of prisons.

      2.  An offender must not be temporarily released into the community for any purpose unless notification of the release has been given to every victim of the offender who has requested notification and has provided his current address.

      3.  The director may not be held responsible for any injury proximately caused by his failure to give any notice required pursuant to subsection 1 or 2 if no address was provided to the director or the address provided is inaccurate or not current.

      4.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the director pursuant to this section is confidential.

      5.  As used in this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 10.  NRS 213.010 is hereby amended to read as follows:

      213.010  1.  The state board of pardons commissioners consists of the governor, the justices of the supreme court and the attorney general.

      2.  Meetings of the board for the purpose of considering applications for clemency may be held semiannually or oftener, on such dates as may be fixed by the board.

      3.  The board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the board at any time before the meeting. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this subsection is confidential.

      Sec. 11.  NRS 213.040 is hereby amended to read as follows:

      213.040  All district attorneys receiving notice of an application for a pardon, or commutation of punishment, or remission of fine or forfeiture, shall transmit forthwith to:


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ê1997 Statutes of Nevada, Page 3245 (Chapter 654, SB 6)ê

 

      1.  The board a statement in writing of facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of the application.

      2.  Each victim of the person applying for clemency a copy of the notice of the application, if the victim so requests in writing and provides his current address. If a current address is not provided, the district attorney may not be held responsible if a copy of the notice is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the district attorney pursuant to this subsection is confidential.

      Sec. 12.  NRS 213.095 is hereby amended to read as follows:

      213.095  If the board remits a fine or forfeiture, commutes a sentence or grants a pardon, it shall give written notice of its action to the victim of the person granted clemency, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.

      Sec. 13.  NRS 213.130 is hereby amended to read as follows:

      213.130  1.  A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. The application must be made on a form prescribed by the board and must contain:

      (a) The county in which the prisoner will reside, if the prisoner will be paroled in Nevada; and

      (b) Other data that will assist the board in determining whether parole should be granted.

The secretary of the board shall furnish any prisoner an application form upon request.

      2.  Meetings for the purpose of considering applications for parole may be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.

      3.  Not later than 5 days after the date on which the board fixes the date of the meeting to consider the application of a prisoner for parole, the board shall notify the victim of the prisoner whose application is being considered of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the board. The victim of any person applying for parole may submit documents to the board and may testify at the meeting held to consider the application. An application for parole must not be considered until the board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the board, the board must not be held responsible if such notification is not received by the victim.

      4.  The board may deliberate in private after a public meeting held to consider an application for parole.


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ê1997 Statutes of Nevada, Page 3246 (Chapter 654, SB 6)ê

 

      5.  The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.

      6.  If a victim is notified of a meeting to consider an application for parole pursuant to subsection 3, the board shall, upon making a final decision concerning the application, notify the victim of its final decision.

      7.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the board pursuant to this section is confidential.

      8.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 14.  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 655, SB 497

Senate Bill No. 497–Committee on Finance

CHAPTER 655

AN ACT relating to governmental entities; creating the advisory council for prosecuting attorneys and prescribing its powers and duties; authorizing the planning commission of a city, county or region to include in its master plan a provision concerning the acquisition and use of certain land under federal management; requiring the state land use planning agency to cooperate with appropriate federal agencies in developing certain plans or statements of policy; and to prepare and submit a written report to the legislature; repealing the provision that requires the approval of the governor before certain plans or statements of policy of the state land use planning agency are put into effect; providing for the establishment of a program under the administration of the state librarian to provide grants of money to public libraries; requiring the department of human resources to conduct a study of the effectiveness of a system for semiautomated screening of certain medical tests; making various appropriations; 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.  Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Council” means the advisory council for prosecuting attorneys.

      Sec. 4.  “Prosecutor” means:

      1.  The attorney general;

      2.  The district attorney of a county;

      3.  The city attorney of an incorporated city; or


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ê1997 Statutes of Nevada, Page 3247 (Chapter 655, SB 497)ê

 

      4.  Any deputy attorney or other attorney or person employed by the attorney general or a district attorney or city attorney.

      Sec. 5.  1.  The advisory council for prosecuting attorneys, consisting of seven members, is hereby created. The council consists of:

      (a) The attorney general who serves as an ex officio member of the council;

      (b) Three members who are district attorneys appointed by the governing body of the Nevada District Attorneys Association;

      (c) Two members who are city attorneys of incorporated cities appointed by the governing body of the Nevada League of Cities; and

      (d) One member who is employed as a peace officer by a law enforcement agency in this state appointed by the governor.

If the Nevada District Attorneys Association or Nevada League of Cities ceases to exist, the appointment required by this subsection must be made by its successor organization or, if there is no successor organization, by the governor.

      2.  The members of the council shall elect a chairman and vice chairman by a majority vote. After the initial election, the chairman and vice chairman shall hold office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the chairmanship, the members of the council shall elect a chairman from among its members for the remainder of the unexpired term.

      3.  After the initial terms, each member of the council who is appointed serves for a term of 4 years unless a member vacates the public office which qualified him for appointment to the council. A member of the council who vacates his public office continues to serve on the council until his replacement on the council is appointed. A member may be reappointed.

      4.  A vacancy on the council must be filled in the same manner as the original appointment.

      5.  Each member of the council:

      (a) Serves without compensation; and

      (b) While engaged in the business of the council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Each member of the council who is an officer or employee of the state or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the council and perform any work necessary to carry out the duties of the council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the council to make up the time he is absent from work to carry out his duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

      Sec. 6.  1.  The members of the council shall meet at least quarterly and at the times and places specified by a call of the chairman or a majority of the members of the council.

      2.  Except as otherwise provided in subsection 3, a member of the council may designate in writing a person to represent him at a meeting of the council.


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ê1997 Statutes of Nevada, Page 3248 (Chapter 655, SB 497)ê

 

the council. A representative designated pursuant to this subsection who attends the meeting of the council for which he is designated:

      (a) Shall be deemed to be a member of the council for the purpose of determining a quorum at the meeting; and

      (b) May vote on any matter which is voted on by the regular members of the committee at the meeting.

      3.  The attorney general may designate a representative to serve in his place on the council or to attend a meeting of the council in his place.

      4.  Four members of the council constitute a quorum, and a quorum may exercise all the power and authority conferred on the council.

      5.  Notwithstanding any other provision of law, county ordinance or city charter, a member of the council:

      (a) Is not disqualified from holding a public office or from public employment; and

      (b) Does not forfeit any such public office or employment,

because of his membership on the council.

      Sec. 7.  1.  Upon the approval of all its members, the council shall appoint an executive director. The executive director is in the unclassified service of the state and serves at the pleasure of the council. The executive director must be:

      (a) An attorney licensed to practice law in this state; and

      (b) Appointed on the basis of:

             (1) His professional ability and experience in conducting or supervising criminal and civil prosecutions in this state; and

             (2) His understanding of criminal law, evidence and the rules and procedures of the courts of this state.

      2.  The executive director shall:

      (a) Carry out the policies of and duties assigned to him by the council;

      (b) Prepare and administer the budget of the council; and

      (c) Act as the nonvoting recording secretary for the council.

      Sec. 8.  The council shall:

      1.  Develop and carry out a program for training and assisting prosecutors in conducting criminal and civil prosecutions in this state;

      2.  Coordinate the development of policies for conducting criminal and civil prosecutions in this state;

      3.  Coordinate the development of proposed legislation for submission to the legislature; and

      4.  Authorize the payment of expenses incurred in carrying out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 9.  1.  The council may apply for any available grants and accept any gifts, grants, appropriations or donations to assist the council in carrying out its duties pursuant to the provisions of sections 2 to 10, inclusive, of this act.

      2.  Any money received by the council must be deposited in the account for the advisory council for prosecuting attorneys created pursuant to section 10 of this act.

      Sec. 10.  1.  The account for the advisory council for prosecuting attorneys is hereby created in the state general fund. The council shall administer the account.


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ê1997 Statutes of Nevada, Page 3249 (Chapter 655, SB 497)ê

 

      2.  The money in the account must only be used only to carry out the provisions of sections 2 to 10, inclusive, of this act, and pay the expenses incurred by the council in the discharge of its duties, including:

      (a) The payment of expenses for the preparation of motions and briefs and for clerical or legal assistance that is provided to a prosecutor for a criminal or civil prosecution in this state; and

      (b) Reimbursement for any extraordinary or unanticipated expenses incurred by a prosecutor as a result of conducting a criminal or civil prosecution in this state, including any expenses related to the appointment of a special prosecutor for that prosecution.

      3.  All claims against the account must be paid as other claims against the state are paid.

      4.  The money in the account remains in the account and does not revert to the state general fund at the end of any fiscal year.

      Sec. 11.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing plan. The housing plan must include, but is not limited to:

             (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing.

             (2) An inventory of affordable housing in the community.

             (3) An analysis of the demographic characteristics of the community.

             (4) A determination of the present and prospective need for affordable housing in the community.


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ê1997 Statutes of Nevada, Page 3250 (Chapter 655, SB 497)ê

 

             (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

             (6) An analysis of the characteristics of the land that is the most appropriate for the construction of affordable housing.

             (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

             (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community.

      (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan may include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to NRS 278.145.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from [such] those hazards.

      (l) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (m) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

      (n) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

      (o) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.


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ê1997 Statutes of Nevada, Page 3251 (Chapter 655, SB 497)ê

 

      (p) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

      Sec. 12.  NRS 321.7355 is hereby amended to read as follows:

      321.7355  1.  The state land use planning agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the state, plans or [policy] statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.

      2.  The state land use planning agency shall, in preparing the plans and statements of policy , [statements,] identify lands which are suitable for acquisition for:

      (a) Commercial, industrial or residential development;

      (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

      (c) Accommodating increases in the population of this state.

The plans or [policy] statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

      3.  The state land use planning agency shall [encourage] :

      (a) Encourage public comment upon the various matters treated in a proposed plan or [policy] statement of policy throughout its preparation and [shall submit] incorporate such comments into the proposed plan or statement of policy as are appropriate;

      (b) Submit its work on a plan or statement of policy periodically for review and comment by the land use planning advisory council, the advisory board on natural resources and any committees of the legislature or subcommittees of the legislative commission that deal with matters concerning the public lands [.] ;

      (c) On or before February 1 of each odd-numbered year, prepare and submit a written report to the legislature concerning any activities engaged in by the agency pursuant to the provisions of this section during the immediately preceding biennium, including, without limitation:

             (1) The progress and any results of its work; or

             (2) Any plans or statements of policy prepared pursuant to this section; and

      (d) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.

      4.  Whenever the state land use planning agency prepares plans or statements of policy [statements] pursuant to subsection 1 and submits those plans or policy statements to the governor, legislature or an agency of the Federal Government, the state land use planning agency shall include with each plan or statement of policy [statement] the comments and recommendations of:

 


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ê1997 Statutes of Nevada, Page 3252 (Chapter 655, SB 497)ê

 

Federal Government, the state land use planning agency shall include with each plan or statement of policy [statement] the comments and recommendations of:

      (a) The land use planning advisory council;

      (b) The advisory board on natural resources; and

      (c) Any committees of the legislature or subcommittees of the legislative commission that deal with matters concerning the public lands.

      5.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it [, and by the governor,] before it is put into effect.

      Sec. 13.  Chapter 378 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state librarian shall establish a program to provide grants of money to the public libraries of this state for the purchase or acquisition of books, library materials and computer data bases. The money must be provided by legislative appropriation, accounted for separately and administered by the state librarian.

      2.  The state librarian shall, within the limits of legislative appropriation, provide such grants based on the following:

      (a) If the requesting library has a budget for materials which is $10,000 or less, the requesting library is eligible to receive a base grant of $1,000, plus a matching grant in an amount that is not more than 75 percent of its budget for materials.

      (b) If the requesting library has a budget for materials which is more than $10,000 but less than $75,000, the requesting library is eligible to receive a base grant of $5,000, plus a matching grant in an amount that is not more than 50 percent of its budget for materials.

      (c) If the requesting library has a budget for materials which is more than $75,000 but less than $150,000, the requesting library is eligible to receive a base grant of $10,000, plus a matching grant in an amount that is not more than 33 1/3 percent of its budget for materials.

      (d) If the requesting library has a budget for materials which is more than $150,000 but less than $500,000, the requesting library is eligible to receive a base grant of $15,000, plus a matching grant in an amount that is not more than 25 percent of its budget for materials.

      (e) If the requesting library has a budget for materials which is more than $500,000, the requesting library is eligible to receive a base grant of $25,000, plus a matching grant in the first year it receives a grant pursuant to this paragraph in an amount that is not more than 10 percent of its budget for materials. The amount of the matching grant provided in any year may be increased by 10 percent in each succeeding year, except that in no event may the matching grant provided in any year exceed 25 percent of the library’s budget for materials in that year.

      3.  The state librarian shall adopt such regulations as are necessary to:

      (a) Establish a procedure pursuant to which a public library may apply to receive a grant pursuant to this section;

      (b) Determine the eligibility of a public library to receive such a grant; and


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ê1997 Statutes of Nevada, Page 3253 (Chapter 655, SB 497)ê

 

      (c) Determine the exact amount of a grant to be awarded to a public library.

      4.  Money granted pursuant to this section must not supplant or cause to be reduced any other source of funding for a public library and must be used exclusively by the public library to purchase or acquire books, library materials and computer data bases.

      5.  For the purposes of this section, “public library” does not include a library operated within the University and Community College System of Nevada.

      Sec. 14.  1.  There is hereby appropriated from the state general fund to the state land use planning agency for the preparation of plans or statements of policy pursuant to NRS 321.7355:

For the fiscal year 1997-1998........................................................................... $68,497

For the fiscal year 1998-1999........................................................................... $62,118

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 15.  1.  There is hereby appropriated from the state general fund to the department of education for vocational student organizations:

For the fiscal year 1997-1998......................................................................... $100,000

For the fiscal year 1998-1999......................................................................... $100,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 16.  1.  There is hereby appropriated from the state general fund to Lincoln County the sum of $240,000 for the purchase of equipment for the operation of solid waste transfer stations within that county.

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

      Sec. 17.  1.  There is hereby appropriated from the state general fund to the City of Caliente the sum of $150,000 for the purchase of equipment for the operation of solid waste transfer stations within that city.

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

      Sec. 18.  1.  There is hereby appropriated from the state general fund to the City of Elko the sum of $190,000 for the relocation and restoration of the Valentine Walther Ranch House and Stage Coach Stop.

      2.  The City of Elko may expend the money appropriated in subsection 1 only if matching money in cash or in kind is provided by the Elko Chamber of Commerce.

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


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ê1997 Statutes of Nevada, Page 3254 (Chapter 655, SB 497)ê

 

the state general fund as soon as all payments of money committed have been made.

      Sec. 19.  1.  There is hereby appropriated from the state general fund to the Carson City Fire Department the sum of $660,000 for the enhancement of the Northern Nevada Regional Fire Training Facility.

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

      Sec. 20.  1.  There is hereby appropriated from the state general fund to the interim finance committee for distribution to Douglas County the sum of $710,000 for the construction of a gymnasium/multi-purpose room at the China Spring Youth Camp.

      2.  The interim finance committee shall distribute to Douglas County an amount equal to the actual cost for the work performed up to the amount appropriated pursuant to subsection 1 after it receives a report from Douglas County of the work performed and the actual cost for that work.

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

      Sec. 21.  There is hereby appropriated from the state general fund to the Life Line Pregnancy Assistance and Vocational Training Center the sum of $200,000 for the continuation of its nonprofit pregnancy assistance, educational and vocational training center.

      Sec. 22.  1.  There is hereby appropriated from the state general fund to the Elko County Juvenile Probation Department the sum of $532,574 for the completion of the Northeastern Nevada Juvenile Center in Elko County.

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

      Sec. 23.  1.  There is hereby appropriated from the state general fund to the National Judicial College the sum of $120,000 for the establishment of a Death Penalty Resource Center to provide education and training for judges, prosecutors and defense attorneys regarding the laws of capital punishment.

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

      Sec. 24.  1.  There is hereby appropriated from the state general fund to Esmeralda County the sum of $25,000 for the restoration of the historic Goldfield Parsonage.

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


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ê1997 Statutes of Nevada, Page 3255 (Chapter 655, SB 497)ê

 

      Sec. 25.  1.  There is hereby appropriated from the state general fund to the division of state library and archives of the department of museums, library and arts the sum of $2,400,000 to carry out the provisions of section 13 of this act.

      2.  Any unencumbered balance of the money appropriated by this section remaining on June 30, 1999, must be carried forward and does not revert to the state general fund.

      Sec. 26.  1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $98,000 for the establishment of a program for metal casting within the University and Community College System of Nevada.

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

      Sec. 27.  1.  There is hereby appropriated from the state general fund to the National Judicial College the sum of $4,000,000 for the expansion of the building that houses the National Judicial College on the campus of the University of Nevada, Reno.

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

      Sec. 28.  1.  There is hereby appropriated to the University and Community College System of Nevada for the establishment of a dental clinic and dental residency program affiliated with the Community College of Southern Nevada, in cooperation with the University of Nevada School of Medicine:

For the fiscal year 1997-1998......................................................................... $162,350

For the fiscal year 1998-1999......................................................................... $544,200

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 29.  The department of human resources shall:

      1.  Conduct a study to determine the effectiveness of using a semiautomated computer screening system for the examination of Pap smears to screen for cervical cancer. The study must include the rescreening, through the use of such a screening system, of Pap smears obtained from women in this state who have been determined to have high-grade squamous cell abnormalities or whose deaths or hysterectomies were related to cervical cancer.

      2.  Report the results of the study and any recommended legislation to the 70th session of the Nevada legislature.

      Sec. 30.  1.  There is hereby appropriated from the state general fund to the department of human resources the sum of $75,000 to conduct the study required by section 29 of this act.

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


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ê1997 Statutes of Nevada, Page 3256 (Chapter 655, SB 497)ê

 

the state general fund as soon as all payments of money committed have been made.

      3.  If the appropriation made by subsection 1 is insufficient to carry out the requirements of section 29 of this act, the department of human resources may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

      Sec. 31.  1.  There is hereby appropriated from the state general fund to the department of museums, library and arts the sum of $135,000 for an additional position and necessary travel expenses for the Nevada Humanities Committee in southern Nevada.

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

      Sec. 32.  1.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources to provide financial assistance to the adoptive parents of children with special needs which are not discovered until after the adoption:

For the fiscal year 1997-1998 .......................................................................... $27,002

For the fiscal year 1998-1999 .......................................................................... $74,256

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 33.  As soon as practicable after October 1, 1997, the members of the advisory council for prosecuting attorneys created pursuant to section 5 of this act who are appointed, must be appointed to initial terms as follows:

      1.  One member who is appointed by the governing body of the Nevada District Attorneys Association and the member who is appointed by the governor, to terms that expire on July 1, 1999;

      2.  One member who is appointed by the governing body of the Nevada District Attorneys Association and one member who is appointed by the governing body of the Nevada League of Cities, to terms that expire on July 1, 2000; and

      3.  One member who is appointed by the governing body of the Nevada District Attorneys Association and one member who is appointed by the governing body of the Nevada League of Cities, to terms that expire on July 1, 2001.

      Sec. 34.  There is hereby appropriated from the state general fund to the account for the advisory council for prosecuting attorneys created pursuant to section 10 of this act, the sum of $200,000 to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 35.  1.  There is hereby appropriated from the state general fund to the office of historic preservation of the department of museums, library and arts the sum of $50,000 for the census computerization project.

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


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ê1997 Statutes of Nevada, Page 3257 (Chapter 655, SB 497)ê

 

      Sec. 36.  1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $400,000 for the construction of a bridge exit and other improvements at the Desert Research Institute on Flamingo Road in Las Vegas.

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

      Sec. 37.  1.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $225,000 to be transferred to Clark County for the purpose of planning for the usage of bonds funds available pursuant to the park bonds approved by the voters of this state as Question No. 5 and athletic fields in the urban area of Clark County.

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

      Sec. 38.  1.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources the sum of $800,000 for improvements at Morman Fort State Park.

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

      Sec. 39.  1.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada the sum of $500,000 for improvements in athletic facilities for ADA compliance.

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

      Sec. 40.  There is hereby appropriated from the state general fund to the trust fund for the education of dependent children, created by NRS 396.545, the sum of $33,308.

      Sec. 41.  1.  This section and sections 13 to 24, inclusive, 26 to 31, inclusive, and 36 to 40, inclusive, of this act become effective on June 30, 1997.

      2.  Sections 25 and 32 of this act become effective on July 1, 1997.

      3.  Sections 1 to 12, inclusive, 33, 34 and 35 of this act become effective on October 1, 1997.

      4.  The appropriations made by sections 14, 15, 28 and 32 of this act for fiscal year 1998-1999 must not be made available for expenditure until July 1, 1998.

________

 


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ê1997 Statutes of Nevada, Page 3258ê

 

CHAPTER 656, SB 361

Senate Bill No. 361–Senator Regan

CHAPTER 656

AN ACT relating to emergency management; establishing a state disaster identification team; providing the powers and duties of the state disaster identification team; authorizing the release of certain information and records to the state disaster identification team; making an appropriation; 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 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  A state disaster identification team is hereby established within the division of emergency management of the department of motor vehicles and public safety. The chief:

      1.  Shall assign persons with expertise in various fields to the state disaster identification team; and

      2.  May activate such persons during a state of emergency proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team.

      Sec. 3.  The department of motor vehicles and public safety shall adopt regulations to govern the state disaster identification team. The regulations must include, without limitation:

      1.  Guidelines for the chief to:

      (a) Assign persons to positions on the state disaster identification team; and

      (b) Determine which members of the state disaster identification team may be activated during a state of emergency.

      2.  Provisions governing the organization, administration and operation of the state disaster identification team.

      3.  The compensation, if any, to be paid by the department to a member of the state disaster identification team who is activated during a state of emergency.

      Sec. 4.  The state disaster identification team shall:

      1.  Provide technical assistance and personnel to local authorities to recover, identify and process deceased victims during a state of emergency.

      2.  Within 2 hours after the notification of a state of emergency, begin to identify and report to the chief the need for medical and health services to:

      (a) Establish temporary facilities to be used as a morgue.

      (b) Identify deceased victims by using, without limitation, latent fingerprints and the forensic methods of dentistry, pathology and anthropology.

      (c) Process and dispose of the remains of deceased victims.

      Sec. 5.  The state disaster identification team may, during a state of emergency, have access to:

      1.  The information that is contained in the central repository for Nevada records of criminal history pursuant to NRS 179A.075.


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ê1997 Statutes of Nevada, Page 3259 (Chapter 656, SB 361)ê

 

      2.  The records of criminal history maintained by an agency of criminal justice pursuant to NRS 179A.100.

      3.  The records of missing children maintained by the attorney general pursuant to NRS 432.170.

      4.  The records and information concerning missing persons maintained by the investigation division of the department of motor vehicles and public safety pursuant to NRS 481.245.

      Sec. 6.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

      (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

      3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

      (a) Through an electronic network;

      (b) On a [media] medium of magnetic storage; or

      (c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

      4.  The division shall:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

      (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

      (c) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

      5.  The division may:


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

ê1997 Statutes of Nevada, Page 3260 (Chapter 656, SB 361)ê

 

      (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; or

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      6.  The central repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district for employment; or

             (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

      (f) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.


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ê1997 Statutes of Nevada, Page 3261 (Chapter 656, SB 361)ê

 

      (g) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The central repository may:

      (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice , [or] any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2 [.] or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

      8.  As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

      Sec. 7.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the central repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.


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

ê1997 Statutes of Nevada, Page 3262 (Chapter 656, SB 361)ê

 

      5.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The state gaming control board.

      (d) The state board of nursing.

      (e) The private investigator’s licensing board to investigate an applicant for a license.

      (f) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (g) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (h) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (i) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (j) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (k) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (l) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (m) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (n) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (o) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

      (p) The state disaster identification team of the division of emergency management of the department of motor vehicles and public safety during a state of emergency proclaimed pursuant to NRS 414.070.

      6.  Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.


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

ê1997 Statutes of Nevada, Page 3263 (Chapter 656, SB 361)ê

 

justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

      Sec. 8.  NRS 179A.140 is hereby amended to read as follows:

      179A.140  1.  An agency of criminal justice may charge a reasonable fee for information relating to sexual offenses or other records of criminal history furnished to any person or governmental entity except another agency of criminal justice [.] and the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. The central repository shall not charge such a fee for information relating to a person regarding whom the central repository furnished a similar report within the immediately preceding 6 months in conjunction with the application by that person for professional licensure.

      2.  All money received or collected by the department pursuant to this section must be used to defray the cost of operating the central repository.

      Sec. 9.  NRS 289.270 is hereby amended to read as follows:

      289.270  1.  The following persons have the powers of a peace officer:

      (a) The director of the department of motor vehicles and public safety.

      (b) The chiefs of the divisions of the department of motor vehicles and public safety.

      (c) The deputy directors of the department of motor vehicles and public safety employed pursuant to subsection 2 of NRS 481.035.

      (d) The investigators and agents of the investigation division of the department of motor vehicles and public safety and any other officer or employee of that division whose principal duty is to enforce one or more laws of this state, and any person promoted from such a duty to a supervisory position related to such a duty.

      (e) The personnel of the capitol police division of the department of motor vehicles and public safety appointed pursuant to subsection 2 of NRS 331.140.

      2.  The personnel of the Nevada highway patrol appointed pursuant to subsection 2 of NRS 481.150 have the powers of a peace officer specified in NRS 481.150 and 481.180.

      3.  Administrators and investigators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties under NRS 481.048.

      4.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

      5.  Members of the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety who are, pursuant to section 2 of this act, activated by the chief of the division during a state of emergency proclaimed pursuant to NRS 414.070 to perform the duties of the state disaster identification team, have the powers of peace officers in carrying out those duties.

      Sec. 10.  NRS 289.400 is hereby amended to read as follows:

      289.400  In addition to the compensation required by NRS 281.121, a state agency that employs a person:


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

ê1997 Statutes of Nevada, Page 3264 (Chapter 656, SB 361)ê

 

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to subsection 1 of NRS 289.180, subsection 1 of NRS 289.220 , or subsection 2 or 5 of NRS 289.270; and

      2.  Who is required to purchase and wear his own uniform or other clothing, accessories or safety equipment while performing his duties for the state as a peace officer,

may, after first obtaining the written approval of the director of the department of administration, reimburse that person for the cost to repair or replace his required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while he is performing his duties for the state as a peace officer.

      Sec. 11.  NRS 432.170 is hereby amended to read as follows:

      432.170  1.  The attorney general shall:

      (a) Establish a program to coordinate activities and information in this state concerning missing or exploited children; and

      (b) Appoint a director to administer the provisions of the program.

      2.  The director is in the unclassified service of the state. For the purposes of assisting the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive, the attorney general may appoint such assistants or investigators as deemed necessary by the attorney general.

      3.  The director may:

      (a) Assist any public or private school in establishing a program of information about missing or exploited children by providing, free of charge, materials, publications and instructional aids relating to:

             (1) Offenses under federal and state law regarding missing or exploited children and the abuse or neglect of children.

             (2) Governmental and private agencies and programs for locating and identifying missing or exploited children, preventing the abduction or disappearance of children and preventing the abuse or neglect of children.

             (3) Methods of preventing the abduction or disappearance of children.

             (4) Techniques for the investigation of cases involving missing or exploited children.

             (5) Any other issue involving missing or exploited children.

      (b) Develop and maintain a system of information concerning missing or exploited children, including information concerning public or private resources which may be available to such children and their families.

      (c) Accept gifts or donations on behalf of the clearinghouse which must be accounted for separately and used by the director in carrying out the provisions of NRS 432.150 to 432.220, inclusive.

      (d) Enter into agreements with regional and national organizations for assistance and exchange of information concerning missing or exploited children.

      (e) Assist in the investigation of children who are reported missing in this state or who are reported abducted or taken from this state.

      4.  The director may provide the materials, publications and instructional aids identified in paragraph (a) of subsection 3 to any other person or governmental agency for a reasonable fee not to exceed the cost of preparing the materials.


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ê1997 Statutes of Nevada, Page 3265 (Chapter 656, SB 361)ê

 

      5.  The director shall, upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide records regarding a missing child to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

      Sec. 12.  NRS 481.054 is hereby amended to read as follows:

      481.054  The persons upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the committee, except:

      1.  The chief parole and probation officer;

      2.  The director of the department of prisons;

      3.  The state fire marshal;

      4.  The director of the department of motor vehicles and public safety, the deputy directors of the department, [and] the chiefs of the divisions of the department other than the investigation division [;] , and the members of the state disaster identification team of the division of emergency management of the department;

      5.  The commissioner of insurance and his chief deputy;

      6.  Railroad policemen; and

      7.  California correctional officers.

      Sec. 13.  NRS 481.245 is hereby amended to read as follows:

      481.245  1.  When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division.

      2.  Each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years or older shall:

      (a) Transmit to the investigation division:

             (1) The initial report that contains identifying information concerning the missing person within 72 hours after the receipt of that report; and

             (2) Any subsequent report concerning the missing person within 5 working days after the receipt of that report if the report contains additional identifying information concerning the missing person;

      (b) Notify immediately such persons and make inquiries concerning the missing person as the agency deems necessary; and

      (c) Enter the information concerning the missing person into the computer for the National Crime Information Center, if appropriate.

      3.  The sheriff, chief of police or other law enforcement agency may request the written consent of the next of kin or guardian of a person who has been reported to him as missing for 30 days or more to obtain the dental records of the missing person from that person’s dentist. After receiving the written consent, the sheriff, chief of police or other law enforcement agency shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the dental records of unidentified deceased persons. This subsection does not prevent the voluntary release of the missing person’s dental records by the next of kin or guardian of the missing person at any time.


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

ê1997 Statutes of Nevada, Page 3266 (Chapter 656, SB 361)ê

 

      4.  The next of kin or guardian of the person reported as missing shall promptly notify the appropriate law enforcement agency when the missing person is found.

      5.  The sheriff, chief of police or other law enforcement agency shall inform the investigation division and the National Crime Information Center when a missing person has been found.

      6.  The investigation division shall [maintain] :

      (a) Maintain the records and other information forwarded to it pursuant to subsections 1, 2 and 3 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies [.] ; and

      (b) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the records and other information that are maintained pursuant to this subsection to the state disaster identification team of the division of emergency management of the department.

      Sec. 14.  Section 10 of Assembly Bill No. 155 of this session is hereby amended to read as follows:

       Sec. 10.  NRS 179A.075 is hereby amended to read as follows:

       179A.075  1.  The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.

       2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

       (a) Collect and maintain records, reports and compilations of statistical data required by the department; and

       (b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.

       3.  Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:

       (a) Through an electronic network;

       (b) On a medium of magnetic storage; or

       (c) In the manner prescribed by the director of the department,

within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.

       4.  The division shall:

       (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Sexual offenses and other records of criminal history; and


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

ê1997 Statutes of Nevada, Page 3267 (Chapter 656, SB 361)ê

 

             (2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.

       (b) Use a record of the subject’s fingerprints as the basis for any records maintained regarding him.

       (c) Upon request during a state of emergency proclaimed pursuant to NRS 414.070, provide the information that is contained in the central repository to the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety.

       5.  The division may:

       (a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;

       (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and

       (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:

             (1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;

             (2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; [or]

             (3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction [.] ; or

             (4) For whom such information is required to be obtained pursuant to section 4 of this act.

       6.  The central repository shall:

       (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

       (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

       (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.

       (d) Investigate the criminal history of any person who:

             (1) Has applied to the superintendent of public instruction for a license;

             (2) Has applied to a county school district for employment; or

             (3) Is employed by a county school district,

and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.


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

ê1997 Statutes of Nevada, Page 3268 (Chapter 656, SB 361)ê

 

       (e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,

who the central repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository’s initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.

       (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of this act.

       (g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.

       [(g)] (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

       7.  The central repository may:

       (a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.

       (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2 or the state disaster identification team of the division of emergency management of the department of motor vehicles and public safety. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.

       8.  As used in this section, “advisory committee” means the committee established by the director of the department pursuant to NRS 179A.078.

      Sec. 15.  There is hereby appropriated from the state general fund to the department of motor vehicles and public safety the sum of $90,000 to carry out the provisions of sections 2 to 5, inclusive, of this act.


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ê1997 Statutes of Nevada, Page 3269 (Chapter 656, SB 361)ê

 

      Sec. 16.  Any remaining balance of the appropriation made by section 14 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 17.  1.  This section and sections 1 to 7, inclusive, and 9 to 16, inclusive, of this act become effective on July 1, 1997.

      2.  Section 8 of this act becomes effective at 12:01 a.m. on July 1, 1997.

________

 

CHAPTER 657, SB 383

Senate Bill No. 383–Committee on Government Affairs

CHAPTER 657

AN ACT relating to regional planning; establishing the Southern Nevada Strategic Planning Authority; setting forth the purpose and duties of the Authority; creating a technical committee to advise the Authority; providing for the funding of the Authority; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

      Whereas, The legislature finds and declares that a general law cannot be made applicable for the provisions of this act because of the economic diversity of the local governments of this state, the unusual patterns of growth in certain of those local governments, the need to identify and evaluate the needs of certain counties that have arisen as a result of growth experienced by those counties and the special conditions experienced in certain counties related to the need to provide basic services; now, therefore,

 

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

 

      Section 1.  1.  The Southern Nevada Strategic Planning Authority, consisting of 21 members, is hereby created in Clark County. The Southern Nevada Strategic Planning Authority consists of:

      (a) The respective mayors of the City of Las Vegas, the City of Henderson, the City of North Las Vegas, Boulder City and the City of Mesquite.

      (b) The Chairman of the Board of County Commissioners of Clark County.

      (c) The Vice Chairman of the Board of County Commissioners of Clark County.

      (d) One member appointed by the Southern Nevada Home Builders Association as its representative.

      (e) One member appointed by the Nevada Resort Association as its representative.

      (f) One member appointed by the Nevada State AFL-CIO as its representative.


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ê1997 Statutes of Nevada, Page 3270 (Chapter 657, SB 383)ê

 

      (g) One member appointed by the Nevada Taxpayers Association as its representative.

      (h) One member appointed by the Las Vegas Chamber of Commerce as its representative.

      (i) One member appointed by the Nevada Development Authority as its representative.

      (j) One member elected by the plurality vote of the members specified in paragraphs (a) to (i), inclusive, and (l) to represent environmental concerns.

      (k) One member elected by the plurality vote of the members specified in paragraphs (a) to (i), inclusive, and (l) to represent the concerns of racial and ethnic minorities.

      (l) One member appointed by each of the members specified in paragraphs (a) and (b) to represent the concerns of the residents of each city specified in paragraph (a) or Clark County, respectively. Such members must not be affiliated with any organization or special interest represented by the members specified in paragraphs (a) to (k), inclusive.

      2.  A member who no longer meets the qualifications by which he secured his membership on the Authority automatically ceases to be a member of the Authority. A vacancy must be filled in the same manner as the original member was selected.

      3.  A member of the Authority who is:

      (a) An ex-officio member pursuant to paragraph (a), (b) or (c) of subsection 1 shall serve without compensation.

      (b) Appointed or elected pursuant to paragraphs (d) to (l), inclusive, of subsection 1 must be compensated by the Authority at the rate of $40 per meeting or $200 per month, whichever is less.

      Sec. 2.  1.  The Southern Nevada Strategic Planning Authority shall:

      (a) Identify and evaluate the needs of Clark County relating to its growth.

      (b) Prioritize the objectives and strategies relating to the growth of Clark County.

      (c) Recommend to the 70th session of the Nevada Legislature strategies for meeting the growth needs and objectives of Clark County.

      2.  The Authority shall review the master plans and the plans for capital improvement of the planning agencies of Clark County. The Authority shall review the plans and the policies contained therein to determine if they are sufficient to meet the needs and address the expected amount of growth of Clark County over the next 20 years. A report regarding the determination of the Authority, including an analysis of whether there exist any duplications or inconsistencies in the plans, or whether any issues have been omitted, must be submitted to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission on or before June 1, 1998. As used in this subsection, “planning agency” includes:

      (a) The planning agencies for Clark County and the cities located within the county; and

      (b) Any agency responsible for planning for the provision of services related to infrastructure, including, without limitation, the Regional Transportation Commission of Clark County, the Clark County Regional Flood Control Board, the Metropolitan Police Department, the Clark County School District and the Southern Nevada Water Authority.


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ê1997 Statutes of Nevada, Page 3271 (Chapter 657, SB 383)ê

 

      3.  The Authority shall develop and submit to the Director of the Legislative Counsel Bureau for transmittal to the 70th session of the Nevada Legislature for its review on or before April 1, 1999:

      (a) A needs assessment that identifies the issues relating to the growth of Clark County over the next 20 years. The needs assessment must be completed by the Authority on or before October 1, 1998.

      (b) A strategic plan that sets forth the objectives, goals and strategies of the Authority with regard to those issues. The strategic plan must address the effects of such growth with respect to:

             (1) Economic development, including, without limitation, the creation of new jobs.

             (2) Educational institutions, including, without limitation, public schools.

             (3) The environment, including, without limitation, air quality.

             (4) Housing.

             (5) Local land use and growth boundaries.

             (6) Parks and recreation.

             (7) Public safety.

             (8) Transportation.

             (9) Water, sewage and sanitation.

             (10) Other issues as are determined by the Authority to be pertinent.

      (c) An evaluation of the current allocation of resources in the development of regional infrastructure that is not supported by the payment of user fees, including, without limitation, regional flood control, transportation and parks. The information relating to the allocation of such resources must be provided to the Authority by a subcommittee of the Technical Committee created pursuant to section 4 of this act. The subcommittee must consist of the directors of finance of Clark County and the cities listed in paragraph (a) of subsection 1 of section 4 of this act.

      (d) Recommendations for legislation.

      4.  The Authority may make reasonable requests for information to any local government.

      Sec. 3.  1.  There is hereby created the position of Facilitator of the Southern Nevada Strategic Planning Authority. The Facilitator:

      (a) Must be nominated by the plurality vote of the members appointed to the Authority pursuant to paragraphs (d) to (l), inclusive, of subsection 1 of section 1 of this act from a list of persons who have applied for the position and who:

             (1) Have the necessary training, experience, capability and interest in planning to perform the duties of the Facilitator;

             (2) Have demonstrated the ability to administer a major program relating to planning; and

             (3) Are not affiliated with any entity listed in subsection 1 of section 1 of this act; and

             (4) May be a consultant or a consulting firm.

      (b) Must be appointed by the plurality vote of the members of the Authority set forth in paragraphs (a), (b) and (c) of subsection 1 of section 1 of this act.

      2.  The Facilitator shall appoint a Project Coordinator who:


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ê1997 Statutes of Nevada, Page 3272 (Chapter 657, SB 383)ê

 

      (a) Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      (b) Shall not hold any other position relating to planning with a regional or local entity in the county, or be on a leave of absence from any other regional or local entity in the county while holding the position of Project Coordinator.

      (c) Is responsible for the administration of the Authority.

      (d) Shall prepare an annual budget for the Authority.

      (e) May:

             (1) Appoint professional, technical or clerical staff to positions that are approved by the Authority.

             (2) Execute contracts for services and interlocal agreements that are approved by the Authority.

             (3) Direct the activities of all persons employed by the Authority.

      Sec. 4.  1.  The Technical Committee of the Southern Nevada Strategic Planning Authority, consisting of 13 members, is hereby created. The Technical Committee consists of:

      (a) The respective city managers of the City of Las Vegas, the City of Henderson, the City of North Las Vegas, Boulder City and the City of Mesquite or their designees.

      (b) The County Manager of Clark County or his designee.

      (c) The General Manager of the Southern Nevada Water Authority or his designee.

      (d) The General Manager of the Clark County Regional Flood Control Board or his designee.

      (e) The Director of the Regional Transportation Commission of Clark County or his designee.

      (f) The County Health Officer of the Clark County Health District or his designee.

      (g) The Superintendent of the Clark County School District or his designee.

      (h) The General Manager of the Virgin Valley Water District or his designee.

      (i) The Chief Executive Officer of Nevada Power Company or his designee.

      2.  The Technical Committee shall advise the Southern Nevada Strategic Planning Commission regarding the growth of Clark County.

      3.  A member who no longer meets the qualifications by which he secured his membership on the Technical Committee automatically ceases to be a member of the Technical Committee. A vacancy must be filled in the same manner as the original member was selected.

      4.  A member of the Technical Committee shall serve without compensation.

      Sec. 5.  1.  To pay for the costs associated with carrying out the provisions of this act:

      (a) The governing body of:

             (1) Clark County shall allocate not less than $150,000;

             (2) The City of Las Vegas shall allocate not less than $75,000;


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

ê1997 Statutes of Nevada, Page 3273 (Chapter 657, SB 383)ê

 

             (3) The City of Henderson shall allocate not less than $60,000;

             (4) The City of North Las Vegas shall allocate not less than $45,000;

             (5) Boulder City shall allocate not more than $20,000; and

             (6) The City of Mesquite shall allocate not more than $15,000,

from its general fund to the Southern Nevada Strategic Planning Authority.

      (b) The Southern Nevada Strategic Planning Authority may solicit and accept contributions from the organizations specified in paragraphs (d) to (i), inclusive, of subsection 1 of section 1 of this act and any other organization that wishes to contribute to the Authority.

      2.  The Southern Nevada Strategic Planning Authority may expend any money received pursuant to this section in carrying out the provisions of this act.

      3.  Any money received by the Southern Nevada Strategic Planning Authority pursuant to this section must not be committed for expenditure after June 30, 1999.

      4.  The Facilitator of the Southern Nevada Strategic Planning Authority shall cause any remaining balance of the money allocated or contributed to the Southern Nevada Strategic Planning Authority pursuant to this section that has not been committed for expenditure as of June 30, 1999, to be transferred to the various entities which made the allocations or contributions in the proportion that the entity’s allocation or contribution bears to the total amount of all allocations and contributions received by the Southern Nevada Strategic Planning Authority pursuant to this section.

      Sec. 6.  The Southern Nevada Strategic Planning Authority and the Technical Committee of the Southern Nevada Strategic Planning Authority shall each hold its first meeting on or before September 15, 1997.

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

      Sec. 8.  This act becomes effective upon passage and approval and expires by limitation on July 1, 1999.

________

 

CHAPTER 658, SB 3

Senate Bill No. 3–Committee on Natural Resources

CHAPTER 658

AN ACT relating to transportation; requiring the Board of Directors of the Department of Transportation to use money set aside for transportation activities pursuant to the Intermodal Surface Transportation Efficiency Act of 1991 to carry out the North Shore Beautification and Water Quality Project; and providing other matters properly relating thereto.

 

[Approved July 17, 1997]

 

      Whereas, Many visitors enter Nevada on state highway Route No. 28 near the north shore of Lake Tahoe; and

      Whereas, The first sight that these visitors see are commercial buildings and signs that contrast with the natural environment of the Lake Tahoe Basin; and


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ê1997 Statutes of Nevada, Page 3274 (Chapter 658, SB 3)ê

 

      Whereas, The runoff of water from the streets and highways in the area surrounding state highway Route No. 28 from the Nevada state line to Reservoir Drive contributes to the degradation of the supply of water in the Lake Tahoe Basin; and

      Whereas, A group of persons interested in enhancing the aesthetics along state highway Route No. 28 from the Nevada state line to Reservoir Drive and improving the quality of water in the Lake Tahoe Basin has participated in the design of the North Shore Beautification and Water Quality Project that will:

      1.  Provide benches, landscaping, sidewalks, street lamps and vegetation along state highway Route No. 28 from the Nevada state line to Reservoir Drive;

      2.  Control erosion and treat any runoff of water from that portion of the highway; and

      3.  Reduce by 50 percent the amount of area covered by commercial signs and modernize the signs that remain along that portion of the highway; and

      Whereas, The Intermodal Surface Transportation Efficiency Act of 1991 requires each state to use 10 percent of the money it receives from the Federal Government for surface transportation programs to finance transportation enhancement activities which include landscaping or other scenic beautification projects and projects for the mitigation of water pollution caused by the runoff of water from streets and highways; and

      Whereas, The Board of Directors of the Department of Transportation chooses the projects that receive the money set aside for transportation enhancement activities; and

      Whereas, The cost of the North Shore Beautification and Water Quality Project is estimated to be $1,300,000; now, therefore,

 

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

 

      Section 1.  The Board of Directors of the Department of Transportation shall use money set aside for transportation activities pursuant to the Intermodal Transportation Efficiency Act of 1991 (P.L. 102-240), as amended, to finance the costs of carrying out the North Shore Beautification and Water Quality Project.

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

________

 


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ê1997 Statutes of Nevada, Page 3275ê

 

CHAPTER 659, SB 429

Senate Bill No. 429–Committee on Legislative Affairs and Operations

CHAPTER 659

AN ACT relating to governmental operations; revising the provisions governing the governor’s proclamation of constitution day and constitution week; authorizing local governments to institute programs to increase the participation of citizens in the development of public policy and the improvement of the operation of government; creating a repository within the department of museums, library and arts to store information regarding such programs; providing the powers of the director of the department concerning the repository; 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 236.035 is hereby amended to read as follows:

      236.035  1.  The governor [shall] may annually proclaim the third week in September to be “Constitution Week” and September 17 to be “Constitution Day” to commemorate the historical contributions that the United States Constitution has made to citizens and its significance in preserving the individual freedoms, liberties and common welfare of the people who live in the United States of America.

      2.  The proclamation [shall:] may:

      (a) Call upon the news media, educators, state and local officers, professional, business and labor leaders, and others in positions of authority or influence to bring to the attention of [Nevada’s] the citizens of this state the importance of the United States Constitution in shaping and articulating the basic values that underlie the unique character of American civilization and culture, based on the belief that sovereignty emanates from the people who comprise a society and that governmental authority is based upon the consent of the governed;

      (b) Encourage elected and appointed officers and employees at all levels of government and in all public and educational institutions to develop new programs and new ideas by which the citizens of this state and nation can [better] :

             (1) Better understand and improve the effectiveness of all branches of government established within the American constitutional system; and

             (2) Increase the extent and quality of their participation in the development of public policy and the improvement of the operation of government at all levels;

      (c) Encourage citizens of this state to assist elected and appointed officers and employees at all levels of government, and in all public and educational institutions, to develop new programs and new ideas to increase the extent and quality of the participation of the citizens of this state in the development of public policy and the improvement of the operation of government at all levels;


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ê1997 Statutes of Nevada, Page 3276 (Chapter 659, SB 429)ê

 

      (d) Direct interested citizens and appropriate officers and agencies to develop recommendations by which federal, state and local policies for the preservation of historical records can be formulated and put into effect, so that the cultural and informational resources that are essential to a constitutional form of government are preserved and made accessible to present and future generations of citizens; [and

      (d)] (e) Remind all citizens that the preservation of the American constitutional form of government, and the freedom and liberty guaranteed by the United States Constitution, are based upon the responsibility of each citizen to uphold and defend the Constitution [.] ; and

      (f) Request all citizens to submit any information they may have concerning a program, activity, event, proposal or any other action to increase the extent and quality of participation of citizens in the:

             (1) Development of public policy; and

             (2) Improvement of the operation of government at all levels,

to the repository created pursuant to section 4 of this act.

      Sec. 2.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      A board of county commissioners may institute a program or sponsor an activity, event or any other action designed to increase the extent and quality of participation of the residents of the county in the development of public policy and the improvement of the operation of government at all levels. The board may submit a report of any action taken pursuant to this section to the repository created pursuant to section 4 of this act.

      Sec. 3.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      The city council or other governing body of an incorporated city may institute a program or sponsor an activity, event or any other action designed to increase the extent and quality of participation of the residents within the incorporated city in the development of public policy and the improvement of the operation of government at all levels. The city council or other governing body of an incorporated city may submit a report of any action taken pursuant to this section to the repository created pursuant to section 4 of this act.

      Sec. 4.  Chapter 378 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The repository for records concerning programs, activities and events related to the participation of citizens in the development of public policy and the improvement of the operation of government is hereby created within the department.

      2.  The director shall receive, store and maintain in the repository and make available to members of the public materials, information and records submitted to the department:

      (a) In response to a proclamation issued pursuant to NRS 236.035; or

      (b) By the Federal Government, any state or local government or any political subdivision thereof reporting the results of an action taken to increase the extent and quality of the participation of citizens in the development of public policy and the improvement of the operation of government.


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

ê1997 Statutes of Nevada, Page 3277 (Chapter 659, SB 429)ê

 

      3.  To maintain and develop the repository, the director may:

      (a) Apply for any available grants and accept any gifts, grants or donations;

      (b) Delegate his powers and duties to any person within the department; and

      (c) Create and appoint an advisory committee.

      4.  An advisory committee created pursuant to this section must be created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation must specify the:

      (a) Membership of the committee;

      (b) Purpose for which the committee is created;

      (c) Duties of the committee;

      (d) Period of existence of the committee; and

      (e) Rules for the governance of the committee.

      5.  An advisory committee created pursuant to this section may advise the director on matters concerning the repository, including, without limitation:

      (a) The coordination of public agencies concerning programs, activities or events designed to increase the extent and quality of the participation of the residents of this state in the development of public policy and the improvement of the operation of government at all levels;

      (b) The assistance of public agencies in developing such programs, activities and events;

      (c) The development of effective ways to provide information contained in the repository to members of the public; and

      (d) Recommended programs that demonstrate the effective methods by which residents of this state may participate in the development of public policy and the improvement of the operations of government at all levels.

      6.  The members of an advisory committee created pursuant to this section serve without compensation unless an appropriation or other money for that purpose is provided by the legislature.

      Sec. 5.  The director of the department of museums, library and arts shall submit a report to the 71st session of the Nevada legislature on or before February 1, 2001, regarding the status of the repository created pursuant to section 4 of this act.

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ê1997 Statutes of Nevada, Page 3278ê

 

CHAPTER 660, SB 254

Senate Bill No. 254–Committee on Government Affairs

CHAPTER 660

AN ACT relating to taxation; revising the formulas for the distribution of the proceeds of certain taxes; prohibiting certain governmental entities from pledging certain revenues to secure the payment of bonds or other obligations; revising the rate certain governmental entities must not exceed if levying an additional tax ad valorem under certain circumstances; requiring the executive director to allocate to certain governmental entities an amount equal to an amount calculated by using the average amount received from certain taxes for 2 fiscal years under certain circumstances; 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 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “County” includes Carson City.

      Sec. 4.  “Enterprise district” means a governmental entity which:

      1.  Is not a county, city or town;

      2.  Receives any portion of the proceeds of a tax which is included in the fund; and

      3.  The executive director determines is an enterprise district pursuant to the provisions of section 12.5 of this act.

      Sec. 5.  “Fund” means the local government tax distribution fund created pursuant to section 8 of this act.

      Sec. 6.  “Local government” means any county, city or town that receives any portion of the proceeds of a tax which is included in the fund.

      Sec. 7.  “Special district” means a governmental entity that receives any portion of the proceeds of a tax which is included in the fund and which is not:

      1.  A county;

      2.  A city;

      3.  A town; or

      4.  An enterprise district.

      Sec. 8.  The local government tax distribution fund is hereby created in the state treasury as a special revenue fund. The executive director shall administer the fund.

      Sec. 9.  Except as otherwise provided in section 15 of this act, each:

      1.  Local government that receives, before July 1, 1998, any portion of the proceeds of a tax which is included in the fund;

      2.  Special district that receives, before July 1, 1998, any portion of the proceeds of a tax which is included in the fund; and

      3.  Enterprise district, is eligible for an allocation from the fund in the manner prescribed in section 10 of this act.


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

ê1997 Statutes of Nevada, Page 3279 (Chapter 660, SB 254)ê

 

is eligible for an allocation from the fund in the manner prescribed in section 10 of this act.

      Sec. 10.  1.  On or before July 1 of each year, the executive director shall allocate to each enterprise district an amount equal to the amount that the enterprise district received from the fund in the immediately preceding fiscal year.

      2.  Except as otherwise provided in sections 11 and 14 of this act, the executive director, after subtracting the amount allocated to each enterprise district pursuant to subsection 1, shall allocate to each local government or special district which is eligible for an allocation from the fund pursuant to section 9 of this act an amount from the fund that is equal to the amount allocated to the local government or special district for the preceding fiscal year multiplied by one plus the percentage change in the Consumer Price Index (All Items) for the year ending on December 31 immediately preceding the year in which the allocation is made.

      Sec. 11.  1.  Except as otherwise provided in section 14 of this act, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the fund pursuant to the provisions of this section.

      2.  The executive director shall establish a base monthly allocation for each local government, special district and enterprise district by dividing the amount determined pursuant to section 10 of this act for each local government, special district and enterprise district by 12 and the state treasurer shall, except as otherwise provided in subsections 3, 4 and 5, remit monthly that amount to each local government, special district and enterprise district.

      3.  If, after making the allocation to each enterprise district for the month, the executive director determines there is not sufficient money available in the county’s account in the fund to allocate to each local government and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the account and allocate to each local government and special district an amount equal to the percentage of the amount that the local government or special district received from the total amount which was distributed to all local governments and special districts within the county for the fiscal year immediately preceding the year in which the allocation is made. The state treasurer shall remit that amount to the local government or special district.

      4.  Except as otherwise provided in subsection 5, if the executive director determines that there is money remaining in the county’s account in the fund after the base monthly allocation determined pursuant to subsection 2 has been allocated to each local government, special district and enterprise district, he shall immediately determine and allocate each:

      (a) Local government’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to section 10 of this act by one plus the sum of the:

                   (I) Percentage change in the population of the local government for the fiscal year immediately preceding the year in which the allocation is made, as certified by the governor pursuant to NRS 360.285 except as otherwise provided in subsection 6; and


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

ê1997 Statutes of Nevada, Page 3280 (Chapter 660, SB 254)ê

 

                   (II) Average percentage change in the assessed valuation of taxable property in the local government, except any assessed valuation attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each local government an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (b), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the account; and

      (b) Special district’s share of the remaining money by:

             (1) Multiplying one-twelfth of the amount allocated pursuant to section 10 of this act by one plus the average change in the assessed valuation of taxable property in the special district, except any assessed valuation attributable to the net proceeds of minerals, over the 5 fiscal years immediately preceding the year in which the allocation is made; and

             (2) Using the figure calculated pursuant to subparagraph (1) to calculate and allocate to each special district an amount equal to the proportion that the figure calculated pursuant to subparagraph (1) bears to the total amount of the figures calculated pursuant to subparagraph (1) of this paragraph and subparagraph (1) of paragraph (a), respectively, for the local governments and special districts located in the same county multiplied by the total amount available in the account.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.

      5.  The executive director shall not allocate any amount to a local government or special district pursuant to subsection 4, unless the amount distributed and allocated to each of the local governments and special districts in the county in each preceding month of the fiscal year in which the allocation is to be made was at least equal to the base monthly allocation determined pursuant to subsection 2. If the amounts distributed to the local governments and special districts in the county for the preceding months of the fiscal year in which the allocation is to be made were less than the base monthly allocation determined pursuant to subsection 2 and the executive director determines there is money remaining in the county’s account in the fund after the distribution for the month has been made, he shall:

      (a) Determine the amount by which the base monthly allocations determined pursuant to subsection 2 for each local government and special district in the county for the preceding months of the fiscal year in which the allocation is to be made exceeds the amounts actually received by the local governments and special districts in the county for the same period; and

      (b) Compare the amount determined pursuant to paragraph (a) to the amount of money remaining in the county’s account in the fund to determine which amount is greater.

If the executive director determines that the amount determined pursuant to paragraph (a) is greater, he shall allocate the money remaining in the county’s account in the fund pursuant to the provisions of subsection 3. If the executive director determines that the amount of money remaining in the county’s account in the fund is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated.


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

ê1997 Statutes of Nevada, Page 3281 (Chapter 660, SB 254)ê

 

the executive director determines that the amount of money remaining in the county’s account in the fund is greater, he shall first allocate the money necessary for each local government and special district to receive the base monthly allocation determined pursuant to subsection 2 and the state treasurer shall remit that money so allocated. The executive director shall allocate any additional money in the county’s account in the fund pursuant to the provisions of subsection 4.

      6.  If the Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to paragraph (a) of subsection 4 must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      7.  On or before February 15 of each year, the executive director shall provide to each local government, special district and enterprise district a preliminary estimate of the revenue it will receive from the fund for that fiscal year.

      8.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from each tax included in the fund on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles, including an estimate for each county of the receipts from each tax included in the fund; and

      (b) Provide to each local government, special district and enterprise district an estimate of the amount that local government, special district or enterprise district would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      9.  A local government, special district or enterprise district may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

      Sec. 12.  The executive director shall ensure that each local government, special district or enterprise district that:

      1.  Received, before July 1, 1998, any portion of the proceeds of a tax which is included in the fund; and

      2.  Pledged a portion of the money described in subsection 1 to secure the payment of bonds or other types of obligations,

receives an amount at least equal to that amount which the local government, special district or enterprise district would have received before July 1, 1998, that is pledged to secure the payment of those bonds or other types of obligations.

      Sec. 12.5.  1.  The executive director shall determine whether a governmental entity is an enterprise district.

      2.  In determining whether a governmental entity is an enterprise district, the executive director shall consider:

      (a) Whether the governmental entity should account for substantially all of its operations in an enterprise fund as defined in NRS 354.517;

      (b) The number and type of governmental services that the governmental entity provides;


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ê1997 Statutes of Nevada, Page 3282 (Chapter 660, SB 254)ê

 

      (c) Whether the governmental entity provides a product or a service directly to a user of that product or service, including, without limitation, water, sewerage, television and sanitation; and

      (d) Any other factors the executive director deems relevant.

      Sec. 13.  1.  An enterprise district shall not pledge any portion of the revenues from any of the taxes included in the fund to secure the payment of bonds or other obligations.

      2.  The executive director shall ensure that a governmental entity created between July 1, 1996, and July 1, 1998, does not receive money from the taxes included in the fund unless that governmental entity provides police protection and at least two of the following services:

      (a) Fire protection;

      (b) Construction, maintenance and repair of roads; or

      (c) Parks and recreation.

      3.  As used in this section:

      (a) “Fire protection” has the meaning ascribed to it in section 15 of this act.

      (b) “Parks and recreation” has the meaning ascribed to it in section 15 of this act.

      (c) “Police protection” has the meaning ascribed to it in section 15 of this act.

      (d) “Construction, maintenance and repair of roads” has the meaning ascribed to it in section 15 of this act.

      Sec. 14.  1.  The governing bodies of two or more local governments or special districts, or any combination thereof, may, pursuant to the provisions of NRS 277.045, enter into a cooperative agreement that sets forth an alternative formula for the distribution of the taxes included in the fund to the local governments or special districts which are parties to the agreement. The governing bodies of each local government or special district that is a party to the agreement must approve the alternative formula by majority vote.

      2.  The county clerk of a county in which a local government or special district that is a party to a cooperative agreement pursuant to subsection 1 is located shall transmit a copy of the cooperative agreement to the executive director:

      (a) Within 10 days after the agreement is approved by each of the governing bodies of the local governments or special districts that are parties to the agreement; and

      (b) Not later than December 31 of the year immediately preceding the initial year of distribution that will be governed by the cooperative agreement.

      3.  The governing bodies of two or more local governments or special districts shall not enter into more than one cooperative agreement pursuant to subsection 1 that involves the same local governments or special districts.

      4.  If at least two cooperative agreements exist among the local governments and special districts that are located in the same county, the executive director shall ensure that the terms of those cooperative agreements do not conflict.


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ê1997 Statutes of Nevada, Page 3283 (Chapter 660, SB 254)ê

 

      5.  Any local government or special district that is not a party to a cooperative agreement pursuant to subsection 1 must continue to receive money from the fund pursuant to the provisions of sections 10 and 11 of this act.

      6.  The governing bodies of the local governments and special districts that have entered into a cooperative agreement pursuant to subsection 1 may, by majority vote, amend the terms of the agreement. The governing bodies shall not amend the terms of a cooperative agreement more than once during the first 2 years after the cooperative agreement is effective and once every year thereafter, unless the committee on local government finance approves the amendment. The provisions of this subsection do not apply to any interlocal agreements for the consolidation of governmental services entered into by local governments or special districts pursuant to the provisions of NRS 277.080 to 277.180, inclusive, that do not relate to the distribution of taxes included in the fund.

      7.  A cooperative agreement executed pursuant to this section may not be terminated unless the governing body of each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 agrees to terminate the agreement.

      8.  For each fiscal year the cooperative agreement is in effect, the executive director shall continue to calculate the amount each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 would receive pursuant to the provisions of sections 10 and 11 of this act.

      9.  If the governing bodies of the local governments or special districts that are parties to a cooperative agreement terminate the agreement pursuant to subsection 7, the executive director must distribute to those local governments or special districts an amount equal to the amount the local government or special district would have received pursuant to the provisions of sections 10 and 11 of this act according to the calculations performed pursuant to subsection 8.

      Sec. 15.  1.  The governing body of a local government or special district that is created after July 1, 1998, and which provides police protection and at least two of the following services:

      (a) Fire protection;

      (b) Construction, maintenance and repair of roads; or

      (c) Parks and recreation,

may, by majority vote, request the Nevada tax commission to direct the executive director to allocate money from the fund to the local government or special district pursuant to the provisions of sections 10 and 11 of this act.

      2.  On or before December 31 of the year immediately preceding the first fiscal year that the local government or special district would receive money from the fund, a governing body that submits a request pursuant to subsection 1 must:

      (a) Submit the request to the executive director; and

      (b) Provide copies of the request and any information it submits to the executive director in support of the request to each local government and special district that:


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ê1997 Statutes of Nevada, Page 3284 (Chapter 660, SB 254)ê

 

             (1) Receives money from the fund; and

             (2) Is located within the same county.

      3.  The executive director shall review each request submitted pursuant to subsection 1 and submit his findings to the committee on local government finance. In reviewing the request, the executive director shall:

      (a) For the initial year of distribution, establish an amount to be allocated to the new local government or special district pursuant to the provisions of sections 10 and 11 of this act. If the new local government or special district will provide a service that was provided by another local government or special district before the creation of the new local government or special district, the amount allocated to the local government or special district which previously provided the service must be decreased by the amount allocated to the new local government or special district; and

      (b) Consider:

             (1) The effect of the distribution of money in the fund, pursuant to the provisions of sections 10 and 11 of this act, to the new local government or special district on the amounts that the other local governments and special districts that are located in the same county will receive from the fund; and

             (2) The comparison of the amount established to be allocated pursuant to the provisions of sections 10 and 11 of this act for the new local government or special district to the amounts allocated to the other local governments and special districts that are located in the same county.

      4.  The committee on local government finance shall review the findings submitted by the executive director pursuant to subsection 3. If the committee determines that the distribution of money in the fund to the new local government or special district is appropriate, it shall submit a recommendation to the Nevada tax commission. If the committee determines that the distribution is not appropriate, that decision is not subject to review by the Nevada tax commission.

      5.  The Nevada tax commission shall schedule a public hearing within 30 days after the committee on local government finance submits its recommendation. The Nevada tax commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The executive director shall provide copies of all documents relevant to the recommendation of the committee on local government finance to the governing body of each local government and special district that is located in the same county as the new local government or special district.

      6.  If, after the public hearing, the Nevada tax commission determines that the recommendation of the committee on local government finance is appropriate, it shall order the executive director to distribute money in the fund to the new local government or special district pursuant to the provisions of sections 10 and 11 of this act.

      7.  For the purposes of this section, the local government or special district may enter into an interlocal agreement with another governmental entity for the provision of the services set forth in subsection 1 if that local government or special district compensates the governmental entity that provides the services in an amount equal to the value of those services.

      8.  As used in this section:

      (a) “Fire protection” includes the provision of services related to:


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ê1997 Statutes of Nevada, Page 3285 (Chapter 660, SB 254)ê

 

             (1) The prevention and suppression of fire; and

             (2) Rescue,

and the acquisition and maintenance of the equipment necessary to provide those services.

      (b) “Parks and recreation” includes the employment by the local government or special district, on a permanent and full-time basis, of persons who administer and maintain recreational facilities and parks. “Parks and recreation” does not include the construction or maintenance of roadside parks or rest areas that are constructed or maintained by the local government or special district as part of the construction, maintenance and repair of roads.

      (c) “Police protection” includes the employment by the local government or special district, on a permanent and full-time basis, of at least three persons whose primary functions specifically include:

             (1) Routine patrol;

             (2) Criminal investigations;

             (3) Enforcement of traffic laws; and

             (4) Investigation of motor vehicle accidents.

      (d) “Construction, maintenance and repair of roads” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a road and that is necessary for the safe and efficient use of the road except alleys and pathways for bicycles that are separate from the roadway and, including, without limitation:

             (1) Grades or regrades;

             (2) Gravel;

             (3) Oiling;

             (4) Surfacing;

             (5) Macadamizing;

             (6) Paving;

             (7) Cleaning;

             (8) Sanding or snow removal;

             (9) Crosswalks;

             (10) Sidewalks;

             (11) Culverts;

             (12) Catch basins;

             (13) Drains;

             (14) Sewers;

             (15) Manholes;

             (16) Inlets;

             (17) Outlets;

             (18) Retaining walls;

             (19) Bridges;

             (20) Overpasses;

             (21) Tunnels;

             (22) Underpasses;

             (23) Approaches;

             (24) Sprinkling facilities;

             (25) Artificial lights and lighting equipment;


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ê1997 Statutes of Nevada, Page 3286 (Chapter 660, SB 254)ê

 

             (26) Parkways;

             (27) Fences or barriers that control access to the road;

             (28) Control of vegetation;

             (29) Rights of way;

             (30) Grade separators;

             (31) Traffic separators;

             (32) Devices and signs for control of traffic;

             (33) Facilities for personnel who construct, maintain or repair roads; and

             (34) Facilities for the storage of equipment or materials used to construct, maintain or repair roads.

      Sec. 16.  NRS 360.283 is hereby amended to read as follows:

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

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

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

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

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

      Sec. 17.  NRS 369.173 is hereby amended to read as follows:

      369.173  The department shall apportion , [and the state controller shall distribute,] on a monthly basis, from the tax on liquor containing more than 22 percent of alcohol by volume, the portion of the tax collected during the preceding month which is equivalent to 50 cents per wine gallon, among Carson City and the counties of this state in proportion to their respective populations. [The department shall apportion that money within the counties as follows:

      1.  If there are no incorporated cities within the county, the entire amount must go into the county treasury.

      2.  If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.

      3.  If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.


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ê1997 Statutes of Nevada, Page 3287 (Chapter 660, SB 254)ê

 

      4.  In Carson City the entire amount must go into the city treasury.] The state controller shall deposit the amounts apportioned to Carson City and each county in the local government tax distribution fund created by section 8 of this act for credit to the respective accounts of Carson City and each county.

      Sec. 18.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month the sum the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.

      (b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 12.5 mills per cigarette to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.

      (c) Transmit the balance of the payments each month to the state treasurer for deposit [to the credit of the cigarette tax account in the intergovernmental fund.] in the local government tax distribution fund created by section 8 of this act.

      (d) Report to the state controller monthly the amount of collections.

      3.  The money [in the cigarette tax account] deposited pursuant to paragraph (c) of subsection 2 in the local government tax distribution fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations [. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:

      (a) In a county whose population is 6,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.

             (3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.

      (b) In a county whose population is less than 6,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.


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ê1997 Statutes of Nevada, Page 3288 (Chapter 660, SB 254)ê

 

county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.

      (c) In Carson City the entire amount must go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.] and must be credited to the respective accounts of Carson City and each county.

      Sec. 18.5.  NRS 371.230 is hereby amended to read as follows:

      371.230  Except as otherwise provided in NRS 371.1035 [,] or 482.180, money collected by the department for privilege taxes and penalties pursuant to the provisions of this chapter must be deposited with the state treasurer to the credit of the motor vehicle fund.

      Sec. 19.  NRS 375.070 is hereby amended to read as follows:

      375.070  [1.]  The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter in the following manner:

      [(a)]1.  An amount equal to that portion of the proceeds which is equivalent to 10 cents for each $500 of value or fraction thereof must be transmitted to the state treasurer who shall deposit that amount in the account for low-income housing created pursuant to NRS 319.500.

      [(b)]2.  The remaining proceeds must be transmitted to the [county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:

             (1) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) If there are two or more cities in the county, among the cities in proportion to their respective populations.

      2.  If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.] state treasurer for deposit in the local government tax distribution fund created by section 8 of this act for credit to the respective accounts of Carson City and each county.

      Sec. 20.  NRS 377.055 is hereby amended to read as follows:

      377.055  1.  The department [,] shall monthly determine for each county an amount of money equal to the sum of:

      (a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050; and

      (b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance [.


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ê1997 Statutes of Nevada, Page 3289 (Chapter 660, SB 254)ê

 

businesses not maintaining a fixed place of business within this state, less the corresponding amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050, which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance [.

      2.  The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:

      (a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

      (b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

      (c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      3.  The provisions of subsection 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined for the city and received from the state controller in the general fund.

      4.] ,

and deposit the money in the local government tax distribution fund created by section 8 of this act for credit to the respective accounts of each county.

      2.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 21.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall distribute monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, except as otherwise provided in subsection 2, to:

      (a) Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:

             (1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state businesses, from the fiscal year 2 years preceding the immediately preceding fiscal year to the fiscal year preceding the immediately preceding fiscal year; or

             (2) Except as otherwise provided in this paragraph, the percentage change in the population of the county, as certified by the governor pursuant to NRS 360.285, added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,

whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection [10.] 5. If the [United States] Bureau of the Census of the United States Department of Commerce issues population totals that conflict with the totals certified by the governor pursuant to NRS 360.285, the percentage change calculated pursuant to subparagraph (2) for the ensuing fiscal year must be an estimate of the change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.


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ê1997 Statutes of Nevada, Page 3290 (Chapter 660, SB 254)ê

 

change in population for the calendar year, based upon the population totals issued by the Bureau of the Census.

      (b) All other counties, the amount remaining after making the distributions required by paragraph (a) to each of these counties in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.

      2.  If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for the 12 most recent months for which information concerning the actual amount collected is available on February 15 of any year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same period, the state controller shall distribute that county’s portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 in all subsequent fiscal years, unless a waiver is granted pursuant to subsection 3.

      3.  A county which, pursuant to subsection 2, is required to have its portion of the proceeds from the supplemental city-county relief tax distributed pursuant to paragraph (b) of subsection 1 may file a request with the Nevada tax commission for a waiver of the requirements of subsection 2. The request must be filed on or before February 20 next preceding the fiscal year for which the county will first receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) of subsection 1 and must be accompanied by evidence which supports the granting of the waiver. The commission shall grant or deny a request for a waiver on or before March 10 next following the timely filing of the request. If the commission determines that the increase in the amount of supplemental city-county relief tax collected in the county was primarily caused by:

      (a) Nonrecurring taxable sales, it shall grant the request.

      (b) Normal or sustainable growth in taxable sales, it shall deny the request.

A county which is granted a waiver pursuant to this subsection is not required to obtain a waiver in any subsequent fiscal year to continue to receive its portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (a) of subsection 1 unless the amount of supplemental city-county relief tax collected in the county in a fiscal year again exceeds the threshold established in subsection 2.

      4.  The amount apportioned to each county must [then be apportioned among the several local governments therein, including the county and excluding the school district, any district created to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.

      5.  As used in this section, the “basic ad valorem revenue” of each local government, except as otherwise provided in subsection 6 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations.


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ê1997 Statutes of Nevada, Page 3291 (Chapter 660, SB 254)ê

 

354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:

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

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

      6.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a:

      (a) Fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:

             (1) The Santini-Burton Act, Public Law 96-586; or

             (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

      (b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.

      7.  On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.

      8.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and

      (b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      9.  A local government may use the estimate provided by the executive director pursuant to subsection 8 in the preparation of its budget.

      10.]be deposited in the local government tax distribution fund created by section 8 of this act for credit to the respective accounts of each county.

      5.  The minimum amount which may be distributed to the following counties in a month pursuant to paragraph (a) of subsection 1 is as follows:

 

Douglas...................................................................................................          $580,993

Esmeralda................................................................................................              53,093

Lander......................................................................................................            155,106

Lincoln.....................................................................................................              72,973

Lyon.........................................................................................................            356,858

Mineral.....................................................................................................            118,299

Nye........................................................................................................... 296,609 Pershing                        96,731

 


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ê1997 Statutes of Nevada, Page 3292 (Chapter 660, SB 254)ê

 

Pershing...................................................................................................              96,731

Storey.......................................................................................................              69,914

White Pine...............................................................................................            158,863

 

      [11.]6.  As used in this section, unless the context otherwise requires:

      (a) [“Local government” includes a fire protection district organized pursuant to chapter 473 of NRS.] “Enterprise district” has the meaning ascribed to it in section 4 of this act.

      (b) “Local government” [does not include the Nevada rural housing authority.] has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 21.5.  NRS 377.080 is hereby amended to read as follows:

      377.080  1.  A local government or special district which receives revenue [from the supplemental city-county relief tax pursuant to NRS 377.057] pursuant to sections 10, 11 and 12 of this act may pledge not more than 15 percent of that revenue to the payment of any general obligation bond or revenue bond issued by the local government pursuant to chapter 350 of NRS.

      2.  Any revenue pledged pursuant to subsection 1 for the payment of a general obligation bond issued by a local government pursuant to chapter 350 of NRS shall be deemed to be pledged revenue of the project for the purposes of NRS 350.020.

      3.  For bonds issued pursuant to this section before July 1, 1998, by a local government, special district or enterprise district:

      (a) A pledge of 15 percent of the revenue distributed pursuant to sections 10, 11 and 12 of this act is substituted for the pledge of 15 percent of the revenue distributed pursuant to NRS 377.057, as that section existed on January 1, 1997; and

      (b) A local government, special district or enterprise district shall increase the percentage specified in paragraph (a) to the extent necessary to provide a pledge to those bonds that is equivalent to the pledge of 15 percent of the amount that would have been received by that local government, special district or enterprise district pursuant to NRS 377.057, as that section existed on January 1, 1997.

      4.  As used in this section, unless the context otherwise requires:

      (a) “Enterprise district” has the meaning ascribed to it in section 4 of this act.

      (b) “Local government” has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 22.  Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.

      Sec. 23.  Except as otherwise provided in section 24 of this act, if one or more local governments assume the functions previously performed by a local government that no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem otherwise allowable to the local government or local governments pursuant to NRS 354.59811 an amount equal to the allowed revenue from taxes ad valorem for the last fiscal year of existence of the local government whose functions were assumed.


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ê1997 Statutes of Nevada, Page 3293 (Chapter 660, SB 254)ê

 

amount equal to the allowed revenue from taxes ad valorem for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem if the increase would result in a decrease in revenue of any local government in the county that does not assume those functions.

      Sec. 24.  1.  For the purpose of calculating the amount to be distributed pursuant to the provisions of sections 10 and 11 of this act from a county’s account in the local government tax distribution fund to a local government, special district or enterprise district after it assumes the functions of another local government, special district or enterprise district:

      (a) Except as otherwise provided in this subsection and subsection 2, the executive director of the department of taxation shall:

             (1) Add the amounts calculated pursuant to subsection 1 or 2 of section 10 of this act for each local government, special district or enterprise district and allocate the combined amount to the local government, special district or enterprise district that assumes the functions; and

             (2) If applicable, add the population and average change in the assessed valuation of taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, except any assessed valuation attributable to the net proceeds of minerals, pursuant to subsection 3 of section 11 of this act to the population and average change in assessed valuation for the local government, special district or enterprise district that assumes the functions.

      (b) If two or more local governments, special districts or enterprise districts assume the functions of another local government, special district or enterprise district, the additional revenue must be divided among the local governments, special districts or enterprise districts that assume the functions on the basis of the proportionate costs of the functions assumed.

The Nevada tax commission shall not allow any increase in the allowed revenue from the taxes contained in the county’s account in the local government tax distribution fund if the increase would result in a decrease in revenue of any local government, special district or enterprise district in the county that does not assume those functions. If more than one local government, special district or enterprise district assumes the functions, the Nevada tax commission shall determine the appropriate amounts calculated pursuant to subparagraphs (1) and (2) of paragraph (a).

      2.  If a city disincorporates, the board of county commissioners of the county in which the city is located must determine the amount the unincorporated town created by the disincorporation will receive pursuant to the provisions of sections 2 to 15, inclusive, of this act.

      3.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in section 4 of this act.


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ê1997 Statutes of Nevada, Page 3294 (Chapter 660, SB 254)ê

 

      (b) “Local government” has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 25.  NRS 354.470 is hereby amended to read as follows:

      354.470  NRS 354.470 to 354.626, inclusive, and sections 23 and 24 of this act may be cited as the Local Government Budget Act.

      Sec. 26.  NRS 354.59813 is hereby amended to read as follows:

      354.59813  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, [when] if the estimate of the revenue available from the supplemental city-county relief tax to the county as determined by the executive director of the department of taxation pursuant to the provisions of [NRS 377.057] subsection 8 of section 11 of this act is less than the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the [state,] county, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied by the governing body of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the [amount] :

      (a) Amount of revenue from supplemental city-county relief tax estimated to be received by [that local government and] the county pursuant to subsection 8 of section 11 of this act; and

      (b) The tax that [it] the county would have been estimated to receive if the estimate for the total revenue available from the tax was equal to the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the [state.] county,

multiplied by the proportion determined for the local government pursuant to subparagraph (2) of paragraph (a) of subsection 3 of section 11 of this act.

      2.  Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.

      3.  As used in this section, “local government” has the meaning ascribed to it in section 6 of this act.

      Sec. 27.  NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose. The duration of the levy must not exceed 30 years. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

      2.  A special election may be held only if the governing body of the local government determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion.


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ê1997 Statutes of Nevada, Page 3295 (Chapter 660, SB 254)ê

 

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

      3.  To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.

      [4.  Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government which no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem and the basic ad valorem revenue, respectively, otherwise allowable to the local government or local governments pursuant to NRS 354.59811 and 377.057, an amount equal to the allowed revenue from taxes ad valorem and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.]

      Sec. 28.  NRS 354.5987 is hereby amended to read as follows:

      354.5987  1.  For the purposes of NRS 354.59811 , [and 377.057,] the allowed revenue from taxes ad valorem [and the basic ad valorem revenue] of any local government:

      (a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both;

      [(b) Which was in existence before July 1, 1989, but for which the basic ad valorem revenue was not established for the fiscal year ending June 30, 1989; or

      (c)]or

      (b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,

must be initially established by the Nevada tax commission.

      2.  Except as otherwise provided in subsections 3 and [8,] 6, if the local government for which the allowed revenue from taxes ad valorem [and the basic ad valorem revenue are] is to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased.


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ê1997 Statutes of Nevada, Page 3296 (Chapter 660, SB 254)ê

 

To achieve this result, the Nevada tax commission shall request the committee on local government finance to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the committee on local government finance shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the committee on local government finance. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:

      (a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of [the basic ad valorem revenue and of] the allowed revenue from taxes ad valorem of that local government; and

      (b) Apply the [percentages] percentage determined pursuant to paragraph (a) to the [basic ad valorem revenue and to the] allowed revenue from taxes ad valorem [, respectively,] and subtract [those amounts respectively from the basic ad valorem revenue and] that amount from the allowed revenue from taxes ad valorem of the predecessor local government.

The [basic ad valorem revenue and] allowed revenue from taxes ad valorem [, respectively,] attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the [basic ad valorem revenue and] allowed revenue from taxes ad valorem [, respectively,] of all of the predecessor local governments.

      3.  [If the local government for which the basic ad valorem revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:

      (a) Using the basic ad valorem revenue of the town replaced by the city, if any, as a basis, set the basic ad valorem revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;

      (b) Reduce the basic ad valorem revenue of the county by the amount set for the city pursuant to paragraph (a);

      (c) Add to the basic ad valorem revenue of the county the basic ad valorem revenue of any town which the city has replaced; and

      (d) Add to the allowed revenue from taxes ad valorem of the county the allowed revenue from taxes ad valorem for any town which the city replaced.

      4.]  If the local government for which the allowed revenue from taxes ad valorem [or the basic ad valorem revenue] is to be established is an unincorporated town which provides a service not previously provided by another local government, and the board of county commissioners has included the unincorporated town in a resolution adopted pursuant to the provisions of NRS 269.5755, the Nevada tax commission shall [:

      (a) Establish the basic ad valorem revenue of the town at an amount which is in the same ratio to the assessed valuation of the town as the combined basic ad valorem revenues are to the combined assessed valuations of all other unincorporated towns included in the common levy authorized pursuant to NRS 269.5755; and

 


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ê1997 Statutes of Nevada, Page 3297 (Chapter 660, SB 254)ê

 

valuations of all other unincorporated towns included in the common levy authorized pursuant to NRS 269.5755; and

      (b) If] , if the unincorporated town [also] does not receive revenue from taxes ad valorem, establish the allowed revenue of the town from taxes ad valorem at an amount which is in the same ratio to the assessed valuation of the town as the combined allowed revenues from taxes ad valorem are to the combined assessed valuations of the other unincorporated towns included in the common levy.

      [5.  The basic ad valorem revenue and]

      4.  The allowed revenue from taxes ad valorem of an unincorporated town which provides a service not previously provided by another local government must be:

      (a) Reduced by 75 percent for the first fiscal year following the fiscal year in which the [basic ad valorem revenue and] allowed revenue from taxes ad valorem [are] is established pursuant to subsection [4;] 3;

      (b) Reduced by 50 percent for the second fiscal year following the fiscal year in which the [basic ad valorem revenue and] allowed revenue from taxes ad valorem [are] is established pursuant to subsection [4;] 3; and

      (c) Reduced by 25 percent for the third fiscal year following the fiscal year in which the [basic ad valorem revenue and] allowed revenue from taxes ad valorem [are] is established pursuant to subsection [4.

      6.]3.

      5.  In any other case, except as otherwise provided in subsection [8,] 6, the allowed revenue from taxes ad valorem of all local governments in the county, determined pursuant to NRS 354.59811, must not be increased, but the total [basic ad valorem revenue and] allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.

      [7.  Any amount of basic ad valorem revenue allowable which is established or changed pursuant to this section must be used to determine a new tax rate for the fiscal year ending June 30, 1981, for each affected local government. This new tax rate must be used to make the distributions among the local governments in the county required by NRS 377.057 for each year following the year in which the amount was established or changed.

      8.]6.  In establishing the allowed revenue from taxes ad valorem of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.

      [9.]7.  As used in this section:

      (a) “Predecessor local government” means a local government which previously performed all or part of a function to be performed by the local government for which the allowed revenue from taxes ad valorem [and the basic ad valorem revenue are] is being established pursuant to subsection 1.

      (b) “Prior cost of performing the function” means the amount expended by a local government to perform a function which is now to be performed by another local government.


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ê1997 Statutes of Nevada, Page 3298 (Chapter 660, SB 254)ê

 

by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.

      Sec. 29.  NRS 354.59874 is hereby amended to read as follows:

      354.59874  Except as otherwise provided in [subsection 4 of NRS 354.5982] sections 23 and 24 of this act and subsection 2 of NRS 354.5987, if one local government takes over a function or provides a service previously performed by another local government pursuant to an agreement between the local governments, upon petition by the participating local governments, the executive director of the department of taxation shall:

      1.  Reduce the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which previously performed the function or provided the service, for the first year the service is provided or the function is performed by an amount equal to the cost of performing the function or providing the service; and

      2.  Increase the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which assumed the performance of the function or the provision of the service, for the first year the service is provided or the function is performed by an amount equal to the amount by which the reduction was made pursuant to subsection 1.

      Sec. 30.  NRS 408.235 is hereby amended to read as follows:

      408.235  1.  There is hereby created the state highway fund.

      2.  Except as otherwise provided in subsection [6] 7 of NRS 482.180, the proceeds from the imposition of any license or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.

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

      4.  Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.

      5.  Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.

      6.  All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.

      Sec. 31.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided in subsection 4 or by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.


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ê1997 Statutes of Nevada, Page 3299 (Chapter 660, SB 254)ê

 

all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

      3.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

      4.  All money received or collected by the department for the basic vehicle privilege tax must be deposited in the local government tax distribution fund, created by section 8 of this act, for credit to the appropriate county pursuant to subsection 6.

      5.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

      [5.]6.  The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City........................ 1.07 percent                Lincoln.................... 3.12 percent

Churchill............................. 5.21 percent                Lyon........................ 2.90 percent

Clark.................................. 22.54 percent                Mineral.................... 2.40 percent

Douglas.............................. 2.52 percent                Nye.......................... 4.09 percent

Elko................................... 13.31 percent                Pershing.................. 7.00 percent

Esmeralda........................... 2.52 percent                Storey........................ .19 percent

Eureka................................. 3.10 percent                Washoe................. 12.24 percent

Humboldt........................... 8.25 percent                White Pine.............. 5.66 percent

Lander................................. 3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

      [6.]7.  As commission to the department for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department shall deduct and withhold 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.

      [7.]8.  When the requirements of this section and NRS 482.181 have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      [8.]9.  If a statute requires that any money in the motor vehicle fund be transferred to another fund or account, the department shall direct the controller to transfer the money in accordance with the statute.

      Sec. 32.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 4, the department shall certify monthly to the state board of examiners the amount of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.


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ê1997 Statutes of Nevada, Page 3300 (Chapter 660, SB 254)ê

 

of the basic and supplemental privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  Any supplemental privilege tax collected for a county must be distributed only to the county, to be used as provided in NRS 371.045 and 371.047.

      3.  The distribution of the basic privilege tax within a county must be made to local governments, [as defined in NRS 354.474, except redevelopment agencies and tax increment areas,] special districts and enterprise districts pursuant to the provisions ofsections 10 and 11 of this act. The distribution of the basic privilege tax must be made to the county school district within the county before the distribution of the basic privilege tax pursuant to the provisions of sections 10 and 11 of this act and in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution . [and at least 5 percent of the basic privilege tax disbursed to a county must be deposited for credit to the county’s general fund. The 5 percent must be calculated in the same manner as the commission calculated for the department of motor vehicles and public safety.] For the purpose of [this subsection,] calculating the amount of basic privilege tax to be distributed to the county school district, the taxes levied by each local government , special district and enterprise district are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service.

      4.  An amount equal to any basic privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

      5.  [Local governments, other than incorporated cities, are entitled to receive no distribution of basic privilege tax if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

      6.]  The department shall make distributions of basic privilege tax directly to [counties,] county school districts . [and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.]

      6.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in section 4 of this act.


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ê1997 Statutes of Nevada, Page 3301 (Chapter 660, SB 254)ê

 

      (b) “Local government” has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 33.  Section 10 of chapter 590, Statutes of Nevada 1995, at page 2187, is hereby amended to read as follows:

       Sec. 10.  [1.]  This section and sections 1 to 7, inclusive, and 9 of this act become effective on July 1, 1995.

       [2.  Section 8 of this act becomes effective on July 1, 2000.]

      Sec. 34.  NRS 354.489 and section 8 of chapter 590, Statutes of Nevada 1995, at page 2183, are hereby repealed.

      Sec. 35.  1.  Notwithstanding the provisions of subsection 1 of section 10 of this act, the executive director of the department of taxation shall, for the initial year of distribution of the money contained in the local government tax distribution fund, allocate to each enterprise district an amount in lieu of the amount allocated pursuant to subsection 1 of section 10 of this act that is equal to the average annual amount that the enterprise district received from the proceeds from each tax included in the fund for the fiscal years ending on June 30, 1996, and June 30, 1997.

      2.  Notwithstanding the provisions of subsection 2 of section 10 of this act, the executive director of the department of taxation shall, for the initial year of distribution of the money contained in the local government tax distribution fund, allocate to each local government and special district that receives, before July 1, 1998, any of the proceeds from a tax which is included in the local government tax distribution fund an amount in lieu of the amount allocated pursuant to the provisions of sections 10 and 11 of this act that is equal to an amount calculated by:

      (a) Multiplying the average of the amount of each tax included in the fund that was distributed to the local government or special district for the fiscal years ending on June 30, 1996, and June 30, 1997, by one plus the percentage change between the:

             (1) Total amounts received by the local governments and special districts located in the same county for the fiscal year ending on June 30, 1997; and

             (2) Average of the total amounts received by the local governments and special districts located in the same county for the fiscal years ending on June 30, 1996, and June 30, 1997; and

      (b) Multiplying the amount calculated in paragraph (a) by one plus the percentage change in the Consumer Price Index (All Items) for the period from July 1, 1997, to December 31, 1997.

      3.  For the purposes of this section:

      (a) For any unincorporated town to which the provisions of subsection 5 of NRS 354.5987, as that section existed on July 1, 1996, applied, the amounts described in subparagraphs (1) and (2) of paragraph (a) of subsection 2 must be adjusted to equal the amounts that could have been received by that unincorporated town but for the provisions of subsection 5 of NRS 354.5987, as that section existed on July 1, 1996.

      (b) The fiscal year ending on June 30, 1999, is the initial year of distribution.


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ê1997 Statutes of Nevada, Page 3302 (Chapter 660, SB 254)ê

 

      4.  For the fiscal year beginning on July 1, 2000, the executive director of the department of taxation shall increase the amount which would otherwise be allocated pursuant to subsection 2 of section 10 of this act to each unincorporated town that was created after July 1, 1980, and before July 1, 1997, for which the Nevada tax commission established the allowed revenue from taxes ad valorem or basic ad valorem revenue pursuant to subsection 4 of NRS 354.5987, as that section existed on July 1, 1996, by an amount equal to the amount of basic privilege tax that would have been distributed to the unincorporated town:

      (a) Pursuant to NRS 482.181, as if the provisions of NRS 482.181 which existed on July 1, 1996, were still in effect; and

      (b) As if the tax rate for the unincorporated town for the fiscal year beginning on July 1, 1980, were a rate equal to the average tax rate levied for the fiscal year beginning on July 1, 1980, by other unincorporated towns included in the same common levy authorized by NRS 269.5755 which were in existence on July 1, 1980.

      5.  The additional amount of money allocated to an unincorporated town pursuant to subsection 4 must continue to be treated as a regular part of the amount allocated to the unincorporated town for the purposes of determining the allocation for the town pursuant to subsection 2 of section 10 of this act for all future years.

      6.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in section 4 of this act.

      (b) “Local government” has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 36.  1.  The governing body of a local government or special district that receives, before July 1, 1998, any portion of the proceeds from a tax which is included in the local government tax distribution fund may submit a request to the executive director of the department of taxation for an adjustment to the amount calculated pursuant to section 35 of this act.

      2.  A governing body that submits a request pursuant to subsection 1 must:

      (a) Submit the request to the executive director of the department of taxation; and

      (b) Provide copies of the request and any information it submits to the executive director in support of the request to each of the other local governments and special districts that receive any portion of the proceeds from a tax which is included in the local government tax distribution fund and which is located within the same county,

on or before December 31, 1997.

      3.  The executive director of the department of taxation shall review a request submitted pursuant to subsection 1 and submit his findings to the committee on local government finance. In reviewing the request, the executive director shall:


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

ê1997 Statutes of Nevada, Page 3303 (Chapter 660, SB 254)ê

 

      (a) Analyze the revenues available to the local government or special district in the fiscal year ending on June 30, 1981, including, without limitation:

             (1) The rate of property taxes levied for the fiscal year ending on June 30, 1981;

             (2) The change in the rate of property taxes for the 5 years immediately preceding the fiscal year ending on June 30, 1981; and

             (3) The change in the assessed valuation of the taxable property within the local government or special district over the 5 years immediately preceding the fiscal year ending on June 30, 1981, but excluding any assessed valuation attributable to the net proceeds of minerals; and

      (b) Consider:

             (1) The effect of an increase in the amount calculated pursuant to the provisions of sections 10 and 11 of this act for the local government or special district on the amounts that the other local governments and special districts that are located within the same county will receive from the local government tax distribution fund;

             (2) Any other factors that may have caused the local government or special district to experience growth or other effects which are not reflected in the formula for distribution for the supplemental city-county relief tax set forth in NRS 377.057 as that formula exists before July 1, 1998; and

             (3) The comparison of the amount calculated pursuant to the provisions of sections 10 and 11 of this act for the local government or special district to the amounts calculated pursuant to provisions of sections 10 and 11 of this act for the other local governments and special districts that are located in the same county.

The executive director shall not base his findings solely on the fact that a local government or special district did not levy a rate of property tax equal in rate to those levied by other similar local governments or special districts for the fiscal year ending on June 30, 1981.

      4.  The committee on local government finance shall review the findings submitted by the executive director of the department of taxation pursuant to subsection 3. If the committee determines that the adjustment to the amount calculated pursuant to subsection 2 of section 10 of this act is appropriate, it shall submit a recommendation to the Nevada tax commission that sets forth the amount of the recommended adjustment. If the committee determines that the adjustment is not appropriate, that decision is not subject to review by the Nevada tax commission.

      5.  The Nevada tax commission shall schedule a public hearing within 30 days after the committee on local government finance submits its recommendation. The Nevada tax commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The executive director of the department of taxation shall provide copies of all documents relevant to the adjustment recommended by the committee on local government finance to the governing body of each local government and special district that is located in the same county as the local government or special district that requests the adjustment.

      6.  If, after the public hearing, the Nevada tax commission determines that the recommended adjustment is appropriate, it shall order the executive director of the department of taxation to adjust the amount calculated pursuant to the provisions of sections 10 and 11 of this act.


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

ê1997 Statutes of Nevada, Page 3304 (Chapter 660, SB 254)ê

 

director of the department of taxation to adjust the amount calculated pursuant to the provisions of sections 10 and 11 of this act.

      7.  The executive director of the department of taxation, the committee on local government finance and the Nevada tax commission shall not consider any request for an adjustment to the amount calculated pursuant to the provisions of sections 10 and 11 of this act for a local government or special district that is submitted after December 31, 1997.

      8.  As used in this section:

      (a) “Local government” has the meaning ascribed to it in section 6 of this act.

      (b) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 37.  1.  On or before January 1, 1998, the executive director of the department of taxation shall:

      (a) Notify each governmental entity he determines is an enterprise district pursuant to section 12.5 of this act of that determination; and

      (b) Calculate the amount each enterprise district will receive pursuant to subsection 1 of section 10 of this act.

      2.  Any governmental entity that the executive director determines is an enterprise district pursuant to section 12.5 of this act may appeal that determination to the Nevada tax commission on or before April 1, 1998. The governing body of the governmental entity must notify each of the other local governments and special districts that is located in the same county of the appeal.

      3.  The Nevada tax commission shall convene a hearing on the appeal and issue an order confirming or reversing the decision of the executive director on or before July 1, 1998.

      4.  As used in this section:

      (a) “Enterprise district” has the meaning ascribed to it in section 4 of this act.

      (b) “Local government” has the meaning ascribed to it in section 6 of this act.

      (c) “Special district” has the meaning ascribed to it in section 7 of this act.

      Sec. 38.  1.  This section and sections 1 to 7, inclusive, 12, 12.5, 13 and 37 of this act become effective upon passage and approval.

      2.  Sections 8 to 11, inclusive, and 14 to 36, inclusive, of this act become effective on July 1, 1998.

________

 


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

ê1997 Statutes of Nevada, Page 3305ê

 

CHAPTER 661, SB 253

Senate Bill No. 253–Committee on Government Affairs

CHAPTER 661

AN ACT relating to the state legislature; creating a legislative committee to study the distribution among local governments of revenue from state and local taxes; providing the powers of the committee; 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 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, “committee” means a legislative committee to study the distribution among local governments of revenue from state and local taxes.

      Sec. 3.  1.  There is hereby established a legislative committee to study the distribution among local governments of revenue from state and local taxes consisting of:

      (a) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on government affairs during the immediately preceding session of the legislature;

      (b) Two members appointed by the majority leader of the senate from the membership of the senate standing committee on taxation during the immediately preceding session of the legislature;

      (c) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on government affairs during the immediately preceding session of the legislature; and

      (d) Two members appointed by the speaker of the assembly from the membership of the assembly standing committee on taxation during the immediately preceding session of the legislature.

      2.  The committee shall consult with an advisory committee consisting of the executive director of the department of taxation and 10 members who are representative of various geographical areas of the state and are appointed for terms of 2 years commencing on July 1 of each odd-numbered year as follows:

      (a) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada League of Cities;

      (b) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada Association of Counties;

      (c) One member of the committee on local government finance created pursuant to NRS 266.0165 appointed by the Nevada School Trustees Association;

      (d) Three members involved in the government of a county appointed by the Nevada Association of Counties;

      (e) Three members involved in the government of an incorporated city appointed by the Nevada League of Cities; and

      (f) One member who is a member of a board of trustees for a general improvement district appointed by the legislative commission.


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

ê1997 Statutes of Nevada, Page 3306 (Chapter 661, SB 253)ê

 

The members of the advisory committee are nonvoting members of the committee. When meeting as the advisory committee, the members shall comply with the provisions of chapter 241 of NRS.

      3.  The legislative members of the committee shall elect a chairman from one house of the legislature and a vice chairman from the other house. Each chairman and vice chairman holds office for a term of 2 years commencing on July 1 of each odd-numbered year.

      4.  Any member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the next session of the legislature convenes.

      5.  Vacancies on the committee must be filled in the same manner as original appointments.

      6.  The committee shall report annually to the legislative commission concerning its activities and any recommendations.

      Sec. 4.  1.  The members of the committee shall meet throughout each year at the times and places specified by a call of the chairman or a majority of the committee.

      2.  The director of the legislative counsel bureau or a person he designates shall act as the nonvoting recording secretary.

      3.  The committee shall prescribe regulations for its own management and government.

      4.  Except as otherwise provided in subsection 5, five voting members of the committee constitute a quorum.

      5.  Any recommended legislation proposed by the committee must be approved by a majority of the members of the senate and by a majority of the members of the assembly appointed to the committee.

      6.  Each legislative member of the committee, except during a regular or special session of the legislature, and any member of the advisory committee who is not employed by a local government is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. The salaries and expenses paid pursuant to this subsection and the expenses of the committee must be paid from the legislative fund.

      7.  A local government that employs a member of the advisory committee shall pay the regular salary, per diem allowance and travel expenses of that member for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee.

      Sec. 5.  1.  The committee shall:

      (a) Review the laws relating to the distribution of revenue generated by state and local taxes. In conducting the review, the committee may consider the purposes for which the various state and local taxes were imposed, the actual use of the revenue collected from the various state and local taxes and any relief to the taxpayers from the burden of the various state and local taxes that may result from any possible recommendations of the committee.


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

ê1997 Statutes of Nevada, Page 3307 (Chapter 661, SB 253)ê

 

      (b) Study whether removing the authority of the board of county commissioners of Washoe County to impose a certain additional vehicle privilege tax is a prudent act which is in the best interests of this state.

      2.  In conducting its review of the laws relating to the distribution of revenue generated by state and local taxes, the committee may review:

      (a) The distribution of the revenue from:

             (1) The local school support tax imposed by chapter 374 of NRS;

             (2) The tax on aviation fuel and motor vehicle fuel imposed by or pursuant to chapter 365 of NRS;

             (3) The tax on intoxicating liquor imposed by chapter 369 of NRS;

             (4) The tax on fuel imposed pursuant to chapter 373 of NRS;

             (5) The tax on tobacco imposed by chapter 370 of NRS;

             (6) The vehicle privilege tax imposed by or pursuant to chapter 371 of NRS;

             (7) The tax imposed on gaming licensees by or pursuant to chapter 463 of NRS;

             (8) Property taxes imposed pursuant to chapter 361 of NRS;

             (9) The tax on the transfer of real property imposed by or pursuant to chapter 375 of NRS; and

             (10) Any other state or local tax.

      (b) The proper crediting of gasoline tax revenue if the collection is moved to the terminal rack level.

      3.  The committee may:

      (a) Conduct investigations and hold hearings in connection with its review and study;

      (b) Contract with one or more consultants to obtain technical advice concerning the study conducted pursuant to section 5.5 of this act.

      (c) Apply for any available grants and accept any gifts, grants or donations and use any such gifts, grants or donations to aid the committee in carrying out its duties pursuant to this chapter;

      (d) Direct the legislative counsel bureau to assist in its research, investigations, review and study; and

      (e) Recommend to the legislature, as a result of its review and study, any appropriate legislation.

      Sec. 5.5.  1.  The committee shall appoint a subcommittee to conduct a study of the cost to the counties and incorporated cities in this state of maintaining highways, roads and streets and the practices of the counties and incorporated cities in maintaining those highways, roads and streets.

      2.  The subcommittee shall:

      (a) Identify the practices and procedures used to maintain the highways, roads and streets in this state or in any other state;

      (b) Develop a data base for a uniform system of maintenance of highways, roads and streets by counties and incorporated cities;

      (c) Identify procedures for developing that data base;

      (d) Develop computer software for use in support of those procedures;

      (e) Prepare a manual that sets forth those procedures; and

      (f) Determine the average cost per mile of the highways, roads and streets maintained by the counties and incorporated cities in this state.


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

ê1997 Statutes of Nevada, Page 3308 (Chapter 661, SB 253)ê

 

      3.  As soon as practicable after July 1, 1997, the director of the legislative counsel bureau shall determine the cost of the study and notify the executive director of the department of taxation of the cost of the study. The cost of the study must not exceed $250,000.

      4.  Upon receipt of the notice required pursuant to subsection 3, the executive director shall prorate the cost of the study for each month of the 1997-98 fiscal year among each of the counties and cities in the proportion that the amount allocated to a county or city each month pursuant to NRS 365.550 bears to the total amount allocated to all the counties and cities for that month. After determining each month the prorated cost for each county and city, the executive director shall:

      (a) Withhold the prorated amount from the amount allocated to the county or city for that month pursuant to NRS 365.550; and

      (b) Notify the state controller, in writing, of the amount withheld.

      5.  Upon receipt of the notice required pursuant to subsection 4, the state controller shall transfer the amount specified in the notice to the legislative fund.

      6.  The money transferred to the legislative fund pursuant to subsection 5 is hereby authorized for expenditure by the director of the legislative counsel bureau to pay the cost of the study conducted pursuant to this section.

      7.  The committee shall, not later than November 1, 1998, submit a report of the findings of the subcommittee, including any recommended legislation, to the director of the legislative counsel bureau for transmittal to the 70th session of the Nevada legislature.

      Sec. 6.  1.  In conducting the investigations and hearings of the committee:

      (a) Any member of the committee may administer oaths.

      (b) The chairman of the committee may cause the deposition of witnesses, residing either within or outside of the state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The chairman of the committee may issue subpoenas to compel the attendance of witnesses and the production of books, papers or documents.

      2.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the chairman of the committee may report to the district court by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books, papers or documents;

      (b) That the witness has been subpoenaed by the committee pursuant to this section; and

      (c) That the witness has failed or refused to attend or produce the books, papers or documents required by the subpoena before the committee that is named in the subpoena, or has refused to answer questions propounded to him,

and asking for an order of the court compelling the witness to attend and testify or produce the books, papers or documents before the committee.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books, papers or documents before the committee.


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

ê1997 Statutes of Nevada, Page 3309 (Chapter 661, SB 253)ê

 

court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books, papers or documents before the committee. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books, papers or documents. Failure to obey the order constitutes contempt of court.

      Sec. 7.  Each witness who appears before the committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record of this state. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the secretary and chairman of the committee.

      Sec. 8.  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. 9.  This act becomes effective on July 1, 1997, and expires by limitation on July 1, 2001.

________

 

CHAPTER 662, SB 233

Senate Bill No. 233–Committee on Taxation

CHAPTER 662

AN ACT relating to taxation; authorizing a partial abatement of the property taxes on the personal property of certain new or expanded businesses; requiring the department of taxation to investigate certain persons claiming certain abatements, exemptions or deferrals of taxes; 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 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  During the course of an investigation undertaken pursuant to NRS 360.130 of a person claiming:

      (a) A partial abatement of property taxes pursuant to section 4 of this act;

      (b) An exemption from taxes upon the privilege of doing business in this state pursuant to NRS 364A.170;

      (c) A deferral of the payment of taxes on the sale of capital goods pursuant to NRS 372.397 or 374.402; or

      (d) An abatement of taxes on the gross receipts from the sale, storage, use or other consumption of eligible machinery or equipment pursuant to NRS 374.357, the department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement, exemption or deferral that the person is claiming.


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

ê1997 Statutes of Nevada, Page 3310 (Chapter 662, SB 233)ê

 

the department shall investigate whether the person meets the eligibility requirements for the abatement, partial abatement, exemption or deferral that the person is claiming.

      2.  If the department finds that the person does not meet the eligibility requirements for the abatement, exemption or deferral which the person is claiming, the department shall report its findings to the commission on economic development and take any other necessary actions.

      Sec. 2.  Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  It is hereby declared to be the purpose and policy of the legislature in enacting section 4 of this act:

      1.  To encourage employers whose goals are consistent with the goals of the commission and the community concerning industrial development and diversification and who provide an opportunity to employees to earn higher paying salaries to locate and expand their businesses in this state by providing a partial abatement from taxes imposed on personal property that encourages industrial development and investment;

      2.  To expand the economic diversification of this state;

      3.  To provide for the proper evaluation of the impact of such an abatement in order to ensure that the communities in which such businesses expand or relocate are not adversely affected by the costs of services associated with the relocation and expansion of those businesses; and

      4.  To attract industry that utilizes innovations, processes or practices that have a positive impact on the conservation, preservation or protection of the environment and the natural resources of the area.

      Sec. 4.  1.  A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter on the personal property of the new or expanded business.

      2.  The commission on economic development may approve an application for a partial abatement if the commission makes the following determinations:

      (a) The goals of the business are consistent with the goals of the commission and the community concerning industrial development and diversification.

      (b) The abatement is a significant factor in the decision of the applicant to locate or expand a business in this state or the appropriate affected local government determines that the abatement will be beneficial to the economic development of the community.

      (c) The average hourly wage which will be paid by the new or expanded business to its employees in this state is at least 125 percent of the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

      (d) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees.


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

ê1997 Statutes of Nevada, Page 3311 (Chapter 662, SB 233)ê

 

      (e) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission pursuant to subsection 8.

      (f) A capital investment for personal property will be made to locate or expand the business in Nevada which is at least:

             (1) If the personal property directly related to the establishment of the business in this state is primarily located in a county whose population:

                   (I) Is 100,000 or more, $50,000,000.

                   (II) Is less than 100,000, $20,000,000.

             (2) If the personal property directly related to the expansion of the business is primarily located in a county whose population:

                   (I) Is 100,000 or more, $10,000,000.

                   (II) Is less than 100,000, $4,000,000.

      (g) The business will create at least the following number of new, full-time and permanent jobs in the State of Nevada by the fourth quarter that it is in operation:

             (1) If a new business will be primarily located in a county whose population:

                   (I) Is 100,000 or more, 100 jobs.

                   (II) Is less than 100,000, 35 jobs.

             (2) If an expanded business will be primarily located in a county whose population:

                   (I) Is 100,000 or more, and the business has at least 100 employees in this state, 20 jobs. An expanded business primarily located in such a county that has less than 100 employees is not eligible for a partial abatement pursuant to this section.

                   (II) Is less than 100,000, and the business has at least 35 employees in this state, 10 jobs. An expanded business primarily located in such a county that has less than 35 employees is not eligible for a partial abatement pursuant to this section.

      (h) For the expansion of a business primarily located in a county whose population:

             (1) Is 100,000 or more, the book value of the assets of the business in this state is at least $20,000,000.

             (2) Is less than 100,000, the book value of the assets of the business in this state is at least $5,000,000.

      (i) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (j) The proposed abatement has been approved by the governing body of the appropriate affected local government as determined pursuant to the regulations adopted pursuant to subsection 8. In determining whether to approve a proposed abatement, the governing body shall consider whether the taxes to be paid by the business are sufficient to pay for any investment required to be made by the local government for services associated with the relocation or expansion of the business, including, without limitation, costs related to the construction and maintenance of roads, sewer and water services, fire and police protection and the construction and maintenance of schools.


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

ê1997 Statutes of Nevada, Page 3312 (Chapter 662, SB 233)ê

 

      (k) The applicant has executed an agreement with the commission which states that the business will continue in operation in Nevada for 10 or more years after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5 and will continue to meet the eligibility requirements contained in this subsection. The agreement must bind the sucessors in interest of the business for the required period.

      3.  An applicant shall, upon the request of the executive director of the commission on economic development, furnish him with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      4.  The percentage of the abatement must be 50 percent of the taxes payable each year.

      5.  If an application for a partial abatement is approved, the commission on economic development shall immediately forward a certificate of eligibility for the abatement to:

      (a) The department; and

      (b) The county assessor of each county in which personal property directly related to the establishment or expansion of the business will be located.

      6.  Upon receipt by the department of taxation of the certificate of eligibility, the taxpayer is eligible for an abatement from the tax imposed by this chapter for 10 years:

      (a) For the expansion of a business, on all personal property of the business that is located in Nevada and directly related to the expansion of the business in this state.

      (b) For a new business, on all personal property of the business that is located in Nevada and directly related to the establishment of the business in this state.

      7.  If a business for which an abatement has been approved is not maintained in this state in accordance with the agreement required in subsection 2, for at least 10 years after the commission on economic development approved the abatement, the person who applied for the abatement shall repay to the county treasurer or treasurers who would have received the taxes but for the abatement the total amount of all taxes that were abated pursuant to this section. The person who applied for the abatement shall pay interest on the amount due at the rate of 10 percent per annum for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made if the abatement had not been granted until the date of the actual payment of the tax.

      8.  A county treasurer:

      (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.


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

ê1997 Statutes of Nevada, Page 3313 (Chapter 662, SB 233)ê

 

      9.  The commission on economic development shall adopt regulations necessary to carry out the provisions of this section. The regulations must include, but not be limited to:

      (a) A method for determining the appropriate affected local government to approve a proposed abatement and the procedure for obtaining such approval; and

      (b) Minimum requirements for benefits that a business applying for a partial abatement must offer to its employees to be approved for the partial abatement.

      10.  The department of taxation shall adopt regulations concerning how county assessors shall administer partial abatements approved pursuant to this section.

      11.  An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 5.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 1997, for all other purposes.

________

 

CHAPTER 663, SB 318

Senate Bill No. 318–Committee on Judiciary

CHAPTER 663

AN ACT relating to gaming; making various changes concerning the use of televised broadcasts; authorizing the state gaming control board to permit an establishment to relocate and transfer its license to a new location in certain circumstances; providing that certain information relating to applicants and licensees is confidential; prohibiting certain acts relating to wagering; revising certain provisions relating to off-track pari-mutuel wagering; providing penalties; 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 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 2.5 and 3 of this act.

      Sec. 2.  “Televised broadcast” means an audio and video transmission of a race, or series of races, as it occurs at a track that is broadcast by a television broadcast station or transmitted by a cable television system or a satellite television distribution service.

      Sec. 2.5.  An operator of a race book licensed in this state may use a televised broadcast to maintain and operate the race book, including, without limitation, the determination of and payoffs on wagers.

      Sec. 3.  1.  Notwithstanding any other provision of law and except as otherwise provided in this section, the board may, in its sole and absolute discretion, allow a licensee to move the location of its establishment and transfer its restricted or nonrestricted license to:


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

ê1997 Statutes of Nevada, Page 3314 (Chapter 663, SB 318)ê

 

      (a) A location within a redevelopment zone, if the redevelopment zone is located in the same local governmental jurisdiction as the existing location of the establishment; or

      (b) Any other location, if the move and transfer are necessary because the existing location of the establishment has been taken by the state or a local government through condemnation or eminent domain.

      2.  The board shall not approve a move and transfer pursuant to subsection 1 unless, before the move and transfer, the licensee receives all necessary approvals from the local government having jurisdiction over the location to which the establishment wants to move and transfer its license.

      3.  Before a move and transfer pursuant to subsection 1, the board may require the licensee to apply for a new license pursuant to the provisions of this chapter.

      4.  The provisions of subsection 1 do not apply to an establishment that is:

      (a) A resort hotel; or

      (b) Located in a city which has established one or more gaming enterprise districts.

      Sec. 3.3.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 3.7.  NRS 463.0147 is hereby amended to read as follows:

      463.0147  “Disseminator” means any person who furnishes an operator of a race book [, sports pool or gambling game] who is licensed in this state with information relating to horse racing or other racing which is used to determine winners of or payoffs on wagers accepted by the operator. The term does not include a [person who provides a] television broadcast station, or operator of a cable television system or satellite distribution service that provides a televised broadcast . [without charge to any person who receives the broadcast.]

      Sec. 4.  NRS 463.120 is hereby amended to read as follows:

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

      2.  The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

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

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

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


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

ê1997 Statutes of Nevada, Page 3315 (Chapter 663, SB 318)ê

 

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

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

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

      (e) Prepared or obtained by an agent or employee of the board or commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of this chapter,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the board or commission.

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

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

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

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

      9.  The Nevada gaming commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The commission shall establish a master file containing the information removed from its official records by this section.

      Sec. 5.  NRS 463.240 is hereby amended to read as follows:

      463.240  1.  No county, [incorporated] city or town [, or unincorporated town] may grant a [license for] gaming license to any applicant unless the applicant holds a valid state gaming license issued by the commission , [;] but the issuance by the commission of the state gaming license imposes no requirements upon any such county, city or town to issue a [gambling] gaming license to the applicant.


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

ê1997 Statutes of Nevada, Page 3316 (Chapter 663, SB 318)ê

 

      2.  Any information that is supplied to a county, city or town by an applicant or a licensee shall be deemed to be confidential if the information is confidential pursuant to NRS 463.120.

      Sec. 5.5.  NRS 463.430 is hereby amended to read as follows:

      463.430  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning racing, when the information is to be used to maintain and operate any gambling game and particularly any race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.

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

      (a) Any person who provides a televised broadcast which is presented without charge to any person who receives the broadcast.

      (b) Any licensee who has been issued a gaming license and receives from or supplies to any affiliated licensee, by means of a computerized system for bookmaking used by the licensee and the affiliated licensee, information concerning racing.

      (c) An operator of a race book licensed in this state that uses a televised broadcast to maintain and operate the race book, including, without limitation, the determination of or payoffs on wagers.

      3.  For the purposes of this section:

      (a) Any broadcasting or display of information concerning racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a race book.

      (b) “Affiliated licensee” means any person to whom a valid gaming license or pari-mutuel wagering license has been issued that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a licensee.

      Sec. 6.  Chapter 464 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is licensed to engage in off-track pari-mutuel wagering shall not:

      (a) Accept from a patron less than the full face value of an off-track pari-mutuel wager;

      (b) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off-track pari-mutuel wager; or

      (c) Increase the payoff of, or pay a bonus on, a winning off-track pari-mutuel wager.

      2.  A person who is licensed to engage in off-track pari-mutuel wagering and who:

      (a) Attempts to evade the provisions of subsection 1 by offering to a patron a wager that is not posted and offered to all patrons; or

      (b) Otherwise violates the provisions of subsection 1,

is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.


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ê1997 Statutes of Nevada, Page 3317 (Chapter 663, SB 318)ê

 

      3.  The Nevada gaming commission shall adopt regulations to carry out the provisions of this section.

      Sec. 7.  NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada gaming commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada gaming commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by the licensee at the times determined by the Nevada gaming commission and only:

      (a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada gaming commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada or from states in which such wagering is legal.

      4.  The regulations of the Nevada gaming commission may include, without limitation:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada gaming commission.

      5.  The Nevada gaming commission may appoint [a] an off-track pari-mutuel wagering committee consisting of nine persons who are licensed to engage in off-track pari-mutuel wagering. [The commission may grant to that committee] If the commission appoints such a committee, it shall appoint to the committee:

      (a) Five members from a list of nominees provided by the state association of gaming establishments whose members collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the preceding year;

      (b) Two members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

      (c) Two other members.

If a vacancy occurs in a position on the committee for any reason, including, but not limited to, termination of a member, the commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.


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ê1997 Statutes of Nevada, Page 3318 (Chapter 663, SB 318)ê

 

      6.  If the Nevada gaming commission appoints an off-track pari-mutuel wagering committee pursuant to subsection 5, the commission shall:

      (a) Grant to the off-track pari-mutuel wagering committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

      [(a)] (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

      [(b)] (2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

      (b) Require the off-track pari-mutuel wagering committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the committee has negotiated to bring into or provide within this state.

      [6.] 7.  The Nevada gaming commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 8.  NRS 464.100 is hereby amended to read as follows:

      464.100  [The] Except as otherwise provided in section 6 of this act, a violation of any of the provisions of this chapter or the regulations [promulgated hereunder] adopted pursuant to this chapter is a misdemeanor.

      Sec. 9.  Chapter 465 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 13, inclusive, of this act.

      Sec. 10.  As used in sections 10 to 13, inclusive, of this act, unless the context otherwise requires, “medium of communication” includes, but is not limited to, mail, telephone, television, telegraph, facsimile, cable, wire, the Internet or any other similar medium.

      Sec. 11.  1.  Except as otherwise provided in section 13 of this act, a person, alone or with others, shall not knowingly, within or outside of this state:

      (a) Accept or receive, directly or indirectly, through any medium of communication a wager from another person who is physically present within this state; or

      (b) Allow a lessee, agent or employee to accept or receive, directly or indirectly, through any medium of communication a wager from another person who is physically present within this state.

      2.  If a person engages in conduct in violation of subsection 1 and the person is outside of this state at the time of the offense:

      (a) The offense shall be deemed to commence outside of this state;

      (b) The offense shall be deemed to be consummated within this state; and

      (c) The person may be prosecuted within this state pursuant to the provisions of NRS 171.015.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.


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ê1997 Statutes of Nevada, Page 3319 (Chapter 663, SB 318)ê

 

      Sec. 12.  1.  Except as otherwise provided in section 13 of this act, a person, alone or with others, shall not knowingly:

      (a) From within this state, place, send, transmit or relay through a medium of communication a wager to another person or an establishment that is located within or outside of this state; or

      (b) From outside of this state, place, send, transmit or relay through a medium of communication a wager to another person or an establishment that is located within this state.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 13.  The provisions of sections 11 and 12 of this act do not apply to a wager placed by a person for his own benefit or, without compensation, for the benefit of another that is accepted or received by, placed with, or sent, transmitted or relayed to:

      1.  A race book or sports pool that is licensed pursuant to chapter 463 of NRS, if the wager is accepted or received within this state and otherwise complies with all other applicable laws and regulations concerning wagering;

      2.  A person who is licensed to engage in off-track pari-mutuel wagering pursuant to chapter 464 of NRS, if the wager is accepted or received within this state and otherwise complies with subsection 3 of NRS 464.020 and all other applicable laws and regulations concerning wagering; or

      3.  Any other person or establishment that is licensed to engage in wagering pursuant to Title 41 of NRS, if the wager is accepted or received within this state and otherwise complies with all other applicable laws and regulations concerning wagering.

      Sec. 13.3.  Section 4 of Senate Bill No. 345 of this session is hereby amended to read as follows:

       Sec. 4.  NRS 463.013 is hereby amended to read as follows:

       463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, [and] section 2 of [this act] Senate Bill No. 318 of this session and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 14.  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. 15.  1.  Any committee heretofore created by the Nevada gaming commission pursuant to NRS 464.020 before the effective date of this act may be dissolved by the commission upon appointment of a committee pursuant to NRS 464.020 after the effective date of this act.

      2.  Any valid agreement that was executed by such a committee pursuant to NRS 464.020 before the effective date of this act is enforceable, and if the off-track pari-mutuel wagering committee is established pursuant to the amendatory provisions of section 7 of this act, the off-track pari-mutuel wagering committee shall be deemed to have assumed all rights and responsibilities associated with such an agreement.

      Sec. 16.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.


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ê1997 Statutes of Nevada, Page 3320 (Chapter 663, SB 318)ê

 

      Sec. 16.5.  The amendatory provisions of sections 2, 2.5, 3.3, 3.7 and 5.5 of this act become effective when the Nevada gaming commission adopts regulations to govern the use of televised broadcasts which ensure the integrity of results of races, and upon a recommendation of the state gaming control board, and expire by limitation on December 31, 1997, if such regulations have not been adopted.

      Sec. 17.  This act becomes effective upon passage and approval.

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CHAPTER 664, SB 450

Senate Bill No. 450–Senators Augustine, Adler, Jacobsen, McGinness, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Townsend, Washington and Wiener

CHAPTER 664

AN ACT relating to child care; reducing the amount of the business tax for a business that provides for the care of the children of certain employees; providing immunity from civil liability to an employer for certain acts relating to child care; 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 364A.150 is hereby amended to read as follows:

      364A.150  1.  The total number of equivalent full-time employees employed by a business in a quarter must be calculated by dividing the total number of hours all employees have worked during the quarter by 468.

      2.  To determine the total number of hours all employees have worked during the quarter, the business must add the total number of hours worked by full-time employees based in this state during the quarter to the total number of hours worked by part-time employees based in this state during the quarter and to the total number of hours worked in this state by employees described in subsection 6. A “full-time employee” is a person who is employed to work at least 36 hours per week. All other employees are part-time employees. An occasional reduction in the number of hours actually worked in any week by a particular employee, as the result of sickness, vacation or other compensated absence, does not affect his status for the purposes of this section if his regular hours of work are 36 or more per week. All hours for which a part-time employee is paid must be included.

      3.  [The] Except as otherwise provided in subsection 7, the total number of hours worked by full-time employees of a business during the quarter may be calculated by:

      (a) Determining from the records of the business the number of hours each full-time employee has worked during the quarter up to a maximum of 468 hours per quarter and totaling the results; or

      (b) Multiplying 7.2 hours by the number of days each full-time employee was employed by the business up to a maximum of 65 days per quarter and totaling the results.


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

ê1997 Statutes of Nevada, Page 3321 (Chapter 664, SB 450)ê

 

      4.  [The] Except as otherwise provided in subsection 7, the total number of hours worked by part-time employees of a business during the quarter must be calculated by determining from the records of the business the number of hours each part-time employee has worked during the quarter and totaling the results.

      5.  The total number of hours all employees have worked during the quarter must be calculated excluding the hours worked by a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.

      6.  To determine the total number of hours all employees have worked during the quarter, in the case of a business which employs a natural person at a base or business location outside Nevada, but directs that person to perform at least some of his duties in Nevada, the calculation must include the total number of hours actually worked by that person in Nevada during the quarter. To calculate the number of hours worked in Nevada, the formula in paragraph (b) of subsection 3 must be used for full-time employees, and the formula in subsection 4 must be used for part-time employees.

      7.  Except as otherwise provided in subsection 8, if a business employs in a calendar quarter a person whose monthly income for that calendar quarter is 150 percent or less of the federally designated level signifying poverty, the business may exclude the total number of hours which the employee worked during that calendar quarter in calculating the total number of hours worked by employees of the business during the quarter if the business provided to the employee for the whole calendar quarter:

      (a) Free child care for the children of the employee at an on-site child care facility; or

      (b) One or more vouchers for use by the employee to pay the total cost of child care for the calendar quarter at a licensed child care facility that is within a reasonable distance from the business.

      8.  The number of hours excluded pursuant to subsection 7 must not reduce the total tax liability of the business by more than 50 percent.

      9.  As used in this section, the term “on-site child care facility” has the meaning ascribed to it in section 4 of this act.

      Sec. 2.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      If an employer:

      1.  Pays money directly to an employee for use by the employee to pay all or a portion of the cost of child care and the employee selects the child care facility independent of and without any input from the employer;

      2.  Provides to an employee one or more vouchers for use by the employee to pay all or a portion of the cost of child care at a child care facility licensed and in good standing pursuant to chapter 432A of NRS;

      3.  Directs or refers an employee to a child care facility licensed and in good standing pursuant to chapter 432A of NRS; or

      4.  Negotiates a discount or other benefit for an employee at a child care facility licensed and in good standing pursuant to chapter 432A of NRS, the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence.


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

ê1997 Statutes of Nevada, Page 3322 (Chapter 664, SB 450)ê

 

the employer is immune from civil liability for damages arising from or relating to the child care provided to the children of the employee if the damages are caused by an act or omission that constitutes simple negligence.

      Sec. 3.  Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  “On-site child care facility” means an establishment that:

      1.  Is licensed pursuant to this chapter;

      2.  Provides care to the children of employees of a business at the place of employment;

      3.  Provides care on a temporary or permanent basis, during the day or overnight, to five or more children who are under the age of 18 years and who are not related within the third degree of consanguinity or affinity to an owner or manager of the business; and

      4.  Is owned, operated, subsidized, managed, contracted for or staffed by the business.

      Sec. 5.  If an on-site child care facility does not have sufficient outdoor play space to comply with the requirements established by the board for licensure, the board shall allow the facility to substitute an equal amount of indoor play space for the otherwise required amount of outdoor play space.

      Sec. 6.  NRS 432A.020 is hereby amended to read as follows:

      432A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.021 to 432A.028, inclusive, and section 4 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 432A.024 is hereby amended to read as follows:

      432A.024  1.  “Child care facility” means:

      (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children; [or]

      (b) An on-site child care facility; or

      (c) An outdoor youth program.

      2.  “Child care facility” does not include:

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

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

      (c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity.

      Sec. 8.  This act becomes effective on January 1, 1998.

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