LAWS OF THE STATE OF NEVADA

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ê1999 Statutes of Nevada, Page 1ê

 

 

LAWS OF THE STATE OF NEVADA

Passed at the

SEVENTIETH SESSION OF THE LEGISLATURE

1999

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Raggio and Titus

 

CHAPTER 1

 

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

 

[Approved February 2, 1999]

 

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

 

    Section 1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $10,000,000.

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

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CHAPTER 2, AB 176

Assembly Bill No. 176–Committee on Ways and Means

 

CHAPTER 2

 

AN ACT relating to state financial administration; making appropriations to the benefit services fund from the state general fund and the state highway fund; suspending indefinitely the operation of the Committee on Benefits and transferring its powers and duties to the Governor; and providing other matters properly relating thereto.

 

[Approved February 19, 1999]

 

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 benefit services fund, created pursuant to NRS 287.0435, the sum of $9,000,000 for anticipated expenses of the fund for fiscal year 1999.

    Sec. 2.  There is hereby appropriated from the state highway fund to the benefit services fund, created pursuant to NRS 287.0435, the sum of $1,000,000 for anticipated expenses of the fund for fiscal year 1999.

    Sec. 3.  1.  Notwithstanding the provisions of NRS 287.041 to 287.049, inclusive, to the contrary, the operation of the Committee on Benefits, created by NRS 287.041, is hereby indefinitely suspended and the committee shall not transact any business or hold any meetings after the effective date of this act.


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ê1999 Statutes of Nevada, Page 2 (Chapter 2, AB 176)ê

 

    2.  On and after the effective date of this act, the Governor, or his designee, shall administer the provisions of NRS 287.041 to 287.049, inclusive. For this purpose, the Governor or his designee are hereby granted all powers necessary and proper to ensure the efficient and effective operation of the plan of self-insurance for state officers and employees and all other programs and benefits authorized by NRS 287.041 to 287.049, inclusive, and shall act on behalf of the Committee on Benefits in all matters relating to any contracts or other matters to which the committee is a party.

    3.  The State of Nevada is liable for indemnification of the Governor and his designee against liability relating to the administration of the state’s program of group insurance, subject to the limitations specified in NRS 41.0349.

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

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CHAPTER 3, SB 11

Senate Bill No. 11–Senator Titus

 

Joint Sponsor: Assemblyman Perkins

 

CHAPTER 3

 

AN ACT relating to crimes; repealing the rule that for a prosecution for murder or manslaughter, the death of the victim must occur within 1 year and 1 day of the act which caused the death of the victim; and providing other matters properly relating thereto.

 

[Approved March 10, 1999]

 

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

 

    Section 1.  NRS 200.410 is hereby amended to read as follows:

    200.410  If a person fights, by previous appointment or agreement, a duel with a rifle, shotgun, pistol, bowie knife, dirk, smallsword, backsword or other dangerous weapon, and in so doing kills his antagonist, or any person, or inflicts such a wound that the party or parties injured die thereof , [within a year and a day thereafter,] each such offender is guilty of murder in the first degree , which is a category A felony, and upon conviction thereof shall be punished as provided in subsection 4 of NRS 200.030.

    Sec. 2.  NRS 200.450 is hereby amended to read as follows:

    200.450  1.  If a person, upon previous concert and agreement, fights with any other person or gives, sends or authorizes any other person to give or send a challenge verbally or in writing to fight any other person, the person giving, sending or accepting the challenge to fight any other person shall be punished:

    (a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or

    (b) If the fight involves the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


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ê1999 Statutes of Nevada, Page 3 (Chapter 3, SB 11)ê

 

    2.  A person who acts for another in giving, sending, or accepting, either verbally or in writing, a challenge to fight any other person shall be punished:

    (a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or

    (b) If the fight involves the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

    3.  Should death ensue to a person in such a fight, or should a person die from any injuries received in such a fight , [within a year and a day,] the person causing or having any agency in causing the death, either by fighting or by giving or sending for himself or for any other person, or in receiving for himself or for any other person, the challenge to fight, is guilty of murder in the first degree which is a category A felony and shall be punished as provided in subsection 4 of NRS 200.030.

    Sec. 3.  NRS 200.100 is hereby repealed.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 5.  This act becomes effective upon passage and approval.

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CHAPTER 4, SB 18

Senate Bill No. 18–Committee on Judiciary

 

CHAPTER 4

 

AN ACT relating to biological weapons; prohibiting the development, production, stockpiling, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system in certain circumstances; prohibiting a person from making threats or conveying false information concerning the presence, delivery, dispersion, release or use of a biological agent or toxin under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved March 11, 1999]

 

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

 

    Section 1.  Chapter 202 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, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  “Biological agent” has the meaning ascribed to it in 18 U.S.C. § 178.

    Sec. 4.  “Delivery system” has the meaning ascribed to it in 18 U.S.C. § 178.

    Sec. 5.  “Toxin” has the meaning ascribed to it in 18 U.S.C. § 178.

    Sec. 6.  1.  A person shall not knowingly:

    (a) Develop, produce, stockpile, transfer, acquire, retain or possess a biological agent, toxin or delivery system for use as a weapon; or

    (b) Assist another person to do any act described in paragraph (a).


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ê1999 Statutes of Nevada, Page 4 (Chapter 4, SB 18)ê

 

    2.  A person who violates any provision of subsection 1 is guilty of a category A felony and shall be punished by imprisonment in the state prison:

    (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

    (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

    3.  As used in this section, the term “for use as a weapon” does not include the development, production, transfer, acquisition, retention or possession of a biological agent, toxin or delivery system for prophylactic, protective or other peaceful purposes.

    Sec. 7.  1.  A person shall not, through the use of any means of oral, written or electronic communication, knowingly make any threat or convey any false information concerning the presence, delivery, dispersion, release or use of a biological agent or toxin with the intent to:

    (a) Injure, intimidate, frighten, alarm or distress any person, whether or not any person is actually injured, intimidated, frightened, alarmed or distressed thereby;

    (b) Cause panic or civil unrest, whether or not such panic or civil unrest actually occurs;

    (c) Extort or profit thereby, whether or not the extortion is actually successful or any profit actually occurs; or

    (d) Interfere with the operations of or cause economic or other damage to any person or any officer, agency, board, bureau, commission, department, division or other unit of federal, state or local government, whether or not such interference or damage actually occurs.

    2.  A person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

    3.  As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:

    (a) A letter, a note or any other type of written correspondence.

    (b) An item of mail or a package delivered by any person or postal or delivery service.

    (c) A telegraph or wire service, or any other similar means of communication.

    (d) A telephone, cellular phone, satellite phone, pager or facsimile machine, or any other similar means of communication.

    (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.

    (f) An audio or video recording or reproduction, or any other similar means of communication.

    (g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.


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ê1999 Statutes of Nevada, Page 5 (Chapter 4, SB 18)ê

 

    Sec. 8.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

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

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CHAPTER 5, AB 25

Assembly Bill No. 25–Committee on Judiciary

 

CHAPTER 5

 

AN ACT relating to actions for dental malpractice; repealing the prospective expiration of the provisions governing screening panels for dental malpractice claims; and providing other matters properly relating thereto.

 

[Approved March 16, 1999]

 

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

 

    Section 1.  Section 19 of chapter 621, Statutes of Nevada 1995, at page 2351, is hereby amended to read as follows:

     Sec. 19.  The amendatory provisions of this act [:

     1.  Do] do not apply to causes of action involving dental malpractice, as that term is defined in section 2 of this act, which are filed before October 1, 1995.

     [2.  Expire by limitation on July 1, 1999.]

    Sec. 2.  Section 3 of chapter 135, Statutes of Nevada 1997, at page 294, is hereby amended to read as follows:

     Sec. 3.  [1.]  Section 1 of this act becomes effective on October 1, 1997 . [, and expires by limitation on June 30, 1999.

     2.  Section 2 of this act becomes effective on July 1, 1999.]

    Sec. 3.  Section 12 of chapter 327, Statutes of Nevada 1997, at page 1220, is hereby amended to read as follows:

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

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

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

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

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ê1999 Statutes of Nevada, Page 6ê

 

CHAPTER 6, AB 99

Assembly Bill No. 99–Committee on Government Affairs

 

CHAPTER 6

 

AN ACT relating to the state militia; increasing the maximum allowable age for commissioned officers of the Nevada National Guard; and providing other matters properly relating thereto.

 

[Approved March 16, 1999]

 

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

 

    Section 1.  NRS 412.026 is hereby amended to read as follows:

    412.026  1.  The militia of the state is composed of the Nevada National Guard and, when called into active service by the governor, the Nevada National Guard Reserve and any volunteer organizations licensed by the governor.

    2.  The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and [62] 64 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.

    3.  The Nevada National Guard Reserve is an unorganized body comprising all able-bodied residents of the state between the ages of 17 and 64 years who:

    (a) Are not serving in any force of the Nevada National Guard;

    (b) Are or have declared their intention to become citizens of the United States; and

    (c) Are not exempted from military duty under the laws of this state or the United States.

    4.  If a volunteer organization is formed and becomes licensed by the governor, it shall consist of an organized body of able-bodied residents of the state between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.

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

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ê1999 Statutes of Nevada, Page 7ê

 

CHAPTER 7, AB 101

Assembly Bill No. 101–Committee on Government Affairs

 

CHAPTER 7

 

AN ACT relating to the state controller; eliminating the prohibition against certain employees of the state controller pursuing other businesses or occupations; and providing other matters properly relating thereto.

 

[Approved March 16, 1999]

 

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

 

    Section 1.  NRS 227.100 is hereby amended to read as follows:

    227.100  1.  The state controller may appoint a deputy in the unclassified service of the state, who may, in the absence of the state controller, do all acts devolving upon and necessary to be performed by the state controller, except the signing of state warrants and bonds.

    2.  Except as otherwise provided in NRS 284.143, the deputy state controller [and other employees] shall devote [their] his entire time and attention to the business of [their offices] his office and shall not pursue any other [businesses or occupations] business or occupation or hold any other [offices] office of profit.

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

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CHAPTER 8, AB 124

Assembly Bill No. 124–Committee on Government Affairs

 

CHAPTER 8

 

AN ACT relating to state financial administration; changing the designation of certain funds to accounts; changing the designation of the account to which certain proceeds of the tax on liquor are transferred; changing the designation of the department of human resources’ gift fund from a special revenue fund to a trust fund; and providing other matters properly relating thereto.

 

[Approved March 16, 1999]

 

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

 

    Section 1.  NRS 354.598747 is hereby amended to read as follows:

    354.598747  1.  For the purpose of calculating the amount to be distributed pursuant to the provisions of NRS 360.680 and 360.690 from a county’s [account] subaccount in the local government tax distribution [fund] account 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 NRS 360.680 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


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ê1999 Statutes of Nevada, Page 8 (Chapter 8, AB 124)ê

 

         (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 NRS 360.690 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] subaccount in the local government tax distribution [fund] account 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 NRS 360.600 to 360.740, inclusive.

    3.  As used in this section:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

    (c) “Special district” has the meaning ascribed to it in NRS 360.650.

    Sec. 2.  NRS 116.1117 is hereby amended to read as follows:

    116.1117  1.  There is hereby created the [fund] account for the ombudsman for owners in common-interest communities in the state [treasury. The fund] general fund. The account must be administered by the administrator of the real estate division of the department of business and industry.

    2.  The fees collected pursuant to NRS 116.31155 must be credited to the [fund.] account.

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

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

    Sec. 3.  NRS 116.31155 is hereby amended to read as follows:

    116.31155  1.  An association that is not a master association and levies an annual assessment against each unit in the common-interest community of $500 or more shall:

    (a) If the association is required to pay the fee imposed by NRS 78.150 or 82.193, pay to the secretary of state at the time it is required to pay the fee imposed by those sections a fee established by regulation of the administrator of the real estate division of the department of business and industry for every unit in the association.


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ê1999 Statutes of Nevada, Page 9 (Chapter 8, AB 124)ê

 

of the real estate division of the department of business and industry for every unit in the association.

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

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

    (a) Deposited with the state treasurer for credit to the [fund] account for the ombudsman for owners in common-interest communities created pursuant to NRS 116.1117.

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

    Sec. 4.  NRS 232.355 is hereby amended to read as follows:

    232.355  1.  Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the department of human resources are authorized to accept must be accounted for in the department of human resources’ gift fund, hereby created as a [special revenue] trust fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All money received by the division must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.

    2.  Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources’ gift fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.

    Sec. 5.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Account” means the local government tax distribution account created pursuant to NRS 360.660.

    Sec. 6.  NRS 360.600 is hereby amended to read as follows:

    360.600  As used in NRS 360.600 to 360.740, inclusive, unless the context otherwise requires, the words and terms defined in NRS 360.610 to 360.650, inclusive, and section 5 of this act, have the meanings ascribed to them in those sections.

    Sec. 7.  NRS 360.620 is hereby amended to read as follows:

    360.620  “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;] account; and


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    3.  The executive director determines is an enterprise district pursuant to the provisions of NRS 360.710.

    Sec. 8.  NRS 360.640 is hereby amended to read as follows:

    360.640  “Local government” means any county, city or town that receives any portion of the proceeds of a tax which is included in the [fund.] account.

    Sec. 9.  NRS 360.650 is hereby amended to read as follows:

    360.650  “Special district” means a governmental entity that receives any portion of the proceeds of a tax which is included in the [fund] account and which is not:

    1.  A county;

    2.  A city;

    3.  A town; or

    4.  An enterprise district.

    Sec. 10.  NRS 360.660 is hereby amended to read as follows:

    360.660  The local government tax distribution [fund] account is hereby created in the [state treasury as a special revenue] intergovernmental fund. The executive director shall administer the [fund.] account.

    Sec. 11.  NRS 360.670 is hereby amended to read as follows:

    360.670  Except as otherwise provided in NRS 360.740, each:

    1.  Local government that receives, before July 1, 1998, any portion of the proceeds of a tax which is included in the [fund;] account;

    2.  Special district that receives, before July 1, 1998, any portion of the proceeds of a tax which is included in the [fund;] account; and

    3.  Enterprise district,

is eligible for an allocation from the [fund] account in the manner prescribed in NRS 360.680.

    Sec. 12.  NRS 360.680 is hereby amended to read as follows:

    360.680  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] account in the immediately preceding fiscal year.

    2.  Except as otherwise provided in NRS 360.690 and 360.730, 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] account pursuant to NRS 360.670 an amount from the [fund] account 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. 13.  NRS 360.690 is hereby amended to read as follows:

    360.690  1.  Except as otherwise provided in NRS 360.730, the executive director shall estimate monthly the amount each local government, special district and enterprise district will receive from the [fund] account 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 NRS 360.680 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.


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ê1999 Statutes of Nevada, Page 11 (Chapter 8, AB 124)ê

 

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 subaccount in the 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] county’s subaccount 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 subaccount in the 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 NRS 360.680 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

             (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;] subaccount; and

    (b) Special district’s share of the remaining money by:

         (1) Multiplying one-twelfth of the amount allocated pursuant to NRS 360.680 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.] subaccount.


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governments and special districts located in the same county multiplied by the total amount available in the [account.] subaccount.

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 subaccount in the 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 subaccount in the 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 subaccount in the 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 subaccount in the 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 subaccount in the 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] account for that fiscal year.

    8.  On or before March 15 of each year, the executive director shall:


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ê1999 Statutes of Nevada, Page 13 (Chapter 8, AB 124)ê

 

    (a) Make an estimate of the receipts from each tax included in the [fund] account 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;] account; 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. 14.  NRS 360.700 is hereby amended to read as follows:

    360.700  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;] account; 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. 15.  NRS 360.720 is hereby amended to read as follows:

    360.720  1.  An enterprise district shall not pledge any portion of the revenues from any of the taxes included in the [fund] account 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] account 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 NRS 360.740.

    (b) “Parks and recreation” has the meaning ascribed to it in NRS 360.740.

    (c) “Police protection” has the meaning ascribed to it in NRS 360.740.

    (d) “Construction, maintenance and repair of roads” has the meaning ascribed to it in NRS 360.740.

    Sec. 16.  NRS 360.730 is hereby amended to read as follows:

    360.730  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] account 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.


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ê1999 Statutes of Nevada, Page 14 (Chapter 8, AB 124)ê

 

    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.

    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] account pursuant to the provisions of NRS 360.680 and 360.690.

    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.] account.

    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 NRS 360.680 and 360.690.

    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 NRS 360.680 and 360.690 according to the calculations performed pursuant to subsection 8.


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ê1999 Statutes of Nevada, Page 15 (Chapter 8, AB 124)ê

 

    Sec. 17.  NRS 360.740 is hereby amended to read as follows:

    360.740  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] account to the local government or special district pursuant to the provisions of NRS 360.680 and 360.690.

    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,] account, 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:

         (1) Receives money from the [fund;] account; 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 NRS 360.680 and 360.690. 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,] account, pursuant to the provisions of NRS 360.680 and 360.690, 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;] account; and

         (2) The comparison of the amount established to be allocated pursuant to the provisions of NRS 360.680 and 360.690 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] account 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.


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ê1999 Statutes of Nevada, Page 16 (Chapter 8, AB 124)ê

 

    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] account to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690.

    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:

         (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;


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ê1999 Statutes of Nevada, Page 17 (Chapter 8, AB 124)ê

 

         (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;

         (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. 18.  NRS 369.173 is hereby amended to read as follows:

    369.173  The department shall apportion, 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 state controller shall deposit the amounts apportioned to Carson City and each county in the local government tax distribution [fund] account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

    Sec. 19.  NRS 369.174 is hereby amended to read as follows:

    369.174  Each month, the state controller shall transfer to the [account for alcohol and drug abuse in the department of human resources’ gift fund,] tax on liquor program account in the state general fund, from the tax on liquor containing more than 22 percent of alcohol by volume, the portion of the tax which exceeds $1.90 per wine gallon.

    Sec. 20.  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.


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ê1999 Statutes of Nevada, Page 18 (Chapter 8, AB 124)ê

 

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 in the local government tax distribution [fund] account created by NRS 360.660.

    (d) Report to the state controller monthly the amount of collections.

    3.  The money deposited pursuant to paragraph (c) of subsection 2 in the local government tax distribution [fund] account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations and must be credited to the respective accounts of Carson City and each county.

    Sec. 21.  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) 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) In a county whose population is more than 400,000, an amount equal to that portion of the proceeds which is equivalent to 60 cents for each $500 of value or fraction thereof must be transmitted to the county treasurer for deposit in the county school district’s fund for capital projects established pursuant to NRS 387.328, to be held and expended in the same manner as other money deposited in that fund.

    (c) The remaining proceeds must be transmitted to the state treasurer for deposit in the local government tax distribution [fund] account created by NRS 360.660 for credit to the respective accounts of Carson City and each county.

    2.  In addition to any other authorized use of the proceeds it receives pursuant to subsection 1, a county or city may use the proceeds to pay expenses related to or incurred for the development of affordable housing for families whose income does not exceed 80 percent of the median income for families residing in the same county, as that percentage is defined by the United States Department of Housing and Urban Development. A county or city that uses the proceeds in that manner must give priority to the development of affordable housing for persons who are disabled or elderly.


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ê1999 Statutes of Nevada, Page 19 (Chapter 8, AB 124)ê

 

    3.  The expenses authorized by subsection 2 include, but are not limited to:

    (a) The costs to acquire land and developmental rights;

    (b) Related predevelopment expenses;

    (c) The costs to develop the land, including the payment of related rebates;

    (d) Contributions toward down payments made for the purchase of affordable housing; and

    (e) The creation of related trust funds.

    Sec. 22.  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,

and deposit the money in the local government tax distribution [fund] account created by NRS 360.660 for credit to the respective [accounts] subaccounts 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. 23.  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 5.


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ê1999 Statutes of Nevada, Page 20 (Chapter 8, AB 124)ê

 

whichever is less, except that the amount distributed to the county must not be less than the amount specified in subsection 5. 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 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.

    (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 be deposited in the local government tax distribution [fund] account created by NRS 360.660 for credit to the respective accounts of each county.


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ê1999 Statutes of Nevada, Page 21 (Chapter 8, AB 124)ê

 

    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

Storey....................................................................................................... 69,914

White Pine............................................................................................. 158,863

 

    6.  As used in this section, unless the context otherwise requires:

    (a) “Enterprise district” has the meaning ascribed to it in NRS 360.620.

    (b) “Local government” has the meaning ascribed to it in NRS 360.640.

    (c) “Special district” has the meaning ascribed to it in NRS 360.650.

    Sec. 24.  NRS 445A.255 is hereby amended to read as follows:

    445A.255  1.  The account to finance the construction of projects, to be known as the account for the revolving fund, is hereby created in the [state treasury.] fund for the municipal bond bank.

    2.  The account to fund activities, other than projects, authorized by the Safe Drinking Water Act, to be known as the account for set-aside programs, is hereby created in the [state treasury.] fund for the municipal bond bank.

    3.  The money in the account for the revolving fund and the account for set-aside programs may be used only for the purposes set forth in the Safe Drinking Water Act.

    4.  All claims against the account for the revolving fund and the account for set-aside programs must be paid as other claims against the state are paid.

    5.  The faith of the state is hereby pledged that the money in the account for the revolving fund and the account for set-aside programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.

    Sec. 25.  Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The tax on liquor program account is hereby created in the state general fund.

    2.  Money in the account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097.

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

    Sec. 26.  NRS 458.100 is hereby amended to read as follows:

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

    2.  Money in the account [which has been received:

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


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ê1999 Statutes of Nevada, Page 22 (Chapter 8, AB 124)ê

 

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

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

    Sec. 27.  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.

    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] pursuant to 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,] account, created by NRS 360.660, 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.

    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.

    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.

    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.


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ê1999 Statutes of Nevada, Page 23 (Chapter 8, AB 124)ê

 

    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. 28.  NRS 360.630 is hereby repealed.

    Sec. 29.  This act becomes effective upon passage and approval.

________

 

CHAPTER 9, AB 80

Assembly Bill No. 80–Committee on Judiciary

 

CHAPTER 9

 

AN ACT relating to parole; making various changes concerning a parolee who commits a felony in another jurisdiction; and providing other matters properly relating thereto.

 

[Approved March 16, 1999]

 

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

 

    Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, if a prisoner who is paroled by this state is convicted of and incarcerated for a new crime in a jurisdiction outside of this state, the time during which the prisoner is incarcerated in the other jurisdiction is not time served on his term of imprisonment in this state.

    2.  The board may:

    (a) Revoke the parole of a prisoner described in subsection 1 immediately and allow the time during which the prisoner is incarcerated in the other jurisdiction to be time served on his term of imprisonment in this state;

    (b) Revoke the parole of a prisoner described in subsection 1 at a later date that the board specifies and allow the time during which the prisoner is incarcerated in the other jurisdiction after the date on which the parole is revoked to be time served on his term of imprisonment in this state;

    (c) Continue the parole of a prisoner described in subsection 1 immediately and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction; or

    (d) Continue the parole of a prisoner described in subsection 1 at a later date that the board specifies and allow the parole of the prisoner to run concurrently with the time served in the other jurisdiction after the date on which the parole is continued.

    Sec. 2.  NRS 213.107 is hereby amended to read as follows:

    213.107  As used in NRS 213.107 to 213.157, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Board” means the state board of parole commissioners.

    2.  “Chief” means the chief parole and probation officer.

    3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.


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ê1999 Statutes of Nevada, Page 24 (Chapter 9, AB 80)ê

 

    4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

    5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

    6.  “Sexual offense” means:

    (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

    (b) An attempt to commit any offense listed in paragraph (a); or

    (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

    7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

    Sec. 3.  NRS 213.15185 is hereby amended to read as follows:

    213.15185  1.  A prisoner who is paroled and leaves the state without permission from the board or who does not keep the board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.

    2.  Except as otherwise provided in subsection 2 of NRS 213.1519, if his parole is lawfully revoked and he is thereafter returned to prison, he forfeits all previously earned credits earned to reduce his sentence pursuant to chapter 209 of NRS and shall serve any part of the unexpired maximum term of his original sentence as may be determined by the board.

    3.  Except as otherwise provided in subsection 2 of NRS 213.1519, the board may restore any credits forfeited pursuant to subsection 2.

    4.  [The] Except as otherwise provided in section 1 of this act, the time a person is an escaped prisoner is not time served on his term of imprisonment.

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

________

 

CHAPTER 10, SB 19

Senate Bill No. 19–Committee on Judiciary

 

CHAPTER 10

 

AN ACT relating to service of process; clarifying the meaning of the term “street address” of a resident agent; and providing other matters properly relating thereto.

 

[Approved March 18, 1999]

 

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

 

    Section 1.  NRS 78.010 is hereby amended to read as follows:

    78.010  1.  As used in this chapter:

    (a) “Approval” and “vote” as describing action by the directors or stockholders mean the vote of directors in person or by written consent or of stockholders in person, by proxy or by written consent.


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ê1999 Statutes of Nevada, Page 25 (Chapter 10, SB 19)ê

 

    (b) “Articles,” “articles of incorporation” and “certificate of incorporation” are synonymous terms and unless the context otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.195, 78.209, 78.380, 78.385 and 78.390 and any articles of merger or exchange filed pursuant to NRS 92A.200 to 92A.240, inclusive. Unless the context otherwise requires, these terms include restated articles and certificates of incorporation.

    (c) “Directors” and “trustees” are synonymous terms.

    (d) “Receiver” includes receivers and trustees appointed by a court as provided in this chapter or in chapter 32 of NRS.

    (e) “Registered office” means the office maintained at the street address of the resident agent.

    (f) “Resident agent” means the agent appointed by the corporation upon whom process or a notice or demand authorized by law to be served upon the corporation may be served.

    (g) “Stockholder of record” means a person whose name appears on the stock ledger of the corporation.

    (h) “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    2.  General terms and powers given in this chapter are not restricted by the use of special terms, or by any grant of special powers contained in this chapter.

    Sec. 2.  NRS 80.010 is hereby amended to read as follows:

    80.010  1.  Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:

    (a) File in the office of the secretary of state of this state:

         (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

         (2) A certificate of acceptance of appointment executed by its resident agent, who must be a resident or located in this state. The certificate must set forth the name of the resident agent, his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.

         (3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth:

             (I) A general description of the purposes of the corporation; and

             (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.


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ê1999 Statutes of Nevada, Page 26 (Chapter 10, SB 19)ê

 

    (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par-value shares and their par value, and the number of no-par-value shares.

    2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to the name of a corporation, limited partnership or limited-liability company existing pursuant to the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is at the time reserved in the manner provided in the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

    3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

    (a) The principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

    (b) The corporation is exempt from the prohibitions of NRS 625.520.

    4.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if it appears from the documents that the business to be carried on by the corporation is subject to supervision by the commissioner of financial institutions, unless the commissioner certifies that:

    (a) The corporation has obtained the authority required to do business in this state; or

    (b) The corporation is not subject to or is exempt from the requirements for obtaining such authority.

    5.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 3.  NRS 80.070 is hereby amended to read as follows:

    80.070  1.  A foreign corporation may change its resident agent by filing with the secretary of state:

    (a) A certificate revoking the appointment of the agent and designating a new resident agent, setting forth the name of that agent, his street address for the service of process, and his mailing address if different from his street address; and

    (b) A certificate of acceptance executed by the new agent.

    2.  A person who has been designated by a foreign corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement must be acknowledged.

    3.  Upon the filing of the statement of resignation with the secretary of state, the capacity of the resigning person as resident agent terminates. If the statement of resignation is not accompanied by an acknowledged statement of the corporation appointing a successor resident agent, the resigning resident agent shall give written notice, by mail, to the corporation, of the filing of the statement and its effect.


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ê1999 Statutes of Nevada, Page 27 (Chapter 10, SB 19)ê

 

the corporation appointing a successor resident agent, the resigning resident agent shall give written notice, by mail, to the corporation, of the filing of the statement and its effect. The notice must be addressed to any officer of the corporation other than the resident agent.

    4.  If a resident agent dies, resigns or moves from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent. The certificate must set forth the name of the new resident agent, his street address for the service of process, and his mailing address if different from his street address.

    5.  A corporation that fails to file a certificate of acceptance executed by a new resident agent within 30 days [of] after the death, resignation or removal of its resident agent shall be deemed in default and is subject to the provisions of NRS 80.150 and 80.160.

    6.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 4.  NRS 81.040 is hereby amended to read as follows:

    81.040  1.  Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:

    [1.] (a) The name of the corporation.

    [2.] (b) The purpose for which it is formed.

    [3.] (c) The name of the person designated as the resident agent, the street address for the service of process, and the mailing address if different from the street address.

    [4.] (d) The term for which it is to exist, which may be perpetual.

    [5.] (e) If formed with stock, the amount of its stock and the number and par value, if any, and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.

    [6.] (f) The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.

    [7.] (g) Whether the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.

    [8.] (h) The name and post office box or street address, either residence or business, of each of the incorporators executing the articles of incorporation.

    2.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 5.  NRS 81.200 is hereby amended to read as follows:

    81.200  1.  Every association formed under NRS 81.170 to 81.270, inclusive, shall prepare articles of association in writing, setting forth:

    (a) The name of the association.

    (b) The purpose for which it is formed.


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

ê1999 Statutes of Nevada, Page 28 (Chapter 10, SB 19)ê

 

    (c) The name of the person designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.

    (d) The term for which it is to exist, which may be perpetual.

    (e) The number of the directors thereof, and the names and residences of those selected for the first year.

    (f) The amount which each member is to pay upon admission as a fee for membership, and that each member signing the articles has actually paid the fee.

    (g) That the interest and right of each member therein is to be equal.

    (h) The name and post office box or street address, either residence or business, of each of the persons executing the articles of association.

    2.  The articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state.

    3.  The articles so subscribed and acknowledged must be filed, together with a certificate of acceptance of appointment executed by the resident agent for the association, in the office of the secretary of state, who shall furnish a certified copy thereof. From the time of the filing in the office of the secretary of state, the association may exercise all the powers for which it was formed.

    4.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 6.  NRS 81.440 is hereby amended to read as follows:

    81.440  1.  Each corporation formed under NRS 81.410 to 81.540, inclusive, shall prepare and file articles of incorporation in writing, setting forth:

    [1.] (a) The name of the corporation.

    [2.] (b) The purpose for which it is formed.

    [3.] (c) The name of the person designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.

    [4.] (d) The term for which it is to exist, which may be perpetual.

    [5.] (e) The number of directors thereof, which must be not less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors have been elected and have accepted office.

    [6.] (f) Whether the voting power and the property rights and interest of each member are equal or unequal, and if unequal , the articles must set forth a general rule applicable to all members by which the voting power and the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.

    [7.] (g) The name and post office box or street address, either residence or business, of each of the incorporators executing the articles of incorporation.

    2.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.


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ê1999 Statutes of Nevada, Page 29 (Chapter 10, SB 19)ê

 

    Sec. 7.  Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 8.  NRS 82.006 is hereby amended to read as follows:

    82.006  As used in this chapter , the words and terms defined in NRS 82.011 to 82.041, inclusive, and section 7 of this act, have the meanings ascribed to them in those sections.

    Sec. 9.  NRS 84.030 is hereby amended to read as follows:

    84.030  1.  The articles of incorporation must specify:

    [1.] (a) The name of the corporation, which must be the name of the person making and subscribing the articles and the title of his office in the church or religious society, naming it if desired, and followed by the words “and his successors, a corporation sole,” or the title of his office in the church or religious society, naming it if desired, and followed by the words “and his successors, a corporation sole.”

    [2.] (b) The object of the corporation.

    [3.] (c) The title of the person making the articles, and the manner in which any vacancy occurring in the incumbency of an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, other presiding officer or clergyman is required by the rules, regulations or discipline of such church, society or denomination to be filled.

    [4.] (d) The name of the natural person or corporation designated as the corporation’s resident agent, the street address for the service of process, and the mailing address if different from the street address.

    2.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 10.  NRS 84.120 is hereby amended to read as follows:

    84.120  1.  A resident agent who wishes to resign shall file with the secretary of state a signed statement for each corporation sole that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.

    2.  The statement of resignation may contain an acknowledged statement of the affected corporation sole appointing a successor resident agent for that corporation. A certificate of acceptance executed by the new resident agent, stating the full name, complete street address and, if different from the street address, mailing address of the new resident agent, must accompany the statement appointing a successor resident agent.

    3.  Upon the filing of the statement of resignation with the secretary of state, the capacity of the resigning person as resident agent terminates. If the statement of resignation contains no statement by the corporation sole appointing a successor resident agent, the resigning resident agent shall immediately give written notice, by mail, to the corporation of the filing of the statement and its effect. The notice must be addressed to the person in whom is vested the legal title to property specified in NRS 84.020.


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

ê1999 Statutes of Nevada, Page 30 (Chapter 10, SB 19)ê

 

    4.  If a resident agent dies, resigns or removes from the state, the corporation sole, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent. The certificate must set forth the full name and complete street address of the new resident agent for the service of process, and may have a separate mailing address, such as a post office box, which may be different from the street address.

    5.  A corporation sole that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 84.130 and 84.140.

    6.  As used in this section, “street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 11.  Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 12.  NRS 86.011 is hereby amended to read as follows:

    86.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 86.021 to 86.125, inclusive, and section 11 of this act, have the meanings ascribed to them in those sections.

    Sec. 13.  NRS 87.020 is hereby amended to read as follows:

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

    1.  “Bankrupt” includes bankrupt under the Federal Bankruptcy Act or insolvent under any state insolvent act.

    2.  “Business” includes every trade, occupation or profession.

    3.  “Conveyance” includes every assignment, lease, mortgage or encumbrance.

    4.  “Court” includes every court and judge having jurisdiction in the case.

    5.  “Professional service” means any type of personal service which may legally be performed only pursuant to a license or certificate of registration.

    6.  “Real property” includes land and any interest or estate in land.

    7.  “Registered limited-liability partnership” means a partnership formed pursuant to an agreement governed by this chapter for the purpose of rendering a professional service and registered pursuant to and complying with NRS 87.440 to 87.560, inclusive.

    8.  “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

    Sec. 14.  NRS 88.315 is hereby amended to read as follows:

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

    1.  “Certificate of limited partnership” means the certificate referred to in NRS 88.350, and the certificate as amended or restated.

    2.  “Contribution” means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner.


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ê1999 Statutes of Nevada, Page 31 (Chapter 10, SB 19)ê

 

    3.  “Event of withdrawal of a general partner” means an event that causes a person to cease to be a general partner as provided in NRS 88.450.

    4.  “Foreign limited partnership” means a partnership formed under the laws of any state other than this state and having as partners one or more general partners and one or more limited partners.

    5.  “General partner” means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner.

    6.  “Limited partner” means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement.

    7.  “Limited partnership” and “domestic limited partnership” mean a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.

    8.  “Partner” means a limited or general partner.

    9.  “Partnership agreement” means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business.

    10.  “Partnership interest” means a partner’s share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets.

    11.  “Registered office” means the office maintained at the street address of the resident agent.

    12.  “Resident agent” means the agent appointed by the limited partnership upon whom process or a notice or demand authorized by law to be served upon the limited partnership may be served.

    13.  “State” means a state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

    14.  “Street address” of a resident agent means the actual physical location in this state at which a resident agent is available for service of process.

________

 

CHAPTER 11, AB 115

Assembly Bill No. 115–Committee on Commerce and Labor

 

CHAPTER 11

 

AN ACT relating to the protection of property; extending the date of expiration of a permit to operate as a locksmith or safe mechanic; and providing other matters properly relating thereto.

 

[Approved March 18, 1999]

 

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

 

    Section 1.  NRS 655.070 is hereby amended to read as follows:

    655.070  1.  Every person who wishes to operate as a locksmith or safe mechanic [shall] must obtain a permit from the sheriff of the county in which his principal place of business is located.


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ê1999 Statutes of Nevada, Page 32 (Chapter 11, AB 115)ê

 

    2.  The sheriff of a county shall investigate each applicant and shall issue a permit to each applicant who qualifies under any ordinance adopted by the board of county commissioners of the county which regulates the occupation of locksmiths and who is found by the board of county commissioners to be suitable. An ordinance adopted by the board of county commissioners must specify fees for the issuance and renewal of a permit.

    3.  A permit expires [1 year from] 5 years after the date it was obtained and may be renewed.

    4.  The holder of a permit shall have the permit in his possession at all times.

    5.  The holder of a permit shall [, within 10 days,] report any change of address of his principal place of business to the sheriff of the county in which the permit was obtained [.] within 10 days after the change occurs.

________

 

CHAPTER 12, AB 125

Assembly Bill No. 125–Committee on Government Affairs

 

CHAPTER 12

 

AN ACT relating to public employees; revising the provisions governing the manner in which the compensation deferred pursuant to the public employees’ deferred compensation program and all property, rights and income relating thereto are held by the state to comply with federal law; and providing other matters properly relating thereto.

 

[Approved March 18, 1999]

 

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

 

    Section 1.  NRS 287.320 is hereby amended to read as follows:

    287.320  1.  The state may agree with any of its employees, and the board of regents of the University of Nevada may agree with any of its employees, to defer the compensation due to them in accordance with a program approved by the committee and as authorized by 26 U.S.C. § 401(k), 403(b) or 457. The board of regents may agree with any of its employees to defer the compensation due to them as authorized by 26 U.S.C. § 403(b) without submitting the program to the committee for its approval.

    2.  The employer shall withhold the amount of compensation which an employee has, by such an agreement, directed the employer to defer.

    3.  The employer may invest the withheld money in any investment approved by the committee or, in the case of deferred compensation under 26 U.S.C. § 403(b) for employees of the University and Community College System of Nevada by the board of regents of the University of Nevada.

    4.  The investments must be underwritten and offered in compliance with all applicable federal and state laws and regulations, and may be offered only by persons who are authorized and licensed under all applicable state and federal regulations.

    5.  All amounts of compensation deferred pursuant to the program, all property and all rights purchased with those amounts and all income attributable to those amounts, property or rights [remain solely the property and rights of the state or the University and Community College System of Nevada, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries.


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

ê1999 Statutes of Nevada, Page 33 (Chapter 12, AB 125)ê

 

Nevada, subject only to the claims of its general creditors, until made available to the participants in the program or their beneficiaries. This subsection does not apply to any part of the program for which the property and rights may be, according to federal law, vested with the employee without loss of the tax benefit of the deferral.] must, in accordance with 26 U.S.C. § 457(g), be held in trust for the exclusive benefit of the participants in the program and their beneficiaries.

    Sec. 2.  This act becomes effective upon passage and approval and applies retroactively to January 1, 1999.

________

 

CHAPTER 13, AB 126

Assembly Bill No. 126–Committee on Government Affairs

 

CHAPTER 13

 

AN ACT relating to state employees; requiring that the interest and income earned on the money in the deferred compensation account be credited to the account; requiring that certain money be deposited in the account; and providing other matters properly relating thereto.

 

[Approved March 18, 1999]

 

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

 

    Section 1.  Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

    The interest and income earned on the money in the deferred compensation account created pursuant to subsection 2 of NRS 287.330 in the state general fund, after deducting any applicable charges, must be credited to the account.

    Sec. 2.  NRS 287.250 is hereby amended to read as follows:

    287.250  As used in NRS 287.250 to 287.370, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.260 to 287.310, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 287.365 is hereby amended to read as follows:

    287.365  1.  No money may be withdrawn or appropriated from the program, except:

    [1.] (a) For payment to a participant or beneficiary of a participant pursuant to the terms of the program;

    [2.] (b) In the amount required to pay the necessary expenses of administering the program;

    [3.] (c) As specifically authorized by federal law or regulation or by a special act of the legislature; or

    [4.] (d) To compensate the member of the committee appointed pursuant to paragraph (c) of subsection 1 of NRS 287.325.

    2.  All money withdrawn from the program pursuant to paragraphs (b) and (d) of subsection 1 must be deposited in the state general fund for credit to the deferred compensation account created pursuant to subsection 2 of NRS 287.330.


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ê1999 Statutes of Nevada, Page 34 (Chapter 13, AB 126)ê

 

    Sec. 4.  The chairman of the committee established to administer the public employees’ deferred compensation program authorized by NRS 287.250 to 287.370, inclusive, and section 1 of this act shall, on or before September 1, 1999, cause the money in the State of Nevada deferred compensation float account on deposit with the Bank of America to be deposited in the state general fund for credit to the deferred compensation account created pursuant to subsection 2 of NRS 287.330.

    Sec. 5.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 14, AB 177

Assembly Bill No. 177–Committee on Ways and Means

 

CHAPTER 14

 

AN ACT making an appropriation to restore the balance in the stale claims account; and providing other matters properly relating thereto.

 

[Approved March 18, 1999]

 

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 stale claims account, created by NRS 353.097, the sum of $1,491,065 to restore the balance in the account to approximately $1,500,000.

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

________

 

CHAPTER 15, SB 77

Senate Bill No. 77–Senators Wiener, Care, McGinness, Porter, Titus and Washington

 

CHAPTER 15

 

AN ACT relating to children; authorizing juvenile courts and probation officers to allow certain juvenile offenders to participate in programs of restitution through work that includes instruction in skills for employment and work ethics; providing for the establishment of such programs; and providing other matters properly relating thereto.

 

[Approved March 22, 1999]

 

    Whereas, Reduction of acts of delinquency by juveniles is a vital interest of this state and its local governments and is a paramount concern of communities and families;

    Whereas, Traditional methods of punishment and confinement of juvenile offenders who commit violent acts must remain an essential component of the juvenile justice system;

    Whereas, Traditional methods of punishment and confinement place an extraordinary burden upon the limited resources of this state and its local governments;

    Whereas, Traditional methods of punishment and confinement may not be required in every case to rehabilitate juvenile offenders who commit nonviolent acts and to reintegrate such juvenile offenders into their families and the community;


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

ê1999 Statutes of Nevada, Page 35 (Chapter 15, SB 77)ê

 

    Whereas, Restorative justice focuses upon the restoration of victims and encourages juvenile offenders who commit nonviolent acts to understand and be responsible for the consequences of their conduct, to empathize with their victims and to be accountable for and repay the damages they have caused their victims;

    Whereas, Statistics reviewed by the National Center for Juvenile Justice reveal that the recidivism rate for juvenile offenders who commit nonviolent acts is lowered when those juvenile offenders use their own earnings from work to pay restitution to their victims;

    Whereas, Juvenile offenders who receive instruction in skills for employment and work ethics and who use their own earnings from work to pay restitution to their victims are engaging in productive activities that provide opportunities to learn skills, to interact positively with responsible adults and community leaders and to demonstrate that they are capable of being responsible, productive and contributing members of the community;

    Whereas, Employers who provide employment opportunities for juvenile offenders are given an empowered role in the juvenile justice system and become active partners in the effort to reduce juvenile delinquency and restore the safety and vitality of neighborhoods and communities; and

    Whereas, Juvenile offenders who work are more likely to structure their time positively and to understand and be responsible for the consequences of their conduct and are less likely to be truant from school and to engage in idle mischief; now, therefore,

 

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

 

    Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  In addition to the options set forth in NRS 62.211 and 62.213, the court may order a child who is found to be within the purview of this chapter to participate in a program of restitution through work that is established pursuant to this section if the child:

    (a) Is 14 years of age or older;

    (b) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

    (c) Is ordered to provide restitution to a victim; and

    (d) Voluntarily agrees to participate in the program of restitution through work.

    2.  If the court orders a child to participate in a program of restitution through work, the court may order any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or


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ê1999 Statutes of Nevada, Page 36 (Chapter 15, SB 77)ê

 

or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

    (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

    3.  A director of juvenile services may establish a program of restitution through work. A program of restitution through work must:

    (a) Include, without limitation, instruction in skills for employment and work ethics; and

    (b) Require a child who participates in the program to:

         (1) With the assistance of the program and if practicable, seek and obtain a position of employment with a public or private employer; and

         (2) Sign an authorization form that permits money to be deducted from the wages of the child to pay restitution. The director of juvenile services may prescribe the contents of the authorization form and may determine the amount of money to be deducted from the wages of the child to pay restitution.

    4.  A program of restitution through work may include, without limitation, cooperative agreements with public or private employers to make available positions of employment for a child who participates in the program.

    5.  A director of juvenile services may terminate participation by a child in a program of restitution through work for any lawful reason or purpose.

    6.  A director of juvenile services may:

    (a) Apply for and accept grants or gifts to finance a program of restitution through work; and

    (b) Contract with persons and public or private entities that are qualified to operate or to participate in a program of restitution through work.

    7.  The provisions of this section do not:

    (a) Create a right on behalf of a child to participate in a program of restitution through work or to hold a position of employment; or

    (b) Establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in or for removal from a program of restitution through work or for denial of or removal from a position of employment.

    8.  As used in this section, “director of juvenile services” means:

    (a) In a judicial district that does not include a county whose population is 100,000 or more, the chief probation officer who is designated pursuant to NRS 62.110;

    (b) In a judicial district that includes a county whose population is 100,000 or more but less than 400,000, the director of juvenile services who is appointed pursuant to NRS 62.1225;

    (c) In a judicial district that includes a county whose population is 400,000 or more:

         (1) The director of juvenile services who is appointed pursuant to NRS 62.123; or


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ê1999 Statutes of Nevada, Page 37 (Chapter 15, SB 77)ê

 

         (2) The director of the department of family, youth and juvenile services, if such a department has been established in the judicial district pursuant to NRS 62.126 to 62.127, inclusive; or

    (d) Any other person who is designated by a person listed in paragraph (a), (b) or (c) to carry out the provisions of this section.

    Sec. 2.  NRS 62.129 is hereby amended to read as follows:

    62.129  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

    2.  An agreement for informal supervision must be entered into voluntarily and intelligently by the child with the advice of his attorney, or by the child with the consent of a parent, guardian or custodian if the child is not represented by counsel. The period of informal supervision must not exceed 180 days. The terms of the agreement must be clearly stated in writing and signed by all parties. A copy of the agreement must be given to the child, the attorney for the child, if any, the child’s parent, guardian or custodian, and the probation officer, who shall retain a copy in his file for the case. The child and his parent, guardian or custodian may terminate the agreement at any time and request the filing of a petition for formal adjudication.

    3.  An agreement for informal supervision may require a child to [perform] :

    (a) Perform public service or [make] provide restitution to [the victim, if any,] any victim of the acts for which the child was referred to the probation officer [.] ; and

    (b) Participate in a program of restitution through work that is established pursuant to section 1 of this act if the child:

         (1) Is 14 years of age or older;

         (2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;

         (3) Is required to provide restitution to a victim; and

         (4) Voluntarily agrees to participate in the program of restitution through work.

    4.  If an agreement for informal supervision requires a child to participate in a program of restitution through work, the agreement may also require any or all of the following, in the following order of priority if practicable:

    (a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child participates in the program or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or


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ê1999 Statutes of Nevada, Page 38 (Chapter 15, SB 77)ê

 

or performs work, unless, in the case of industrial insurance, it is provided by the employer for which the child performs the work; or

    (b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.

    5.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.

    [5.] 6.  A probation officer shall file annually with the court a report of the number of children placed under informal supervision during the previous year, the conditions imposed in each case and the number of cases that were successfully completed without the filing of a petition.

    Sec. 3.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 

CHAPTER 16, SB 87

Senate Bill No. 87–Senators Wiener, McGinness, Porter, Titus and Washington

 

CHAPTER 16

 

AN ACT relating to children; authorizing a juvenile court to require certain children to participate in a supervised program for the arts; and providing other matters properly relating thereto.

 

[Approved March 23, 1999]

 

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

 

    Section 1.  NRS 62.211 is hereby amended to read as follows:

    62.211  1.  Except as otherwise provided in NRS 62.212, 62.224 and 62.2245, if the court finds that a child is within the purview of this chapter it shall so decree and may:

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

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


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ê1999 Statutes of Nevada, Page 39 (Chapter 16, SB 87)ê

 

child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

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

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

    (e) If the child is less than 18 years of age, order:

         (1) The parent, guardian or custodian of the child; and

         (2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,

to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.

    (f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.

    (g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney’s fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.

    (h) Order the suspension of the child’s driver’s license for at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court may prohibit the child from receiving a driver’s license for at least 90 days but not more than 2 years:

         (1) Immediately following the date of the order, if the child is eligible to receive a driver’s license.

         (2) After the date he becomes eligible to apply for a driver’s license, if the child is not eligible to receive a license on the date of the order.

If the court issues an order suspending the driver’s license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver’s licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver’s license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.


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ê1999 Statutes of Nevada, Page 40 (Chapter 16, SB 87)ê

 

after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.

    (i) Place the child, when he is not in school, under the supervision of:

         (1) A public organization to work on public projects;

         (2) A public agency to work on projects to eradicate graffiti; or

         (3) A private nonprofit organization to perform other public service.

The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.

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

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

    (l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.

    (m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness [.] that is adequately supervised or a publicly or privately operated program for the arts that is adequately supervised. A program for the arts may include, but is not limited to, drawing, painting, photography or other visual arts, musical, dance or theatrical performance, writing or any other structured activity that involves creative or artistic expression. If the court orders the child to participate in [such] a program [,] of sports or physical fitness or a program for the arts, the court may order any or all of the following, in the following order of priority if practicable:

         (1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

         (2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or


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ê1999 Statutes of Nevada, Page 41 (Chapter 16, SB 87)ê

 

         (3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

    2.  If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.

    3.  In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:

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

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

    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

    5.  Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child’s educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.

    6.  In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 42ê

 

CHAPTER 17, AB 93

Assembly Bill No. 93–Committee on Government Affairs

 

CHAPTER 17

 

AN ACT relating to state financial administration; requiring certain contracts to be reduced to writing and signed by each party to those contracts; repealing provisions regarding recordation, custody and preservation of contracts to which the state is a party; and providing other matters properly relating thereto.

 

[Approved March 24, 1999]

 

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

 

    Section 1.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

    Each person who is authorized pursuant to the provisions of this chapter to enter into any contract on behalf of this state shall ensure that the contract is reduced to writing and signed by each party to the contract.

    Sec. 2.  NRS 225.070 and 239.040 are hereby repealed.

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

________

 

CHAPTER 18, SB 63

Senate Bill No. 63–Committee on Judiciary

 

CHAPTER 18

 

AN ACT relating to crimes; providing an additional penalty for murder or attempted murder of a person who is 65 years of age or older; and providing other matters properly relating thereto.

 

[Approved March 24, 1999]

 

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

 

    Section 1.  NRS 193.167 is hereby amended to read as follows:

    193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

    (a) Murder;

    (b) Attempted murder;

    (c) Assault;

    [(b)] (d) Battery;

    [(c)] (e) Kidnaping;

    [(d)] (f) Robbery;

    [(e)] (g) Sexual assault;

    [(f)] (h) Embezzlement of money or property of a value of $250 or more;

    [(g)] (i) Obtaining money or property of a value of $250 or more by false pretenses; or

    [(h)] (j) Taking money or property from the person of another,

against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime.


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ê1999 Statutes of Nevada, Page 43 (Chapter 18, SB 63)ê

 

the crime. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the crime.

    2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the criminal violation. The sentence prescribed by this subsection must run consecutively with the sentence prescribed by statute for the criminal violation.

    3.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

    Sec. 2.  NRS 176A.120 is hereby amended to read as follows:

    176A.120  1.  Except as otherwise provided in subsection 2, the court shall not grant probation to a person whose conduct during the commission of the crime for which he was convicted satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph [(f) or (g)] (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the convicted person has paid to the victim of the offense at least 80 percent of the amount of restitution set by the court pursuant to NRS 176.033.

    2.  The court shall not deny probation to a person as provided in subsection 1 unless the court determines that the person has willfully failed to make restitution to the victim of the crime and the person has the ability to make restitution.

    Sec. 3.  NRS 213.1216 is hereby amended to read as follows:

    213.1216  1.  Except as otherwise provided in subsection 2, the board shall not release on parole a prisoner whose conduct during the commission of the crime for which he was imprisoned satisfies the requirements for imposing an additional term of imprisonment pursuant to paragraph [(f) or (g)] (h) or (i) of subsection 1 of NRS 193.167 or subsection 2 of NRS 193.167, until the prisoner has paid to the victim of the offense at least 80 percent of the amount of restitution set by a court pursuant to NRS 176.033.

    2.  The board shall not refuse to release a prisoner on parole as provided in subsection 1 unless the board determines that the prisoner has willfully failed to make restitution to the victim of the crime and the prisoner has the ability to make restitution.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses that are committed before the effective date of this act.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 


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ê1999 Statutes of Nevada, Page 44ê

 

CHAPTER 19, AB 98

Assembly Bill No. 98–Committee on Government Affairs

 

CHAPTER 19

 

AN ACT relating to emergency management; requiring the chief of the division of emergency management of the department of motor vehicles and public safety to assist in the development of comprehensive, coordinated plans for emergency management; and providing other matters properly relating thereto.

 

[Approved March 24, 1999]

 

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

 

    Section 1.  NRS 414.040 is hereby amended to read as follows:

    414.040  1.  A division of emergency management is hereby created within the department of motor vehicles and public safety. The chief of the division is appointed by and holds office at the pleasure of the director of the department of motor vehicles and public safety. The division is the state agency for civil defense and the chief is the state’s director of civil defense.

    2.  The chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other money made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

    3.  The chief, subject to the direction and control of the director, shall carry out the program for emergency management in this state. He shall coordinate the activities of all organizations for emergency management within the state, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the director.

    4.  [To facilitate] The chief shall assist in the development of [a] comprehensive, coordinated [approach to] plans for emergency management [, the chief may develop] by adopting an integrated process, using the partnership of governmental entities, business and industry , volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies. In [developing] adopting this process, he [may suggest] shall conduct activities designed to:

    (a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

    (b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency occurs by fostering the adoption of plans for emergency operations, the training of necessary personnel and the acquisition of necessary resources;

    (c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;

    (d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and


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ê1999 Statutes of Nevada, Page 45 (Chapter 19, AB 98)ê

 

    [(d)] (e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency to a condition that is comparable to what existed before the emergency occurred.

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

________

 

CHAPTER 20, AB 73

Assembly Bill No. 73–Assemblywoman Segerblom

 

CHAPTER 20

 

AN ACT relating to emergency medical services; revising provisions governing the withholding of life-resuscitating treatment pursuant to a do-not-resuscitate order; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 450B.430 is hereby amended to read as follows:

    450B.430  “Do-not-resuscitate protocol” means the standardized procedure and guidelines established by the [health authority] board for the withholding of emergency life‑resuscitating treatment in compliance with a do‑not‑resuscitate order or a do‑not‑resuscitate identification.

    Sec. 2.  NRS 450B.490 is hereby amended to read as follows:

    450B.490  1.  The [health authority] board shall adopt regulations to carry out the provisions of NRS 450B.400 to 450B.590, inclusive. The regulations must establish:

    (a) A do‑not‑resuscitate protocol [.] ; and

    (b) The procedure to apply for a do‑not‑resuscitate identification.

    [(c) The price to obtain]

    2.  The board may establish a fee for a do‑not‑resuscitate identification [. The price must] to be collected by the health authority. The fee may not exceed the actual cost to the health authority [in manufacturing] of:

    (a) Manufacturing or obtaining the identification from a manufacturer, including the cost of shipping and handling [.

    2.] ; and

    (b) Engraving the identification.

    3.  In the case of a county or district board of health, such regulations take effect immediately upon approval by the state board of health.

    Sec. 3.  NRS 450B.520 is hereby amended to read as follows:

    450B.520  1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do‑not‑resuscitate identification, the patient must comply with the requirements prescribed by the [health authority] board and sign a form which states that he has informed each member of his family within the first degree of consanguinity or affinity, whose whereabouts are known to him, or if no such members are living, his legal guardian, if any, or if he has no such members living and has no legal guardian, his caretaker, if any, of his decision to apply for an identification.

    2.  An application must include, without limitation:


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ê1999 Statutes of Nevada, Page 46 (Chapter 20, AB 73)ê

 

    (a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

    (b) Certification by the patient’s attending physician that the patient:

         (1) Is capable of making an informed decision; or

         (2) When he was capable of making an informed decision, executed:

             (I) A written directive that life‑resuscitating treatment be withheld under certain circumstances; or

             (II) A durable power of attorney for health care pursuant to NRS 449.800 to 449.860, inclusive;

    (c) A statement that the patient does not wish that life‑resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

    (d) The name, signature and telephone number of the patient’s attending physician; and

    (e) The name and signature of the patient or the attorney in fact who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care.

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

________

 

CHAPTER 21, AB 83

Assembly Bill No. 83–Committee on Judiciary

 

CHAPTER 21

 

AN ACT relating to debit cards; providing that certain crimes and civil actions concerning credit cards also apply to debit cards; providing penalties; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

    Sec. 2.  NRS 205.610 is hereby amended to read as follows:

    205.610  As used in NRS 205.610 to 205.810, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.620 to 205.670, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 205.620 is hereby amended to read as follows:

    205.620  “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.


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ê1999 Statutes of Nevada, Page 47 (Chapter 21, AB 83)ê

 

    Sec. 4.  NRS 205.640 is hereby amended to read as follows:

    205.640  “Expired credit card [] or debit card” means a credit card [which] or debit card that is no longer valid because the term shown on it has elapsed.

    Sec. 5.  NRS 205.650 is hereby amended to read as follows:

    205.650  “Issuer” means the business organization, financial institution or a duly authorized agent of a business organization or financial institution which issues a credit card [.] or debit card.

    Sec. 6.  NRS 205.670 is hereby amended to read as follows:

    205.670  “Revoked credit card [] or debit card” means a credit card [which] or debit card that is no longer valid because permission to use it has been suspended or terminated by the issuer.

    Sec. 7.  NRS 205.680 is hereby amended to read as follows:

    205.680  Any person who, for the purpose of procuring the issuance of a credit card [,] or debit card, makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false, with intent that it be relied on respecting his identity or financial condition or the identity or financial condition of any other person, firm or corporation is guilty of a gross misdemeanor.

    Sec. 8.  NRS 205.690 is hereby amended to read as follows:

    205.690  1.  A person who steals, takes or removes a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that a credit card or debit card has been so taken, removed or stolen receives the credit card or debit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    2.  A person who possesses a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    3.  A person who has in his possession or under his control two or more credit cards or debit cards issued in the name of another person is presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards or debit cards used in the regular course of the possessor’s business or employment or where the possession is with the consent of the cardholder.

    4.  The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card , debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

    5.  [For the purposes of] As used in this section [, “credit] :


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ê1999 Statutes of Nevada, Page 48 (Chapter 21, AB 83)ê

 

    (a) “Credit card includes , without limitation, the number or other identifying description of a credit card or credit account.

    (b) “Debit card” includes, without limitation, the number or other identifying description of a debit card.

    Sec. 9.  NRS 205.710 is hereby amended to read as follows:

    205.710  1.  A person, except the issuer, who [sells] :

    (a) Sells a credit card or debit card or the number or other identifying description of a credit card , debit card or credit account [, or a person who buys] ; or

    (b) Buys a credit card , debit card or the number or other identifying description of a credit card , debit card or credit account from a person other than the issuer ,

is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    2.  The provisions of this section do not apply to a person employed by or operating a business, including, but not limited to, a bank or other financial institution, credit bureau, collection agency or credit reporting agency, who, without the intent to defraud, lawfully furnishes to another person or obtains the number or other identifying description of a credit card , debit card or credit account in the ordinary course of that business or employment or pursuant to a financial transaction entered into with a customer.

    Sec. 10.  NRS 205.720 is hereby amended to read as follows:

    205.720  A person who, with the intent to defraud, obtains control over a credit card or debit card as security for debt is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 11.  NRS 205.740 is hereby amended to read as follows:

    205.740  1.  A person who, with the intent to defraud, falsely makes or falsely embosses a purported credit card or debit card or utters such a credit card or debit card is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    2.  A person, except the purported issuer, who possesses two or more credit cards [which] or debit cards that are falsely made or falsely embossed is presumed to have violated this section.

    3.  For the purpose of this section:

    (a) A person “falsely makes” a credit card or debit card when he alters a validly issued credit card or debit card or makes or draws, in whole or in part, a device or instrument which purports to be the credit card or debit card of a named issuer where the issuer did not authorize the making or drawing.

    (b) A person “falsely embosses” a credit card or debit card when, without the authorization of the named issuer, he completes a credit card or debit card by adding any matter, except the signature of the cardholder, which the issuer requires to appear on the credit card or debit card before the credit card or debit card can be used by a cardholder.

    Sec. 12.  NRS 205.750 is hereby amended to read as follows:

    205.750  A person, except the cardholder or a person authorized by the cardholder, who signs a credit card, debit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card or debit card transaction with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130.


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ê1999 Statutes of Nevada, Page 49 (Chapter 21, AB 83)ê

 

card transaction with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 13.  NRS 205.760 is hereby amended to read as follows:

    205.760  1.  [A] Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud:

    (a) Uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where the person knows the credit card or debit card is forged or is the expired or revoked credit card or debit card of another;

    (b) Uses the number or other identifying description of a credit account, customarily evidenced by a credit card [,] or the number or other identifying description of a debit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or

    (c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where the card has not in fact been issued,

is guilty of a public offense and shall be punished for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    2.  [A] Unless a greater penalty is provided pursuant to NRS 205.222 for a violation of subsection 2 of NRS 205.220, a person who, with the intent to defraud, uses a credit card or debit card to obtain money, goods, property, services or anything of value where the credit card or debit card was issued in his name and which he knows is revoked or expired, or when he knows he does not have sufficient money or property with which to pay for the extension of credit [,] or to cover the debit from the account linked to his debit card, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6‑month period is:

    (a) One hundred dollars or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    (b) Less than $100, for a misdemeanor.

    3.  A person is presumed to have knowledge of the revocation of a credit card or debit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or debit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice may be presumed to have been received 10 days after the mailing.

    Sec. 14.  NRS 205.765 is hereby amended to read as follows:

    205.765  In a criminal action for using a credit card or debit card to obtain money, goods, property, services or anything of value with insufficient money or property with which to pay for the extension of credit, with intent to defraud, that intent and the knowledge that the holder of the credit card has insufficient money or property is presumed to exist if payment is refused by the issuer or other creditor when it is presented in the usual course of business, unless within 5 days after payment is refused by the issuer if the action involves the use of a debit card or within 10 days after payment is refused by the issuer [,] if the action involves the use of a credit card, the holder of the credit card pays the full amount due plus any handling charges.


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ê1999 Statutes of Nevada, Page 50 (Chapter 21, AB 83)ê

 

to defraud, that intent and the knowledge that the holder of the credit card has insufficient money or property is presumed to exist if payment is refused by the issuer or other creditor when it is presented in the usual course of business, unless within 5 days after payment is refused by the issuer if the action involves the use of a debit card or within 10 days after payment is refused by the issuer [,] if the action involves the use of a credit card, the holder of the credit card pays the full amount due plus any handling charges.

    Sec. 15.  NRS 205.770 is hereby amended to read as follows:

    205.770  A person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card or debit card by the cardholder, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card [which] or debit card that the person, employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or is forged, expired or revoked is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 16.  NRS 205.780 is hereby amended to read as follows:

    205.780  A person who is authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card or debit card by the cardholder, or an agent or employee of the authorized person, who, with the intent to defraud, misrepresents to the issuer the value of the goods he furnishes or who fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

    Sec. 17.  NRS 205.790 is hereby amended to read as follows:

    205.790  1.  A person, except the cardholder, who possesses two or more incomplete credit cards or debit cards with the intent to complete them without the consent of the issuer, or a person who, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards is guilty of a category D felony and shall be punished as provided in NRS 193.130.

    2.  As used in this section, a credit card or debit card is “incomplete” if part of the matter, except the signature of the cardholder, required by an issuer to appear on the credit card or debit card has not yet been stamped, embossed, imprinted or written on the credit card [.] or debit card.

    Sec. 18.  NRS 41.620 is hereby amended to read as follows:

    41.620  1.  Any person who:

    (a) Makes, utters, draws or delivers a check or draft for the payment of money drawn upon any financial institution or other person, when he has no account with the drawee of the instrument or has insufficient money, property or credit with the drawee to pay; or


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ê1999 Statutes of Nevada, Page 51 (Chapter 21, AB 83)ê

 

    (b) Uses a credit card or debit card to obtain money, goods, property, services or anything of value, when he knows or should have known the credit card or debit card is no longer valid,

and who fails to pay the amount in cash to the payee, issuer or other creditor within 30 days after a demand therefor in writing is mailed to him by certified mail, is liable to the payee, issuer or other creditor for the amount of the check, draft or extension of credit, and damages equal to three times the amount of the check, draft or extension of credit, but not less than $100 nor more than $500.

    2.  As used in this section, unless the context otherwise requires:

    (a) “Credit card” has the meaning ascribed to it in NRS 205.630; [and]

    (b) “Debit card” has the meaning ascribed to it in section 1 of this act; and

    (c) “Issuer” has the meaning ascribed to it in NRS 205.650.

    Sec. 19.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 

CHAPTER 22, AB 120

Assembly Bill No. 120–Committee on Judiciary

 

CHAPTER 22

 

AN ACT relating to legal documents; providing for service of certain legal documents related to criminal cases by means of a facsimile machine; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except when personal service of a person is ordered by the court or required by specific statute, a person who is represented by an attorney may be lawfully served with any motion, notice or other legal document by means of a facsimile machine if:

    (a) The document is transmitted to the office of the attorney representing the person; and

    (b) The facsimile machine is operational and is maintained by the attorney representing the person or the employer of that attorney.

    2.  In addition to any other document required by the court, a person who uses a facsimile machine pursuant to subsection 1 to serve any motion, notice or other legal document that is required to be filed with the court shall attach to or include with the original document filed with the court a copy of the confirmation report or other comparable evidence of the transmittal of the legal document.

    3.  Service of any motion, notice or other legal document by facsimile machine after 5 p.m. on the day that the document is transmitted shall be deemed delivered on the next judicial day. The time of transmittal set forth in this subsection is determined according to the time at the location of the recipient of the legal document.


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ê1999 Statutes of Nevada, Page 52 (Chapter 22, AB 120)ê

 

in this subsection is determined according to the time at the location of the recipient of the legal document.

    4.  Service of any motion, notice or other legal document by facsimile machine as authorized by this section is supplemental to and does not affect the validity of any other manner of service authorized by law.

    5.  As used in this section:

    (a) “Facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

    (b) “Person” includes, without limitation, a government, governmental agency or political subdivision of a government.

    Sec. 2.  NRS 178.584 is hereby amended to read as follows:

    178.584  1.  Whenever under this Title or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service [shall] must be made upon the attorney unless service upon the party himself is ordered by the court.

    2.  [Service] Except as otherwise provided in section 1 of this act, service upon the attorney or upon a party [shall] must be made in the manner provided in civil actions.

    Sec. 3.  NRS 178.588 is hereby amended to read as follows:

    178.588  Papers required to be served [shall] must be filed with the court. [Papers shall] Except as otherwise provided in section 1 of this act, papers must be filed in the manner provided in civil actions.

________

 

CHAPTER 23, AB 23

Assembly Bill No. 23–Assemblyman Manendo

 

CHAPTER 23

 

AN ACT relating to traffic laws; increasing the minimum fine for an offender convicted of driving under the influence of alcohol or a controlled substance for the first or second offense; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 484.3792 is hereby amended to read as follows:

    484.3792  1.  A person who violates the provisions of NRS 484.379:

    (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided in NRS 484.37937, the court shall:

         (1) Except as otherwise provided in subsection 6, order him to pay tuition for an educational course on the abuse of alcohol and controlled substances approved by the department and complete the course within the time specified in the order, and the court shall notify the department if he fails to complete the course within the specified time;

         (2) Unless the sentence is reduced pursuant to NRS 484.37937, sentence him to imprisonment for not less than 2 days nor more than 6 months in jail, or to perform 96 hours of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379; and


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ê1999 Statutes of Nevada, Page 53 (Chapter 23, AB 23)ê

 

garb that identifies him as having violated the provisions of NRS 484.379; and

         (3) Fine him not less than [$200] $400 nor more than $1,000.

    (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484.3794, the court:

         (1) Shall sentence him to:

             (I) Imprisonment for not less than 10 days nor more than 6 months in jail; or

             (II) Residential confinement for not less than 10 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3768, inclusive, or 5.0755 to 5.078, inclusive;

         (2) Shall fine him not less than [$500] $750 nor more than $1,000;

         (3) Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and

         (4) May order him to attend a program of treatment for the abuse of alcohol or drugs pursuant to the provisions of NRS 484.37945.

A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

    (c) For a third or subsequent offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

    3.  A person convicted of violating the provisions of NRS 484.379 must not be released on probation, and a sentence imposed for violating those provisions must not be suspended except, as provided in NRS 4.373, 5.055, 484.37937 and 484.3794, that portion of the sentence imposed that exceeds the mandatory minimum. A prosecuting attorney shall not dismiss a charge of violating the provisions of NRS 484.379 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.

    4.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours.


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ê1999 Statutes of Nevada, Page 54 (Chapter 23, AB 23)ê

 

offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484.37937 or 484.3794 and the suspension of his sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

    5.  Jail sentences simultaneously imposed pursuant to this section and NRS 483.560 or 485.330 must run consecutively.

    6.  If the person who violated the provisions of NRS 484.379 possesses a driver’s license issued by a state other than the State of Nevada and does not reside in the State of Nevada, in carrying out the provisions of subparagraph (1) of paragraph (a) or (b) of subsection 1, the court shall:

    (a) Order the person to pay tuition for and submit evidence of completion of an educational course on the abuse of alcohol and controlled substances approved by a governmental agency of the state of his residence within the time specified in the order; or

    (b) Order him to complete an educational course by correspondence on the abuse of alcohol and controlled substances approved by the department within the time specified in the order,

and the court shall notify the department if the person fails to complete the assigned course within the specified time.

    7.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

    8.  As used in this section, unless the context otherwise requires, “offense” means a violation of NRS 484.379 or 484.3795 or a homicide resulting from the driving of a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction that prohibits the same or similar conduct.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.

________

 

CHAPTER 24, AB 45

Assembly Bill No. 45–Assemblyman Manendo

 

CHAPTER 24

 

AN ACT relating to crimes; imposing community service for a second or subsequent offense of unlawfully parking in a space designated for the handicapped; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 484.408 is hereby amended to read as follows:

    484.408  1.  Any parking space designated for the handicapped must be indicated by a sign:


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ê1999 Statutes of Nevada, Page 55 (Chapter 24, AB 45)ê

 

    (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

    (b) Stating “Minimum fine of $100 for use by others” or equivalent words; and

    (c) The bottom of which must be not less than 4 feet above the ground.

    2.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

    (a) Special license plates issued pursuant to NRS 482.384;

    (b) A special or temporary parking placard issued pursuant to NRS 482.384;

    (c) Special license plates or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

    (d) Special license plates for a disabled veteran and a special parking placard issued pursuant to NRS 482.384.

    3.  A person shall not use such a plate or placard for a vehicle to park in a space designated for the handicapped unless he is a person with a disability which limits or impairs the ability to walk, a disabled veteran or the driver of a vehicle in which such a person is a passenger.

    4.  [Any] A person who violates any provision of this section is guilty of a misdemeanor and shall be punished:

    (a) Upon the first offense , by a fine of $100.

    (b) Upon the second offense , by a fine of $250 [.] and not less than 8 hours, but not more than 50 hours, of community service.

    (c) Upon the third or subsequent offense , by a fine of not less than $500 [nor] , but not more than $1,000 [.] and not less than 25 hours, but not more than 100 hours, of community service.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 56ê

 

CHAPTER 25, SB 96

Senate Bill No. 96–Senator Shaffer

 

CHAPTER 25

 

AN ACT relating to real property; revising the provisions relating to the liability of a mortgagee or trustee for a deed of trust who fails to record the discharge of the mortgage or deed of trust when the underlying debt is satisfied; authorizing a title insurer under certain circumstances to record a release of a mortgage if the underlying debt is satisfied and the mortgagee has failed to record the discharge of the mortgage as required; providing penalties; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 106.290 is hereby amended to read as follows:

    106.290  [If any mortgagee, or his personal representative or assignee, as the case may be, after a full performance of]

    1.  Within 21 calendar days after receiving written notice that a debt secured by a mortgage has been paid or otherwise satisfied or discharged, the mortgagee shall cause a discharge of the mortgage to be recorded pursuant to NRS 106.260 or 106.270 if the mortgagor, his heirs or assigns have fully performed the conditions of the mortgage . [, whether before or after a breach thereof, shall, for the space of 7 days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to execute and acknowledge, when necessary to entitle the same to record, a certificate of discharge or release thereof, he shall be]

    2.  If a mortgagee fails to comply with the provisions of this section, the mortgagee is liable in a civil action to the mortgagor, his heirs or assigns [in the] for:

    (a) The sum of [$100, and also for all] $500;

    (b) Any actual damages [occasioned by such neglect or refusal.] caused by the failure of the mortgagee to comply with the provisions of this section; and

    (c) A reasonable attorney’s fee and the costs of bringing the action.

    3.  Except as otherwise provided in this subsection, if a mortgagee fails to cause a discharge of the mortgage to be recorded pursuant to subsection 1 within 75 calendar days, a title insurer may prepare and cause to be recorded a release of the mortgage. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the mortgage to the mortgagor and mortgagee, or their successors in interest, at the last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a discharge of the mortgage. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the mortgagor, the mortgagee or a successor in interest.

    4.  The release prepared pursuant to subsection 3 must set forth:

    (a) The name of the mortgagor;

    (b) The name of the mortgagee;


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ê1999 Statutes of Nevada, Page 57 (Chapter 25, SB 96)ê

 

    (c) The recording reference to the mortgage;

    (d) A statement that the debt secured by the mortgage has been paid in full or otherwise satisfied or discharged;

    (e) The date and amount of payment or other satisfaction or discharge; and

    (f) The name and address of the title insurer issuing the release.

    5.  A release prepared and recorded pursuant to subsection 3 does not relieve a mortgagee of the requirements imposed by subsections 1 and 2.

    6.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a mortgage pursuant to this section is liable in a civil action for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the release.

    7.  Any person who willfully violates this section is guilty of a misdemeanor.

    8.  As used in this section, “title insurer” has the meaning ascribed to it in NRS 692A.070.

    Sec. 2.  NRS 107.077 is hereby amended to read as follows:

    107.077  1.  Within 21 calendar days after receiving written notice that a debt secured by a deed of trust made on or after October 1, 1991, has been paid or otherwise satisfied or discharged, the beneficiary shall deliver to the trustee or the trustor the original note and deed of trust, if he is in possession of those documents, and a properly executed request to reconvey the estate in real property conveyed to the trustee by the grantor. If the beneficiary delivers the original note and deed of trust to the trustee or the trustee has those documents in his possession, the trustee shall deliver those documents to the grantor.

    2.  Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1991, is paid or otherwise satisfied or discharged, and a properly executed request to reconvey is received by the trustee, the trustee shall cause to be recorded a reconveyance of the deed of trust.

    3.  If the beneficiary fails to deliver to the trustee a properly executed request to reconvey pursuant to subsection 1, or if the trustee fails to cause to be recorded a reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his heirs or assigns in the sum of [$100,] $500, plus a reasonable attorney’s fee and the costs of bringing the action, and he is liable in a civil action to any party to the deed of trust for any actual damages caused by his failure to comply with the provisions of this section and for a reasonable attorney’s fee and the costs of bringing the action.

    4.  Except as otherwise provided in this subsection, if a reconveyance is not recorded pursuant to subsection 2 within:

    (a) Seventy-five calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made on or after October 1, 1993; or

    (b) Ninety calendar days after the payment, satisfaction or discharge of the debt, if the payment, satisfaction or discharge was made before October 1, 1993, a title insurer may prepare and cause to be recorded a release of the deed of trust.


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ê1999 Statutes of Nevada, Page 58 (Chapter 25, SB 96)ê

 

a title insurer may prepare and cause to be recorded a release of the deed of trust. At least 30 calendar days before the recording of a release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person. A release prepared and recorded pursuant to this subsection shall be deemed a reconveyance of a deed of trust. The title insurer shall not cause a release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, the trustor, the owner of the land, the holder of the escrow or the owner of the debt secured by the deed of trust or his agent.

    5.  The release prepared pursuant to subsection 4 must set forth:

    (a) The name of the beneficiary;

    (b) The name of the trustor;

    (c) The recording reference to the deed of trust;

    (d) A statement that the debt secured by the deed of trust has been paid in full or otherwise satisfied or discharged;

    (e) The date and amount of payment or other satisfaction or discharge; and

    (f) The name and address of the title insurer issuing the release.

    6.  A release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.

    7.  A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a reconveyance or release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow, or earlier than 60 calendar days before the payment, satisfaction or discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.

    8.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a release of a deed of trust pursuant to this section is liable for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the release.

    9.  Any person who willfully violates this section is guilty of a misdemeanor.

    Sec. 3.  NRS 107.078 is hereby amended to read as follows:

    107.078  1.  If a deed of trust made on or after October 1, 1995, authorizes the grantor to discharge in part the debt secured by the deed of trust and the deed of trust authorizes a partial reconveyance of the estate in real property in consideration of a partial discharge, the beneficiary shall, within 21 calendar days after receiving notice that the debt secured by the deed of trust has been partially discharged, deliver to the trustee a properly executed request for a partial reconveyance of the estate in real property conveyed to the trustee by the grantor.


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ê1999 Statutes of Nevada, Page 59 (Chapter 25, SB 96)ê

 

    2.  Within 45 calendar days after a debt secured by a deed of trust made on or after October 1, 1995, is partially discharged and a properly executed request for a partial reconveyance is received by the trustee, the trustee shall cause to be recorded a partial reconveyance of the deed of trust.

    3.  If the beneficiary fails to deliver to the trustee a properly executed request for a partial reconveyance pursuant to subsection 1, or if the trustee fails to cause to be recorded a partial reconveyance of the deed of trust pursuant to subsection 2, the beneficiary or the trustee, as the case may be, is liable in a civil action to the grantor, his heirs or assigns in the amount of [$100,] $500, plus a reasonable attorney’s fee and the costs of bringing the action, and he is liable in a civil action to any party to the deed of trust for any actual damages caused by his failure to comply with the provisions of this section and for a reasonable attorney’s fee and the costs of bringing the action.

    4.  Except as otherwise provided in this subsection, if a partial reconveyance is not recorded pursuant to subsection 2 within 75 calendar days after the partial satisfaction of the debt and if the satisfaction was made on or after October 1, 1995, a title insurer may prepare and cause to be recorded a partial release of the deed of trust. At least 30 calendar days before the recording of a partial release pursuant to this subsection, the title insurer shall mail, by first-class mail, postage prepaid, notice of the intention to record the partial release of the deed of trust to the trustee, trustor and beneficiary of record, or their successors in interest, at the last known address of each such person. A partial release prepared and recorded pursuant to this subsection shall be deemed a partial reconveyance of a deed of trust. The title insurer shall not cause a partial release to be recorded pursuant to this subsection if the title insurer receives written instructions to the contrary from the trustee, trustor, owner of the land, holder of the escrow or owner of the debt secured by the deed of trust or his agent.

    5.  The release prepared pursuant to subsection 4 must set forth:

    (a) The name of the beneficiary;

    (b) The name of the trustor;

    (c) The recording reference to the deed of trust;

    (d) A statement that the debt secured by the deed of trust has been partially discharged;

    (e) The date and amount of partial payment or other partial satisfaction or discharge;

    (f) The name and address of the title insurer issuing the partial release; and

    (g) The legal description of the estate in real property which is reconveyed.

    6.  A partial release prepared and recorded pursuant to subsection 4 does not relieve a beneficiary or trustee of the requirements imposed by subsections 1 and 2.

    7.  A trustee may charge a reasonable fee to the trustor or the owner of the land for services relating to the preparation, execution or recordation of a partial reconveyance or partial release pursuant to this section. A trustee shall not require the fees to be paid before the opening of an escrow or earlier than 60 calendar days before the partial payment or partial satisfaction or discharge of the debt secured by the deed of trust.


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ê1999 Statutes of Nevada, Page 60 (Chapter 25, SB 96)ê

 

discharge of the debt secured by the deed of trust. If a fee charged pursuant to this subsection does not exceed $100, the fee is conclusively presumed to be reasonable.

    8.  In addition to any other remedy provided by law, a title insurer who improperly causes to be recorded a partial release of a deed of trust pursuant to this section is liable for actual damages and for a reasonable attorney’s fee and the costs of bringing the action to any person who is injured because of the improper recordation of the partial release.

    9.  Any person who willfully violates this section is guilty of a misdemeanor.

    Sec. 4.  The amendatory provisions of this act do not apply to offenses or violations that are committed before October 1, 1999.

________

 

CHAPTER 26, AB 68

Assembly Bill No. 68–Assemblywoman Evans

 

CHAPTER 26

 

AN ACT relating to the protection of children; providing civil and criminal immunity to persons who cause medical tests to be performed on children suspected of being abused or neglected or provide records or copies thereof of those medical tests to certain persons; requiring those medical records or copies thereof to be provided to certain law enforcement agencies, agencies that provide protective services to children and the prosecuting attorney’s office; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 432B.160 is hereby amended to read as follows:

    432B.160  1.  Immunity from civil or criminal liability extends to every person who in good faith:

    (a) Makes a report pursuant to the provisions of NRS 432B.220;

    (b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;

    (c) Allows or takes photographs or X‑rays pursuant to NRS 432B.270;

    (d) Causes a medical test to be performed pursuant to NRS 432B.270;

    (e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency that provides protective services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorney’s office;

    (f) Holds a child pursuant to NRS 432B.400 or places a child in protective custody;

    [(e)] (g) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or

    [(f)] (h) Participates in a judicial proceeding resulting from a referral or recommendation.

    2.  In any proceeding to impose liability against a person for:

    (a) Making a report pursuant to subsection 2 of NRS 432B.220; or


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ê1999 Statutes of Nevada, Page 61 (Chapter 26, AB 68)ê

 

    (b) Any of the acts set forth in paragraphs (b) to [(f),] (h), inclusive, of subsection 1,

there is a presumption that the person acted in good faith.  

    Sec. 2.  NRS 432B.270 is hereby amended to read as follows:

    432B.270  1.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of and outside the presence of any person responsible for the child’s welfare, interview a child concerning any possible abuse or neglect. The child may be interviewed at any place where he is found. The designee shall, immediately after the conclusion of the interview, if reasonably possible, notify a person responsible for the child’s welfare that the child was interviewed, unless the designee determines that such notification would endanger the child.

    2.  A designee of an agency investigating a report of abuse or neglect of a child may, without the consent of the person responsible for a child’s welfare:

    (a) Take or cause to be taken photographs of the child’s body, including the areas of trauma; and

    (b) If indicated after consultation with a physician, cause X‑rays or medical tests to be performed on a child.

    3.  Upon the taking of any photographs [,] or X‑rays or the performance of any medical tests pursuant to subsection 2, the person responsible for the child’s welfare must be notified immediately , if reasonably possible, unless the designee determines [such] that the notification would endanger the child. The reasonable cost of these photographs, X‑rays or medical tests must be paid by the agency providing protective services if money is not otherwise available.

    4.  Any photographs or X‑rays taken or records of any medical tests performed pursuant to subsection 2, or any medical records relating to the examination or treatment of a child pursuant to this section, or copies thereof, must be sent to the agency providing protective services , [and to] the law enforcement agency participating in the investigation of the report [. The photograph or X‑ray:] and the prosecuting attorney’s office. Each photograph, X-ray, result of a medical test or other medical record:

    (a) Must be accompanied by a statement or certificate signed by the custodian of medical records of the health care facility where the photograph or X-ray was taken or the treatment, examination or medical test was performed, indicating [the] :

         (1) The name of the child [, the] ;

         (2) The name and address of the person [taking] who took the photograph or X‑ray [and the] , performed the medical test or examined or treated the child; and

         (3) The date on which the photograph or X‑ray was taken [;] or the treatment, examination or medical test was performed;

    (b) Is admissible in any proceeding relating to the abuse or neglect of the child; and

    (c) May be given to the child’s parent or guardian if he pays the cost of duplicating them.


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ê1999 Statutes of Nevada, Page 62 (Chapter 26, AB 68)ê

 

    5.  As used in this section, “medical test” means any test performed by or caused to be performed by a provider of health care, including, without limitation, a computerized axial tomography scan and magnetic resonance imaging.

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

________

 

CHAPTER 27, AB 104

Assembly Bill No. 104–Committee on Commerce and Labor

 

CHAPTER 27

 

AN ACT relating to campgrounds; revising the fees required to be paid by certain developers who sell memberships in campgrounds; and providing other matters properly relating thereto.

 

[Approved March 29, 1999]

 

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

 

    Section 1.  NRS 119B.210 is hereby amended to read as follows:

    119B.210  1.  The administrator shall collect the following fees at such times and upon such conditions as he may provide by regulation:

 

For an initial permit to sell memberships in a campground............... $500

For renewal of a permit............................................................................... 500

For each amendment to a public offering statement after the issuance of the report  100

Application fee for registration of a representative.................................. 65

For renewal of the registration of a representative................................... 65

For each transfer of a registration of a representative to a different developer or location         20

For reinstatement of the registration of a representative........................ 25

 

    2.  Each developer shall pay an additional fee for each membership he sells in a campground [containing] in which more than 50 [sites for camping] memberships are available pursuant to the following schedule:

 

Amount to be

    Number of [time shares] memberships               paid per [site] membership

 

    51—250     $5.00

    251—500     4.00

    501—750     3.00

    751—1500   2.50

    over 1500     1.00

 

    3.  The administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.


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ê1999 Statutes of Nevada, Page 63 (Chapter 27, AB 104)ê

 

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

________

 

CHAPTER 28, SB 255

Senate Bill No. 255–Senators Raggio, Townsend, Jacobsen, Washington and Mathews

 

Joint Sponsors: Assemblymen Gibbons, Anderson, Brower, Gustavson, Evans, Humke, Angle, Freeman and Leslie

 

CHAPTER 28

 

AN ACT relating to local governmental financial administration; clarifying the provisions governing the imposition and use of a portion of the taxes on the rental of transient lodging and sales and use taxes in certain counties; providing for the administration and collection of the sales and use taxes by the department of taxation; ratifying certain actions of the Board of County Commissioners of Washoe County concerning the imposition of a portion of the sales and use taxes; clarifying the construction of certain commitments made by the City of Reno; and providing other matters properly relating thereto.

 

[Approved March 30, 1999]

 

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

 

    Section 1.  Section 21 of Chapter 506, Statutes of Nevada 1997, as added by section 1 of chapter 439, Statutes of Nevada 1997, at page 1553, is hereby amended to read as follows:

     Sec. 21.  1.  In a county whose population is 100,000 or more but less than 400,000, the governing body of an incorporated city within the county that has created a district pursuant to NRS 268.781 may by ordinance impose within that district a tax at the rate of not more than 1 percent of the gross receipts from the rental of transient lodging throughout the district.

     2.  A tax imposed pursuant to this section may be imposed in addition to all other taxes imposed on the revenue from the rental of transient lodging.

     3.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

     4.  The proceeds of the tax and any applicable penalty or interest must be [retained by the city and used for the payment of principal and interest on notes, bonds or other obligations issued by the city] used to fund the acquisition, establishment, construction or expansion of one or more railroad grade separation projects [.] , including the payment and prepayment of principal and interest on notes, bonds or other obligations issued to fund such projects.

     5.  A tax imposed by this section must be collected and enforced in the same manner as provided for the collection of the tax imposed by NRS 268.096.


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ê1999 Statutes of Nevada, Page 64 (Chapter 28, SB 255)ê

 

    Sec. 2.  Section 24 of Chapter 506, Statutes of Nevada 1997, as amended by section 2 of chapter 439, Statutes of Nevada 1997, at page 1554, is hereby amended to read as follows:

     Sec. 24.  1.  The board of county commissioners of Washoe County may by ordinance, but not as in a case of emergency, impose a tax upon the retailers at the rate of not more than one-eighth of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county if:

     (a) The City of Reno imposes a tax on the rental of transient lodging pursuant to section 21 of this act in the maximum amount allowed by that section; and

     (b) The board receives a written commitment from one or more [other] sources for the expenditure of not less than one-half of the total cost of a project for the acquisition, establishment, construction or expansion of railroad grade separation projects in Washoe County [.] , including the estimated proceeds of the tax described in paragraph (a).

     2.  An ordinance enacted pursuant to subsection 1 may not become effective before a question concerning the imposition of the tax is approved by a two-thirds majority of the members of the board of county commissioners.

     3.  An ordinance enacted pursuant to subsection 1 must specify the date on which the tax must first be imposed which must occur on the first day of the first month of the next calendar quarter that is at least 60 days after the date on which a two-thirds majority of the board of county commissioners approved the question.

     4.  An ordinance enacted pursuant to subsection 1 must include provisions in substance as follows:

     (a) Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

     (b) A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of an ordinance enacted pursuant to subsection 1.

     (c) A provision stating the specific purpose for which the proceeds of the tax must be expended.

     (d) [A provision that the county shall contract before the effective date of the ordinance with the department of taxation to perform all functions incident to the administration or operation of the tax in the county.

     (e)] A provision that exempts from the tax the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract:

         (1) Entered into on or before the effective date of the tax; or

         (2) For the construction of an improvement to real property for which a binding bid was submitted before the effective date of the tax if the bid was afterward accepted,


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ê1999 Statutes of Nevada, Page 65 (Chapter 28, SB 255)ê

 

if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax.

     5.  No ordinance imposing a tax which is enacted pursuant to subsection 1 may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds or other obligations which are payable from or secured by a pledge of a tax enacted pursuant to subsection 1 until those bonds or other obligations have been discharged in full.

     6.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.

     7.  The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund.

     8.  The state controller, acting upon the collection data furnished by the department of taxation, shall monthly:

     (a) Transfer from the sales and use tax account to the appropriate account in the state general fund a percentage of all fees, taxes, interest and penalties collected pursuant to this section during the preceding month as compensation to the state for the cost of collecting the taxes. The percentage to be transferred pursuant to this paragraph must be the same percentage as the percentage of proceeds transferred pursuant to paragraph (a) of subsection 3 of NRS 374.785 but the percentage must be applied to the proceeds collected pursuant to this section only.

     (b) Determine for the county an amount of money equal to any fees, taxes, interest and penalties collected in or for the county pursuant to this section during the preceding month, less the amount transferred to the state general fund pursuant to paragraph (a).

     (c) Transfer the amount determined for the county to the intergovernmental fund and remit the money to the county treasurer.

     9.  The county treasurer shall deposit the money received pursuant to subsection 8 in the county treasury for credit to a fund to be known as the railroad grade separation projects fund. The railroad grade separation projects fund must be accounted for as a separate fund and not as a part of any other fund.

     10.  The money in the railroad grade separation projects fund, including interest and any other income from the fund must [only be expended] be used by the board of county commissioners [for the payment of principal and interest on notes, bonds or other securities issued to provide money] for the cost of the acquisition, establishment, construction or expansion of one or more railroad grade separation projects [.] , including the payment and prepayment of principal and interest on notes, bonds or other obligations issued to fund such projects.

    Sec. 3.  1.  The actions of the Board of County Commissioners of Washoe County in adopting Ordinance No. 1047 imposing the 1/4-cent sales and use tax in accordance with the provisions of chapters 439 and 506, Statutes of Nevada 1997, are hereby ratified, validated, approved and confirmed.


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ê1999 Statutes of Nevada, Page 66 (Chapter 28, SB 255)ê

 

Statutes of Nevada 1997, are hereby ratified, validated, approved and confirmed. Any commitment which has been provided by the City of Reno pursuant to section 24 of chapter 506, Statutes of Nevada 1997, as amended by section 2 of chapter 439, Statutes of Nevada 1997, shall be interpreted in accordance with the amendments made by sections 1 and 2 of this act and shall be construed as providing only the commitment required by the provisions of section 24 of chapter 506, Statutes of Nevada 1997, as amended by section 2 of chapter 439, Statutes of Nevada 1997, and by sections 1 and 2 of this act.          2.  Notwithstanding the provisions of subsection 5 of NRS 377B.110, for the one-eighth of 1 percent sales and use tax imposed pursuant to NRS 377B.110 and the one-eighth of 1 percent sales and use tax imposed pursuant to section 24 of chapter 506, Statues of Nevada 1997, as amended by section 2 of chapter 439, Statutes of Nevada 1997, and section 2 of this act, Washoe County need not enter into a contract with the Department of Taxation to perform all functions incident to the administration or operation of the taxes in the county.

    3.  Washoe County shall pay to the Department of Taxation the administrative expenses of the collection of the sales and use taxes imposed by Ordinance No. 1047 in the amount equal to the percentage of the proceeds of the tax retained by the Department of Taxation pursuant to paragraph (a) of subsection 3 of NRS 374.785 through a deduction from the gross revenue derived from the tax imposed by Ordinance No. 1047.

    4.  The Department of Taxation shall perform all functions incident to the administration or operation of the taxes imposed by Ordinance No. 1047 and shall transfer to the Railroad Grade Separation Fund of Washoe County each month one-half of the net revenue derived from the taxes imposed by Ordinance No. 1047 and shall transfer to the Washoe County Infrastructure Fund each month the other one-half of the net revenue derived from the taxes imposed by Ordinance No. 1047.

    Sec. 4.  The amendatory provisions of sections 1 and 2 of this act are intended to clarify the original intent of the Legislature when it adopted, respectively, section 21 of chapter 506, Statutes of Nevada 1997, as added by section 1 of chapter 439, Statutes of Nevada 1997, at page 1553, and section 24 of chapter 506, Statutes of Nevada 1997, as amended by section 2 of chapter 439, Statutes of Nevada 1997, at page 1554.

    Sec. 5.  This act becomes effective upon passage and approval.

________

 


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ê1999 Statutes of Nevada, Page 67ê

 

CHAPTER 29, AB 22

Assembly Bill No. 22–Assemblywoman Cegavske

 

CHAPTER 29

 

AN ACT relating to prisoners; requiring a court to deduct money owed for restitution from a monetary judgment awarded to or settlement entered into by a person who is or was imprisoned in the state prison or a county or city jail or detention facility in a civil action brought against the State of Nevada, a county or a city; requiring a prisoner who has filed an action for small claims to pay the estimated costs of his transportation to the department of prisons in advance; and providing other matters properly relating thereto.

 

[Approved April 1, 1999]

 

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

 

    Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 4, if a person who is or was imprisoned in the state prison or a county or city jail or detention facility is awarded a judgment against:

    (a) The State of Nevada, a county or a city;

    (b) A department, commission, board or other agency of the State of Nevada, a county or a city; or

    (c) A current or former officer, employee or contractor of the State of Nevada, a county or a city,

arising from a civil action that accrued while the person was imprisoned in the state prison or county or city jail or detention facility, the person or governmental entity that pays the judgment shall deposit the money for the judgment with the court. The court shall deduct from the money received from the judgment any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.

    2.  Except as otherwise provided in subsection 4, if a person enters into a settlement for money in an action described in subsection 1, the person or governmental entity that pays the settlement shall deposit the money for the settlement with the court in which the action was filed or the district court of the county in which the person resides if no action was filed. The court shall deduct from the money deposited with the court any amount of money owed by the person for restitution and send the money to the appropriate person, governmental agency or political subdivision of a governmental agency to whom restitution is owed.

    3.  If any money remains after the court makes the deduction pursuant to subsection 1 or 2, the court shall forward the remaining money to the person who initiated the action.

    4.  The provisions of this section do not apply to a judgment or settlement in a case that involves the death of a person who was imprisoned.


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ê1999 Statutes of Nevada, Page 68 (Chapter 29, AB 22)ê

 

    Sec. 2.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 3, if an offender has filed an action for small claims pursuant to chapter 73 of NRS and the offender requests to appear as a witness in the action, he shall pay the department in advance for the costs the department estimates will be incurred in providing transportation for the offender to appear in court.

    2.  Within 30 days after providing transportation for an offender to appear in court pursuant to subsection 1, the department shall:

    (a) Reimburse the offender for any amount paid by him that exceeds the actual cost incurred by the department in providing transportation for the offender; or

    (b) Charge the offender for any cost incurred by the department in providing transportation for the offender that exceeds the amount paid by the defendant pursuant to subsection 1.

    3.  The provisions of this section do not apply to indigent offenders.

________

 

CHAPTER 30, AB 79

Assembly Bill No. 79–Committee on Judiciary

 

CHAPTER 30

 

AN ACT relating to parole; requiring the division of parole and probation of the department of motor vehicles and public safety to categorize a discharge from parole as honorable or dishonorable; requiring that a parolee must be issued an honorable discharge to have his civil rights restored; and providing other matters properly relating thereto.

 

[Approved April 1, 1999]

 

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

 

    Section 1.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The division shall issue an honorable discharge to a parolee whose term of sentence has expired if the parolee has:

    (a) Fulfilled the conditions of his parole for the entire period of his parole; or

    (b) Demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court.

    2.  The division shall issue a dishonorable discharge to a parolee whose term of sentence has expired if:

    (a) The whereabouts of the parolee are unknown;

    (b) The parolee has failed to make full restitution as ordered by the court, without a verified showing of economic hardship; or

    (c) The parolee has otherwise failed to qualify for an honorable discharge pursuant to subsection 1.

    3.  Any amount of restitution that remains unpaid by a person after he has been discharged from parole constitutes a civil liability as of the date of discharge.


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ê1999 Statutes of Nevada, Page 69 (Chapter 30, AB 79)ê

 

    Sec. 2.  NRS 213.107 is hereby amended to read as follows:

    213.107  As used in NRS 213.107 to 213.157, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Board” means the state board of parole commissioners.

    2.  “Chief” means the chief parole and probation officer.

    3.  “Division” means the division of parole and probation of the department of motor vehicles and public safety.

    4.  “Residential confinement” means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.

    5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

    6.  “Sexual offense” means:

    (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;

    (b) An attempt to commit any offense listed in paragraph (a); or

    (c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

    7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.

    Sec. 3.  NRS 213.155 is hereby amended to read as follows:

    213.155  1.  The board may restore a paroled prisoner to his civil rights, [such restoration to] conditioned upon the prisoner receiving an honorable discharge from parole pursuant to section 1 of this act. Such restoration must take effect at the expiration of [his parole.] the parole of the prisoner.

    2.  In any case where a convicted person has completed his parole without immediate restoration of his civil rights , has been issued an honorable discharge from parole pursuant to section 1 of this act and has not been convicted of any offense greater than a traffic violation within 5 years after completion of parole, he may apply to the state board of parole commissioners for restoration of his civil rights and release from penalties and disabilities which resulted from the offense or crime of which he was convicted. The application must be accompanied by a current, certified record of the applicant’s criminal history received from the central repository for Nevada records of criminal history. If, after investigation, the board determines that the applicant meets the requirements of this subsection, it shall restore him to his civil rights and release him from all penalties and disabilities resulting from the offense or crime of which he was convicted. If the board refuses to grant such restoration and release, the applicant may, after notice to the board, petition the district court in which the conviction was obtained for an order directing the board to grant such restoration and release.

    3.  The board may adopt regulations necessary or convenient for the purposes of this section.


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ê1999 Statutes of Nevada, Page 70 (Chapter 30, AB 79)ê

 

    Sec. 4.  The amendatory provisions of this act must not be construed to prohibit a person who was discharged from parole before the effective date of this act from having his civil rights restored.

    Sec. 5.  This act becomes effective upon passage and approval.

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CHAPTER 31, AB 24

Assembly Bill No. 24–Committee on Judiciary

 

CHAPTER 31

 

AN ACT relating to courts; authorizing courts to contract for the acceptance of credit cards and debit cards for the payment of fees, fines and other charges owed to the court; and providing other matters properly relating thereto.

 

[Approved April 1, 1999]

 

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

 

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

    1.  A court in this state may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the court for the payment of money owed to the court for a fee, fine, administrative assessment, restitution or any other charge owed to the court.

    2.  If the issuer charges the court a fee for each use of a credit card or debit card, the court may require the cardholder to pay a fee. The fee charged by the court must not exceed the amount charged by the issuer for the use of the card.

    3.  As used in this section:

    (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

    (b) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

    (c) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

    (d) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

    Sec. 2.  NRS 354.770 is hereby amended to read as follows:

    354.770  1.  A local government may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the local government:

    (a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or

    (b) In payment for goods or services.


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ê1999 Statutes of Nevada, Page 71 (Chapter 31, AB 24)ê

 

    2.  If the issuer charges the local government a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include a provision that requires the local government to pay the fee charged by the issuer for the use of the credit card or debit card.

    3.  The payment of fees charged by the issuer for each use of a credit card or debit card must be treated in the same manner as any other administrative cost of the local government.

    4.  As used in this section:

    (a) “Cardholder” means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.

    (b) “Credit card” means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

    (c) “Debit card” means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.

    (d) “Issuer” means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.

    (e) “Local government” has the meaning ascribed to it in NRS 354.474 [.] , except that the term does not include a court that has entered into a contract pursuant to section 1 of this act.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 32, AB 128

Assembly Bill No. 128–Committee on Government Affairs

 

CHAPTER 32

 

AN ACT relating to state obligations; authorizing a state agency that issues bonds in the name of the state to delegate the authority to sign a contract for the purchase of the bonds to a person designated by the state treasurer; authorizing the state treasurer to employ legal, financial and other professional services in connection with the authorization, sale or issuance of certain obligations; expanding the time within which certain bonds for highway construction must mature; and providing other matters properly relating thereto.

 

[Approved April 7, 1999]

 

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

 

    Section 1.  NRS 349.303 is hereby amended to read as follows:

    349.303  1.  The commission may, before any sale of bonds, delegate to the treasurer or his designee the authority to sign a contract for the purchase of the bonds or to accept a binding bid for the bonds subject to the requirements specified by the commission concerning:

    (a) The rate of interest on the bonds;

    (b) The dates on which and the prices at which the bonds may be called for redemption before maturity;


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ê1999 Statutes of Nevada, Page 72 (Chapter 32, AB 128)ê

 

    (c) The price at which the bonds will be sold; and

    (d) The principal amount of the bonds and the amount of principal maturing in any particular year.

    2.  All terms of the bonds other than:

    (a) The rate of interest;

    (b) The dates and prices for the redemption of the bonds;

    (c) The price for the sale of the bonds;

    (d) The principal amount of the bonds; and

    (e) The requirements for the principal maturing in particular years,

must be approved by the commission before the bonds are delivered.

    3.  The final rate of interest, dates and prices of redemption, price for the sale of the bonds, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the commission if each of those terms complies with the requirements specified by the commission before the contract for the purchase of the bonds is signed or the bid for the bonds is accepted.

    Sec. 2.  NRS 226.100 is hereby amended to read as follows:

    226.100  1.  The state treasurer may appoint and employ a chief deputy, a deputy of [operations,] debt management, a deputy of investments, a deputy of cash management and an assistant to the state treasurer in the unclassified service of the state.

    2.  Except as otherwise provided in NRS 284.143, the chief deputy state treasurer 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.

    Sec. 3.  NRS 226.110 is hereby amended to read as follows:

    226.110  The state treasurer:

    1.  Shall receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.

    2.  Shall receipt to the state controller for all money received, from whatever source, at the time of receiving it.

    3.  Shall establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.

    4.  Shall disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered, and paid in the order of their registry. The state treasurer may use any sampling or post-audit technique, or both, which he considers reasonable to verify the proper distribution of warrants.

    5.  Shall keep a just, true and comprehensive account of all money received and disbursed.

    6.  Shall deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.

    7.  Shall fix, charge and collect reasonable fees for:

    (a) Investing the money in any fund or account which is credited for interest earned on money deposited in it; and

    (b) Special services rendered to other state agencies or to members of the public which increase the cost of operating his office.


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ê1999 Statutes of Nevada, Page 73 (Chapter 32, AB 128)ê

 

    8.  Serves as the primary representative of the state in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive.

    9.  Is directly responsible for the issuance of any obligation authorized on the behalf and in the name of the state, except as otherwise provided in NRS 538.206 and except for those obligations issued pursuant to chapter 319 of NRS and NRS 349.400 to 349.987, inclusive. The state treasurer [shall] :

    (a) Shall issue such an obligation as soon as practicable after receiving a request from a state agency for the issuance of the obligation.

    (b) May, except as otherwise provided in NRS 538.206, employ necessary legal, financial or other professional services in connection with the authorization, sale or issuance of such an obligation.

    10.  May organize and facilitate statewide pooled financing programs, including lease purchases, for the benefit of the state and any political subdivision, including districts organized pursuant to NRS 450.550 to 450.750, inclusive, and chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS.

    Sec. 4.  NRS 408.273 is hereby amended to read as follows:

    408.273  1.  The state board of finance shall, when so requested by the board , [of directors of the department of transportation,] issue special obligation bonds of the State of Nevada to provide money to enable the department [of transportation] to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by [a] :

    (a) A pledge of the appropriate federal highway grants payable to the state [and by] ; or

    (b) The appropriate federal highway grants payable to the state and taxes which are credited to the state highway fund,

and must mature within not more than [10] 20 years from their date.

    2.  The department shall cooperate with the state treasurer in the issuance of the bonds.

    3.  The state treasurer may employ any necessary legal, financial or other professional services in connection with the issuance of the bonds.

    Sec. 5.  NRS 538.206 is hereby amended to read as follows:

    538.206  Before issuing any general obligation which the commission is authorized by law to issue on behalf and in the name of the State of Nevada, the commission shall consult the state treasurer. The chairman of the commission and the state treasurer [shall jointly] , jointly:

    1.  Shall represent the State of Nevada in matters concerning any nationally recognized bond credit rating agency for the purposes of the issuance of any such obligation.


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ê1999 Statutes of Nevada, Page 74 (Chapter 32, AB 128)ê

 

    2.  May employ any necessary legal, financial or other professional services in connection with the authorization, sale or issuance of any such obligation.

    Sec. 6.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 33, AB 127

Assembly Bill No. 127–Committee on Government Affairs

 

CHAPTER 33

 

AN ACT relating to notaries public; providing that information obtained by the secretary of state during an investigation of a violation of certain provisions concerning notaries public is confidential; providing that an applicant for appointment as a notary public is not required to disclose his residential address or telephone number on certain documents; increasing fees that notaries public may charge for providing certain services; and providing other matters properly relating thereto.

 

[Approved April 7, 1999]

 

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

 

    Section 1.  Chapter 240 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, information and documents filed with or obtained by the secretary of state pursuant to NRS 240.001 to 240.169, inclusive, are public information and are available for public examination.

    2.  Except as otherwise provided in subsections 3 and 4, information and documents obtained by or filed with the secretary of state in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, are not public information and are confidential.

    3.  The secretary of state may submit any information or evidence obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, to the appropriate district attorney for the purpose of prosecuting a criminal action.

    4.  The secretary of state may disclose any information or documents obtained in connection with an investigation concerning a possible violation of the provisions of NRS 240.001 to 240.169, inclusive, to an agency of this state or a political subdivision of this state.

    Sec. 2.  NRS 240.001 is hereby amended to read as follows:

    240.001  As used in NRS 240.001 to 240.169, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 240.002 to 240.006, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 240.030 is hereby amended to read as follows:

    240.030  1.  Except as otherwise provided in subsection 4, each person applying for appointment as a notary public must:

    (a) At the time he submits his application, pay to the secretary of state $35.


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ê1999 Statutes of Nevada, Page 75 (Chapter 33, AB 127)ê

 

    (b) Take and subscribe to the oath set forth in section 2 of article 15 of the constitution of the State of Nevada as if he were a public officer.

    (c) Enter into a bond to the State of Nevada in the sum of $10,000, to be filed with the clerk of the county in which the applicant resides or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. The applicant shall submit to the secretary of state a certificate issued by the appropriate county clerk which indicates that the applicant filed the bond required pursuant to this paragraph.

    2.  In addition to the requirements set forth in subsection 1, an applicant for appointment as a notary public , including, without limitation, a court reporter, who resides in an adjoining state must submit to the secretary of state with his application:

    (a) An affidavit setting forth the [address of his place of residence] adjoining state in which he resides, his mailing address and the address of his place of business or employment that is located within the State of Nevada; and

    (b) Unless the applicant is self-employed, an affidavit from his employer setting forth the facts that show:

         (1) The employer is licensed to do business in the State of Nevada; and

         (2) The employer regularly employs the applicant at an office, business or facility which is located within the State of Nevada.

    3.  In completing an application, bond, oath or other document necessary to apply for appointment as a notary public, an applicant [who is employed as a peace officer and is required to be a notary public as a condition of that employment] must not be required to disclose his residential address or telephone number on any such document which will become available to the public.

    4.  A court reporter who has received a certificate of registration pursuant to NRS 656.180 may apply for appointment as a notary public with limited powers. Such an applicant is not required to enter into a bond to obtain the limited power of a notary public to administer oaths or affirmations.

    5.  If required, the bond, together with the oath, must be filed and recorded in the office of the county clerk of the county in which the applicant resides when he applies for his appointment or, if the applicant is a resident of an adjoining state, with the clerk of the county in this state in which the applicant maintains a place of business or is employed. On a form provided by the secretary of state, the county clerk shall immediately certify to the secretary of state that the required bond and oath have been filed and recorded. Upon receipt of the application, fee and certification that the required bond and oath have been filed and recorded, the secretary of state shall issue a certificate of appointment as a notary public to the applicant.

    6.  Except as otherwise provided in this subsection, the secretary of state shall charge a fee of $10 for each duplicate or amended certificate of appointment which is issued to a notary. If the notary public does not receive an original certificate of appointment, the secretary of state shall provide a duplicate certificate of appointment without charge if the notary public requests such a duplicate within 60 days after the date on which the original certificate was issued.


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ê1999 Statutes of Nevada, Page 76 (Chapter 33, AB 127)ê

 

    Sec. 4.  NRS 240.100 is hereby amended to read as follows:

    240.100  1.  Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:

 

For taking an acknowledgment, for the first signature of each signer..................... [$2].. $5.00

For each additional signature of each signer.................................................................. [1].... 2.50

For administering an oath or affirmation without a signature.................................... [1].... 2.50

For a certified copy............................................................................................................. [1].... 2.50

For a jurat, for each signature on the affidavit.............................................................. [2].... 5.00

 

    2.  All fees prescribed in this section are payable in advance, if demanded.

    3.  A notary public may charge an additional fee for traveling to perform a notarial act if:

    (a) The person requesting the notarial act asks the notary public to travel;

    (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;

    (c) The person requesting the notarial act agrees in advance upon the amount of the additional fee; and

    (d) The additional fee does not exceed the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

    4.  A person who employs a notary public may prohibit the notary public from charging a fee for a notarial act that the notary public performs within the scope of his employment. Such a person shall not require the notary public whom he employs to surrender to him all or part of a fee charged by the notary public for a notarial act performed outside the scope of his employment.

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