Link to Page 948

 

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ê1999 Statutes of Nevada, Page 949 (Chapter 203, AB 304)ê

 

    2.  Make copies of the written procedures established pursuant to subsection 1 available to the public.

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

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CHAPTER 204, AB 651

Assembly Bill No. 651–Committee on Judiciary

 

CHAPTER 204

 

AN ACT relating to gaming; making various changes relating to the manufacture, sale and distribution of gaming devices and associated equipment and inter-casino linked systems; and providing other matters properly relating thereto.

 

[Approved May 20, 1999]

 

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

 

    Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If an operator of an inter-casino linked system makes the inter-casino linked system available to a nonrestricted licensee, other than during a trial period, the operator shall also make the inter-casino linked system available to any other eligible nonrestricted licensee subject to the provisions of this chapter and reasonable production and delivery schedules. For purposes of this section, a nonrestricted licensee shall be deemed to be eligible if the licensee is a Group I licensee or a Group II licensee, as determined pursuant to the regulations of the commission and otherwise meets the requirements of the commission regarding locations for games that are part of an inter-casino linked system.

    2.  The provisions of subsection 1 do not prevent the imposition by an operator of an inter-casino linked system of different terms and conditions, including prices, based on:

    (a) The quantity or volume of gaming devices connected to an inter-casino linked system that are sold or leased to a licensee or to affiliated licensees by the operator; or

    (b) Credit considerations.

    Sec. 2.  NRS 463.0129 is hereby amended to read as follows:

    463.0129  1.  The legislature hereby finds, and declares to be the public policy of this state, that:

    (a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.

    (b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming [is] and the manufacture, sale and distribution of gaming devices and associated equipment are conducted honestly and competitively, that establishments where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.


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ê1999 Statutes of Nevada, Page 950 (Chapter 204, AB 651)ê

 

    (c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments , [and] the manufacture , sale or distribution of [gambling] gaming devices and associated equipment [.] and the operation of inter-casino linked systems.

    (d) All establishments where gaming is conducted and where [gambling] gaming devices are operated, and manufacturers, sellers and distributors of certain [gambling] gaming devices and equipment , and operators of inter-casino linked systems must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.

    (e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the legislature.

    2.  No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.

    3.  This section does not:

    (a) Abrogate or abridge any common law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or

    (b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.

    Sec. 3.  NRS 463.120 is hereby amended to read as follows:

    463.120  1.  The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.

    2.  The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

    3.  The board and the commission may maintain such other files and records as they may deem desirable.

    4.  Except as otherwise provided in this subsection and subsection 5, all information and data:

    (a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

    (b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;


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ê1999 Statutes of Nevada, Page 951 (Chapter 204, AB 651)ê

 

    (c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;

    (d) Obtained by the board from a manufacturer, distributor or operator , or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices [;] or the operation of an inter-casino linked system; or

    (e) Prepared or obtained by an agent or employee of the board or commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of this chapter,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the board or commission.

    5.  Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

    6.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.

    7.  The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.

    8.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.

    9.  The Nevada gaming commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The commission shall establish a master file containing the information removed from its official records by this section.

    Sec. 4.  NRS 463.15993 is hereby amended to read as follows:

    463.15993  1.  The commission [may] shall adopt regulations governing the approval and operation of inter-casino linked systems and the licensing of the operators of such systems.

    2.  The commission shall include in the regulations, without limitation:

    (a) Standards for the approval and operation of an inter-casino linked system.

    (b) Requirements for the:


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ê1999 Statutes of Nevada, Page 952 (Chapter 204, AB 651)ê

 

         (1) Operator of an inter-casino linked system to disclose to the board, the commission and licensees on a confidential basis the rate of progression of the primary jackpot meter; and

         (2) Establishment of a minimum rate of progression of the primary jackpot meter.

    (c) Criteria for multiple licensing of inter-casino linked systems and the operators of inter-casino linked systems.

    (d) Procedures and criteria for the regular auditing of the regulatory compliance of an operator of an inter-casino linked system.

    Sec. 5.  (Deleted by amendment.)

    Sec. 6.  NRS 463.170 is hereby amended to read as follows:

    463.170  1.  Any person who the commission determines is qualified to receive a license, to be found suitable or to receive any approval required under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this state, may be issued a state gaming license, be found suitable or receive any approval required by this chapter, as appropriate. The burden of proving his qualification to receive any license, be found suitable or receive any approval required by this chapter is on the applicant.

    2.  An application to receive a license or be found suitable must not be granted unless the commission is satisfied that the applicant is:

    (a) A person of good character, honesty and integrity;

    (b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and

    (c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.

    3.  A license to operate a gaming establishment or an inter-casino linked system must not be granted unless the applicant has satisfied the commission that:

    (a) [He] The applicant has adequate business probity, competence and experience, in gaming or generally; and

    (b) The proposed financing of the entire operation is:

         (1) Adequate for the nature of the proposed operation; and

         (2) From a suitable source.

Any lender or other source of money or credit which the commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.

    4.  An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.


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ê1999 Statutes of Nevada, Page 953 (Chapter 204, AB 651)ê

 

made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

    5.  The commission may in its discretion grant a license to:

    (a) A publicly traded corporation which has complied with the provisions of NRS 463.625 to 463.643, inclusive;

    (b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;

    (c) A limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive; and

    (d) A limited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.

    6.  No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the commission, or a limited-liability company, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

    7.  The commission may, by regulation:

    (a) Limit the number of persons who may be financially interested and the nature of their interest in any corporation, other than a publicly traded corporation, limited partnership, limited-liability company or other organization or association licensed under this chapter; and

    (b) Establish such other qualifications for licenses as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the state.

    Sec. 7.  NRS 463.245 is hereby amended to read as follows:

    463.245  1.  Except as otherwise provided in [subsection 3, all] subsections 2, 3 and 4:

    (a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.

    (b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

    2.  A person who has been issued a nonrestricted gaming license may establish a sports pool or race book on the premises of the establishment at which he conducts a nonrestricted gaming operation only after obtaining permission from the commission.

    3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.


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ê1999 Statutes of Nevada, Page 954 (Chapter 204, AB 651)ê

 

    4.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games [.] in accordance with the provisions of this chapter and the regulations adopted by the commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

    Sec. 8.  NRS 463.305 is hereby amended to read as follows:

    463.305  1.  Any person who operates or maintains in this state any gaming device of a specific model, [or] any gaming device which includes a significant modification, or any inter-casino linked system which the board or commission has not approved for testing or for operation, is subject to disciplinary action by the board or commission.

    2.  The board shall maintain a list of approved gaming devices [.] and inter-casino linked systems.

    3.  The commission shall adopt regulations relating to gaming devices and their significant modification [.] and inter-casino linked systems.

    Sec. 9.  NRS 463.370 is hereby amended to read as follows:

    463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

 

Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

 

    2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

    3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months.


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ê1999 Statutes of Nevada, Page 955 (Chapter 204, AB 651)ê

 

next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

    4.  All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person , including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any game, gaming device or inter-casino linked system that is operated on the premises of a licensee is liable to the licensee for [his] that person’s proportionate share of the license fees paid by the licensee pursuant to this section [.] and shall remit or credit the full proportionate share to the licensee on or before the 24th day of each calendar month. The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any game, gaming device or inter-casino linked system that is operated on the premises of the licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

    5.  An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.

    6.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

    (a) The fee due based on the revenue of the month covered by the report; and

    (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

    [6.] 7.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the commission shall:

    (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or


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ê1999 Statutes of Nevada, Page 956 (Chapter 204, AB 651)ê

 

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

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

    [7.] 8.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

    [8.] 9.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

    [9.] 10.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

    (a) Charge and collect the additional license fees determined to be due with interest; or

    (b) Refund any overpayment, with interest thereon, to the licensee,

based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

    [10.] 11.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

    [11.] 12.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.

    Sec. 10.  NRS 463.375 is hereby amended to read as follows:

    463.375  1.  In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for a nonrestricted operation, the commission shall charge and collect from the applicant a license fee of $80 for each slot machine for each calendar year.

    2.  The commission shall charge and collect the fee prescribed in subsection 1, at the rate of $20 for each slot machine for each calendar quarter:

    (a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.

    (b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.

    3.  Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.

    4.  The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.

    5.  Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.


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ê1999 Statutes of Nevada, Page 957 (Chapter 204, AB 651)ê

 

to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

    Sec. 11.  NRS 463.385 is hereby amended to read as follows:

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

    2.  The commission shall:

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

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

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

    3.  Any other person, including, without limitation, an operator of an inter-casino linked system, who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that person’s proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensee’s revenue from any slot machine that is operated on the premises of a licensee for that person’s proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.

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

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

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

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

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

    [5.] 6.  There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991 , at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997 [.]


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ê1999 Statutes of Nevada, Page 958 (Chapter 204, AB 651)ê

 

1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991 , at page 2382, and the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997 [.] , at page 3106. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.

    [6.] 7.  After the requirements of subsection [5] 6 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including, but not limited to, capital improvement projects for the community colleges of the University and Community College System of Nevada. As used in this subsection, “construction” includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.

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


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ê1999 Statutes of Nevada, Page 959 (Chapter 204, AB 651)ê

 

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

    Sec. 12.  An inter-casino linked system that is being operated on the effective date of this act may continue to be operated in accordance with the provisions of this act until the earlier of July 1, 2000, or the date on which the inter-casino linked system is separately approved by the commission pursuant to regulations adopted by the commission. No inter-casino linked system may be operated or exposed for play after July 1, 2000, unless all licenses and approvals have been obtained by the operator of the inter-casino linked system in accordance with the provisions of this act and the regulations adopted by the commission pursuant thereto.

    Sec. 13.  This act becomes effective upon passage and approval.

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CHAPTER 205, AB 100

Assembly Bill No. 100–Committee on Government Affairs

 

CHAPTER 205

 

AN ACT relating to the housing division of the department of business and industry; increasing the permissible aggregate principal amount of the outstanding obligations of the division; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 319.270 is hereby amended to read as follows:

    319.270  1.  Subject to the limitation imposed by subsections 4 and 5, the division may issue its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient money for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure the notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.

    2.  Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, money or other assets of the division pledged thereto.

    3.  In issuing the notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.

    4.  Before any notes or bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding notes or bonds, the administrator [shall] must submit a copy of his finding of the conditions


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ê1999 Statutes of Nevada, Page 960 (Chapter 205, AB 100)ê

 

prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.

    5.  The aggregate principal amount of outstanding bonds, notes and other obligations of the division must not exceed [$1,250,000,000,] $2,000,000,000, of which $100,000,000 must be allocated to veterans who qualify for loans under this chapter, exclusive of any bonds, notes or obligations which have been refunded. The establishment of this debt limitation does not prohibit the division from issuing additional bonds, notes or other obligations if the debt limitation is subsequently increased.

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

________

 

CHAPTER 206, AB 136

Assembly Bill No. 136–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 206

 

AN ACT relating to watercraft; clarifying restrictions on the operation of a vessel; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 488.600 is hereby amended to read as follows:

    488.600  Every owner, operator or person in command of any vessel is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of 5 nautical miles per hour in any of the following areas:

    1.  Within 100 feet of any person who is engaged in the act of bathing [.] , wading, diving, floating or swimming.

    2.  Within 200 feet of any:

    (a) Beach frequented by [bathers.] persons who engage in the acts of bathing, wading, diving, floating or swimming.

    (b) Swimming float, diving platform or lifeline.

    (c) Way or landing float to which vessels are made fast or which is used for the embarkation or discharge of passengers.

    Sec. 2.  NRS 488.620 is hereby amended to read as follows:

    488.620  A person shall not operate a vessel within a water area which is clearly marked by buoys or some other distinguishing device as [a bathing or swimming area. The bathing or swimming areas] an area designated for bathing, wading, diving, floating or swimming. Such an area must be so marked only with the consent of the commission.

________


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ê1999 Statutes of Nevada, Page 961ê

 

CHAPTER 207, AB 188

Assembly Bill No. 188–Committee on Transportation

 

CHAPTER 207

 

AN ACT relating to motor vehicles; revising the grounds for denying, suspending or revoking a license to engage in the activity of a broker of vehicles; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 482.333 is hereby amended to read as follows:

    482.333  1.  A person shall not engage in the activity of a broker of vehicles in this state without first having received a license from the department. Before issuing a license to a broker, the department shall require:

    (a) An application, signed and verified by the applicant, stating that the applicant desires to be licensed as a broker, his residential address, his social security number and the address of his principal place of business;

    (b) A statement as to whether any previous application of the applicant for a license as a vehicle dealer or broker has been denied or whether such a license has been suspended or revoked;

    (c) Payment of a nonrefundable license fee of $125;

    (d) For initial licensure, the submission of a complete set of the applicant’s fingerprints and written permission authorizing the department to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and

    (e) Any other information the department deems necessary.

A license issued pursuant to this section expires on December 31 of the year in which it was issued and may be renewed annually upon the payment of a fee of $50.

    2.  [An application for a broker’s license may be denied and a broker’s license may be suspended or revoked upon the following grounds:

    (a) Conviction of a felony;

    (b) Conviction of a gross misdemeanor;

    (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter;

    (d) Falsification of the application;] The department may deny the issuance of, suspend or revoke a license to engage in the activities of a broker of vehicles upon any of the following grounds:

    (a) Failure of the applicant to have an established place of business in this state.

    (b) Conviction of a felony in this state or any other state, territory or nation.

    (c) Material misstatement in the application.

    (d) Evidence of unfitness of the applicant or licensee.

    (e) Failure or refusal to provide to the department an authorization for the disclosure of financial records for the business as required pursuant to subsection 6 . [; or]


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

ê1999 Statutes of Nevada, Page 962 (Chapter 207, AB 188)ê

 

    (f) Willful failure to comply with a provision of the motor vehicle laws of this state or a directive of the director. For the purpose of this paragraph, failure to comply with a directive of the director advising the licensee of his noncompliance with a provision of the motor vehicle laws of this state or a regulation of the department, within 10 days after the receipt of the directive, is prima facie evidence of willful failure to comply with the directive.

    (g) Failure or refusal to furnish and keep in force any bond.

    (h) Failure on the part of the licensee to maintain a fixed place of business in this state.

    (i) Failure or refusal by the licensee to pay or otherwise discharge a final judgment against the licensee rendered and entered against him, arising out of the misrepresentation of a vehicle, trailer or semitrailer, or out of a fraud committed in connection with the brokering of a vehicle, trailer or semitrailer.

    (j) Failure of the licensee to maintain any other license or bond required by a political subdivision of this state.

    (k) Any other reason determined by the director to be in the best interests of the public.

The director may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.

    3.  If an application for a broker’s license has been denied, the applicant may not reapply sooner than 6 months after the denial.

    4.  A broker’s license must be posted in a conspicuous place on the premises of the broker’s principal place of business.

    5.  If any information submitted in the application for a broker’s license changes, the broker shall submit a written notice of the change to the department within 10 days after the change occurs.

    6.  Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activity of a broker of vehicles, the department may require the applicant or licensee to submit to the department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the department who are authorized to issue a license to an applicant pursuant to NRS 482.333 to 482.334, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.

    7.  Except as otherwise provided in NRS 482.555, any person who fails to comply with the provisions of this section is guilty of a misdemeanor.

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

________

 


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ê1999 Statutes of Nevada, Page 963ê

 

CHAPTER 208, AB 202

Assembly Bill No. 202–Committee on Commerce and Labor

 

CHAPTER 208

 

AN ACT relating to professional land surveyors; authorizing a professional land surveyor to remove certain monuments; prescribing the manner in which such monuments must be perpetuated; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 625.335 is hereby amended to read as follows:

    625.335  1.  A surveyor may enter public or private land, a water course or a body of water to:

    (a) Investigate, recover, establish, reestablish, rehabilitate, perpetuate or use evidence of a boundary location.

    (b) Locate, relocate, use, install , perpetuate or replace a survey monument.

    (c) Perform land or control surveying.

    2.  Before entering private land pursuant to subsection 1, a surveyor must provide written notice to the owner or occupant of the land of the proposed date and approximate time of entry upon the land and a statement of the purpose for entry upon the land. The notice must include the name, number of the license and business affiliation of the surveyor. The surveyor shall obtain the approval of the owner or occupant of the land before entry. An owner shall not unreasonably withhold approval of such entry on his land. The provisions of this subsection are not applicable to an entry made pursuant to NRS 37.050.

    3.  The provisions of this section do not relieve a surveyor from any civil liability for any damage caused by his entry pursuant to subsection 1.

    4.  As used in this section, “surveyor” includes:

    (a) A professional land surveyor or his designee.

    (b) A surveyor employed by the Federal Government or an agency of the Federal Government, the State of Nevada, a political subdivision of the state or an agency of the state.

    Sec. 2.  NRS 625.380 is hereby amended to read as follows:

    625.380  1.  [Monuments] Except as otherwise provided in subsection 3, monuments set must be sufficient in number and durability and efficiently placed so as not to be readily disturbed to ensure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey.

    2.  Any monument set by a professional land surveyor to mark or reference a point on a property or boundary line must be permanently and visibly marked or tagged with the number of the license of the professional land surveyor setting it, each number to be preceded by the letters “P.L.S.”

    3.  Except as otherwise provided in subsection 4, if a monument cannot be set or reset because of steep terrain, water, marsh or existing structures, or if it would be obliterated as a result of construction or maintenance of any highway under the jurisdiction of the department of transportation, one or more reference monuments, as defined in NRS 329.120, must be set.


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ê1999 Statutes of Nevada, Page 964 (Chapter 208, AB 202)ê

 

one or more reference monuments, as defined in NRS 329.120, must be set. In addition to the requirements for a monument set forth in subsections 1 and 2, the letters “RM” must be stamped in the tablet, disc or cap of the reference monument. One reference monument may be used if it is set on the actual line or a prolongation thereof. In all other cases, at least two reference monuments must be used. If the reference monuments do not appear on a record of survey filed in accordance with the provisions of NRS 625.340 to 625.380, inclusive, a corner record must be filed pursuant to chapter 329 of NRS.

    4.  The provisions of subsection 3 do not apply if federal law prohibits the destruction or removal of a monument.

    Sec. 3.  NRS 625.550 is hereby amended to read as follows:

    625.550  1.  [Any] Except as otherwise provided in subsection 2, a person who intentionally removes, changes or defaces any monument that has been properly established and marked by a professional land surveyor as required by this chapter, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.

    2.  [For purposes of] This section does not apply to a professional land surveyor who acts in accordance with NRS 625.380.

    3.  As used in this section, the “value of the loss resulting therefrom” means the cost of restoring or replacing the monuments which have been removed, changed or defaced.

    Sec. 4.  NRS 206.220 is hereby amended to read as follows:

    206.220  1.  [Every] Except as otherwise provided in subsection 2, every person who willfully or maliciously:

    (a) Removes any monument of stone, wood or other durable material erected, or post or stake fixed or driven in the ground, for the purpose of designating the corner, or any other point, in the boundary of this state or any political subdivision thereof, or any lot or tract of land, or any mining claim or claims;

    (b) Alters the marks upon any tree, post or other monument made for the purpose of designating any point, course or line, in any such boundary; or

    (c) Cuts down or removes any tree upon which any such marks are made for that purpose, with the intent to destroy such marks,

is guilty of a public offense proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.

    2.  [For purposes of] This section does not apply to a professional land surveyor who acts in accordance with NRS 625.380.

    3.  As used in this section, the “value of the loss resulting therefrom” means the cost of restoring or replacing the marks or monuments which have been removed, altered or destroyed.

________

 


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ê1999 Statutes of Nevada, Page 965ê

 

CHAPTER 209, AB 207

Assembly Bill No. 207–Assemblymen Claborn, de Braga, Koivisto, Price, Collins, Anderson, Giunchigliani, Ohrenschall, McClain, Leslie, Chowning, Mortenson and Humke

 

CHAPTER 209

 

AN ACT relating to taxation; providing under certain circumstances that a local or state apprenticeship committee or an organization that sponsors programs of apprenticeship is an organization created for educational purposes for the purpose of an exemption from sales and use taxes and certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 372.3261 is hereby amended to read as follows:

    372.3261  1.  For the purposes of NRS 372.326, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.

    2.  An organization is created for religious purposes if:

    (a) It complies with the requirements set forth in subsection 5; and

    (b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, men’s, women’s or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.

    3.  An organization is created for charitable purposes if:

    (a) It complies with the requirements set forth in subsection 5;

    (b) The sole or primary purpose of the organization is to:

         (1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; or

         (2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; and

    (c) The organization is operating in this state.

    4.  An organization is created for educational purposes if:

    (a) It complies with the requirements set forth in subsection 5; and

    (b) The sole or primary purpose of the organization is to:

         (1) Provide athletic, cultural or social activities for children;

         (2) Provide displays or performances of the visual or performing arts to members of the general public;

         (3) Provide instruction and disseminate information on subjects beneficial to the community; [or]

         (4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the state board of education or the commission


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

ê1999 Statutes of Nevada, Page 966 (Chapter 209, AB 207)ê

 

of postsecondary education, or for membership in the Northwest Association of Schools and Colleges [.] ;

         (5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this state; or

         (6) Sponsor programs of apprenticeship in this state through a trust created pursuant to 29 U.S.C. § 186.

    5.  In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:

    (a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;

    (b) The business of the organization is not conducted for profit;

    (c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;

    (d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and

    (e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.

    Sec. 2.  NRS 374.3306 is hereby amended to read as follows:

    374.3306  1.  For the purposes of NRS 374.3305, an organization is created for religious, charitable or educational purposes if it complies with the provisions of this section.

    2.  An organization is created for religious purposes if:

    (a) It complies with the requirements set forth in subsection 5; and

    (b) The sole or primary purpose of the organization is the operation of a church, synagogue or other place of religious worship at which nonprofit religious services and activities are regularly conducted. Such an organization includes, without limitation, an integrated auxiliary or affiliate of the organization, men’s, women’s or youth groups established by the organization, a school or mission society operated by the organization, an organization of local units of a church and a convention or association of churches.

    3.  An organization is created for charitable purposes if:

    (a) It complies with the requirements set forth in subsection 5;

    (b) The sole or primary purpose of the organization is to:

         (1) Advance a public purpose, donate or render gratuitously or at a reduced rate a substantial portion of its services to the persons who are the subjects of its charitable services, and benefit a substantial and indefinite class of persons who are the legitimate subjects of charity; or

         (2) Provide services that are otherwise required to be provided by a local government, this state or the Federal Government; and

    (c) The organization is operating in this state.

    4.  An organization is created for educational purposes if:

    (a) It complies with the requirements set forth in subsection 5; and

    (b) The sole or primary purpose of the organization is to:

         (1) Provide athletic, cultural or social activities for children;

         (2) Provide displays or performances of the visual or performing arts to members of the general public;


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

ê1999 Statutes of Nevada, Page 967 (Chapter 209, AB 207)ê

 

         (3) Provide instruction and disseminate information on subjects beneficial to the community; [or]

         (4) Operate a school, college or university located in this state that conducts regular classes and provides courses of study required for accreditation or licensing by the state board of education or the commission of postsecondary education, or for membership in the Northwest Association of Schools and Colleges [.] ;

         (5) Serve as a local or state apprenticeship committee to advance programs of apprenticeship in this state; or

         (6) Sponsor programs of apprenticeship in this state through a trust created pursuant to 29 U.S.C. § 186.

    5.  In addition to the requirements set forth in subsection 2, 3 or 4, an organization is created for religious, charitable or educational purposes if:

    (a) No part of the net earnings of any such organization inures to the benefit of a private shareholder, individual or entity;

    (b) The business of the organization is not conducted for profit;

    (c) No substantial part of the business of the organization is devoted to the advocacy of any political principle or the defeat or passage of any state or federal legislation;

    (d) The organization does not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office; and

    (e) Any property sold to the organization for which an exemption is claimed is used by the organization in this state in furtherance of the religious, charitable or educational purposes of the organization.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 210, AB 211

Assembly Bill No. 211–Assemblymen Price, Collins, Chowning, Claborn, de Braga, Parks, Giunchigliani, Arberry, Ohrenschall, Gibbons, Williams, Von Tobel, Segerblom, Buckley, Carpenter and Bache

 

CHAPTER 210

 

AN ACT relating to taxation; revising the provisions governing the exemption of the property of apprenticeship programs from property taxes; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 361.106 is hereby amended to read as follows:

    361.106  1.  Except as otherwise provided in subsection 2, the real and personal property of an apprenticeship program [owned] is exempt from taxation if the property is:

    (a) Held in a trust created pursuant to 29 U.S.C. § 186; or

    (b) Owned by a local or state apprenticeship committee [is exempt from taxation if] and the apprenticeship program is:

    [(a)] (1) Operated by an organization which is qualified pursuant to 26 U.S.C. § 501(c)(3) or (5); and


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ê1999 Statutes of Nevada, Page 968 (Chapter 210, AB 211)ê

 

    [(b)] (2) Registered and approved by the state apprenticeship council pursuant to chapter 610 of NRS.

    2.  If any property exempt from taxation pursuant to subsection 1 is used for a purpose other than that of the apprenticeship program required in subsection 1, and a rent or other valuable consideration is received for its use, the property must be taxed, unless the rent or other valuable consideration is paid or given by an organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)(3).

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 211, AB 234

Assembly Bill No. 234–Committee on Ways and Means

 

CHAPTER 211

 

AN ACT relating to state financial administration; repealing the permanent net proceeds fund; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 362.173 is hereby repealed.

    Sec. 2.  The state treasurer shall transfer any balance remaining unexpended on the effective date of this act in the permanent net proceeds fund to the state general fund.

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

________

 

CHAPTER 212, AB 236

Assembly Bill No. 236–Assemblyman Hettrick

 

Joint Sponsor: Senator Jacobsen

 

CHAPTER 212

 

AN ACT relating to the Lake Tahoe Basin; authorizing Douglas County to enter into certain contracts and agreements relating to the creation and operation of a nonprofit organization to operate a transit system in the Lake Tahoe Basin; exempting Douglas County from the Local Government Purchasing Act for the purposes of entering into such contracts and agreements; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  The legislature hereby finds and declares that, because of the unique and special conditions of the Lake Tahoe Basin, certain exemptions are necessary to allow Douglas County to make arrangements with and to enter into an agreement with other public and private entities for the creation and operation of a nonprofit organization to own, operate and maintain a coordinated transit system in the Lake Tahoe Basin. The legislature further finds and declares that:


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ê1999 Statutes of Nevada, Page 969 (Chapter 212, AB 236)ê

 

    1.  The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable.

    2.  The increasing development of the region is threatening the quality of the water and air in the Lake Tahoe Basin.

    3.  The operation of a coordinated transit system in the Lake Tahoe Basin will contribute to a reduction in the degradation of the quality of water and air in the Basin.

    4.  Douglas County and other public and private entities in the Lake Tahoe Basin desire to own, operate and maintain a coordinated transit system through the creation and operation of a nonprofit organization.

    5.  The nonprofit organization will be created through a cooperative agreement in which Douglas County will participate as a member.

    6.  A special act is necessary to provide participation in the cooperative agreement creating the nonprofit organization, and that a general law cannot be made applicable because of the need for cooperation between public and private entities and the requirements for the preservation of the quality of water and air that are unique to the Lake Tahoe Basin.

    Sec. 2.  1.  Douglas County may enter into contracts and agreements with public and private entities for the purposes of creating, operating and dissolving a nonprofit organization to own, operate and maintain a coordinated transit system in the Lake Tahoe Basin.

    2.  Notwithstanding any other provision of law, Douglas County is exempt from the provisions of chapter 332 of NRS for the purposes of entering into contracts and agreements pursuant to subsection 1.

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

________

 

CHAPTER 213, AB 265

Assembly Bill No. 265–Assemblymen Leslie, Gibbons, Buckley, de Braga, Parnell, Parks, Williams and Manendo

 

Joint Sponsor: Senator Townsend

 

CHAPTER 213

 

AN ACT relating to medical facilities; creating a new category of medical facility for modified medical detoxification; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Facility for modified medical detoxification” means a facility that provides 24-hour medical monitoring of treatment and detoxification in a manner which does not require that the service be provided in a licensed hospital.


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ê1999 Statutes of Nevada, Page 970 (Chapter 213, AB 265)ê

 

    Sec. 2.  NRS 449.001 is hereby amended to read as follows:

    449.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 449.0151 is hereby amended to read as follows:

    449.0151  “Medical facility” includes:

    1.  A surgical center for ambulatory patients;

    2.  An obstetric center;

    3.  An independent center for emergency medical care;

    4.  An agency to provide nursing in the home;

    5.  A facility for intermediate care;

    6.  A facility for skilled nursing;

    7.  A facility for hospice care;

    8.  A hospital;

    9.  A psychiatric hospital;

    10.  A facility for the treatment of irreversible renal disease;

    11.  A rural clinic; [and]

    12.  A nursing pool [.] ; and

    13.  A facility for modified medical detoxification.

    Sec. 4.  This act becomes effective on January 1, 2000.

________

 

CHAPTER 214, AB 270

Assembly Bill No. 270–Committee on Transportation

 

CHAPTER 214

 

AN ACT relating to regional transportation commissions; increasing the number of representatives on the regional transportation commission of Carson City; providing for the designation of a chairman of the commission; establishing staggered terms of office for the representatives of the commission; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 373.040 is hereby amended to read as follows:

    373.040  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

    (a) Two by the board.

    (b) Two by the governing body of the largest city.

    (c) One by the governing body of each additional city in the county.

    2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

    (a) If the county contains a city:

         (1) Two by the board.

         (2) One by the governing body of the largest city.

    (b) If the county contains no city, the board shall select:

         (1) Two members of the board; and


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ê1999 Statutes of Nevada, Page 971 (Chapter 214, AB 270)ê

 

         (2) One representative of the public, who is a resident of the largest town, if any, in the county.

    3.  In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

    (a) Two members of the board of supervisors [.

    (b) One representative] , one of whom must be designated by the commission to serve as chairman of the commission.

    (b) Three representatives of the city at large.

    4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in [subsection 5,] subsections 5 and 6, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection [5,] 6, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

    5.  In Carson City:

    (a) One representative of the commission who is a member of the board of supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

    (b) One representative of the commission who is a member of the board of supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

    6.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

    Sec. 2.  1.  The two additional representatives of the city at large required to be selected to serve as members of the regional transportation commission of Carson City pursuant to the amendatory provisions of section 1 of this act must be selected as soon as practicable after the effective date of this act and must serve until December 31, 2001.

    2.  The board of supervisors of Carson City shall, as soon as practicable after the effective date of this act, designate one current representative of the regional transportation commission of Carson City who is a member of the board of supervisors to serve a reduced term of office as a representative of the commission. The term of office of the designated representative expires on December 31, 1999.

    3.  The successors of those representatives of the regional transportation commission of Carson City whose terms of office are set forth in subsection 1 or reduced by subsection 2 must serve for terms of 2 years in accordance with the provisions of NRS 373.040.

    4.  The designated representative whose term of office expires pursuant to subsection 2 may be selected to succeed himself.

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

________


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

ê1999 Statutes of Nevada, Page 972ê

 

CHAPTER 215, AB 303

Assembly Bill No. 303–Committee on Judiciary

 

CHAPTER 215

 

AN ACT relating to the public employees’ retirement system; providing for the counting of certain service performed by certain injured police officers and firemen towards eligibility for retirement as a police officer or fireman; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 286.510 is hereby amended to read as follows:

    286.510  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, a member of the system is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service, and at any age if he has at least 30 years of service.

    2.  A police officer or fireman is eligible to retire at age 65 if he has at least 5 years of service, at age 55 if he has at least 10 years of service, at age 50 if he has at least 20 years of service, and at any age if he has at least 30 years of service. Only service performed in a position as a police officer or fireman, established as such by statute or regulation, service performed pursuant to subsection 3 and credit for military service, may be counted toward eligibility for retirement pursuant to this subsection.

    3.  Except as otherwise provided in subsection 4, a police officer or fireman who has at least 5 years of service as a police officer or fireman and is otherwise eligible to apply for disability retirement pursuant to NRS 286.620 because of an injury arising out of and in the course of his employment remains eligible for retirement pursuant to subsection 2 if:

    (a) He applies to the board for disability retirement and the board approves his application;

    (b) In lieu of a disability retirement allowance, he accepts another position with the public employer with which he was employed when he became disabled as soon as practicable but not later than 90 days after the board approves his application for disability retirement;

    (c) He remains continuously employed by that public employer until he becomes eligible for retirement pursuant to subsection 2; and

    (d) After he accepts a position pursuant to paragraph (b), his contributions are paid at the rate that is actuarially determined for police officers and firemen until he becomes eligible for retirement pursuant to subsection 2.

    4.  If a police officer or fireman who accepted another position with the public employer with which he was employed when he became disabled pursuant to subsection 3 ceases to work for that public employer before becoming eligible to retire pursuant to subsection 2, he may begin to receive a disability retirement allowance without further approval by the board by notifying the board on a form prescribed by the board.


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ê1999 Statutes of Nevada, Page 973 (Chapter 215, AB 303)ê

 

    5.  Eligibility for retirement, as provided in this section, does not require the member to have been a participant in the system at the beginning of his credited service.

    [4.] 6.  Any member who has the years of creditable service necessary to retire but has not attained the required age, if any, may retire at any age with a benefit actuarially reduced to the required retirement age. Except as otherwise required as a result of NRS 286.537, a retirement benefit under this subsection must be reduced by 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected under this subsection must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

    Sec. 2.  NRS 286.6765 is hereby amended to read as follows:

    286.6765  1.  Except as limited by subsection 2, the spouse of a deceased member who was fully eligible to retire, both as to service and age, is entitled to receive a monthly allowance equivalent to that provided by option 2 in NRS 286.590. This section does not apply to the spouse of a member who was eligible to retire only under subsection [4] 6 of NRS 286.510. For the purposes of applying the provisions of option 2, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under option 2. The benefits provided by this section must be paid to the spouse for the remainder of the spouse’s life. The spouse may elect to receive the benefits provided by any one of the following only:

    (a) This section;

    (b) NRS 286.674;

    (c) NRS 286.676; or

    (d) NRS 286.678.

    2.  The benefits provided by this section may only be paid to the spouses of members who died on or after May 19, 1975.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 974ê

 

CHAPTER 216, AB 314

Assembly Bill No. 314–Assemblymen Dini, Hettrick, de Braga and Parnell

 

Joint Sponsors: Senators Jacobsen, Amodei and McGinness

 

CHAPTER 216

 

AN ACT relating to juveniles; providing a mechanism for the funding of certain regional facilities for children; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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.  Except as otherwise provided in subsection 5, each county shall pay an assessment for the operation of a regional facility for children that serves the county if the facility:

    (a) Is operated by a county whose population is less than 400,000 or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, by counties whose populations are less than 400,000 each;

    (b) Is established by two or more counties pursuant to an interlocal agreement or by one county if the facility is operated pursuant to an interlocal agreement to benefit other counties; and

    (c) Is not partially supported by the State of Nevada and does not receive money from the State of Nevada other than any fees paid to the facility for a child referred to the facility by the State of Nevada.

    2.  The administrator of a regional facility for children shall calculate the assessment owed by each county pursuant to subsection 1 on or before March 1 of each year for the ensuing fiscal year. The assessment owed by each county equals:

    (a) For the first 2 years of operation of the regional facility for children, the total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the facility and multiplied by the number of pupils in the preceding school year in the assessed county.

    (b) For each year subsequent to the second year of operation of the regional facility for children, unless the counties served by the facility enter into an interlocal agreement to the contrary, the total of:

         (1) The total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils in the preceding school year in all counties served by the facility, multiplied by the number of pupils in the preceding school year in the assessed county and multiplied by one-fourth; and


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

ê1999 Statutes of Nevada, Page 975 (Chapter 216, AB 314)ê

 

         (2) The total amount budgeted for the operation of the facility by the governing body of the county or other entity responsible for the operation of the facility, minus any money received from the State of Nevada to pay for fees for a child referred to the facility by the State of Nevada, divided by the total number of pupils who were served by the facility in the preceding school year from all counties served by the facility, multiplied by the number of pupils who were served by the facility in the preceding school year from the assessed county and multiplied by three-fourths.

    3.  Each county shall pay the assessment required pursuant to subsection 1 to the treasurer of the county if the facility is operated by a county or to the administrative entity responsible for the operation of the regional facility for children in quarterly installments that are due on the first day of the first month of each calendar quarter. The money must be accounted for separately and may only be withdrawn by the administrator of the regional facility for children.

    4.  The board of county commissioners of each county may levy an ad valorem tax of not more than 5 cents on each $100 of assessed valuation upon all taxable property in the county to pay the assessment required pursuant to subsection 1. The county may pay the assessment from revenue raised by a tax levied pursuant to this subsection, any other available money or a combination thereof. Revenue raised by a county to pay the assessment required pursuant to subsection 1 is not subject to the limitations on revenue imposed pursuant to chapter 354 of NRS and must not be included in the calculation of those limitations.

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

    6.  As used in this section, “regional facility for children” means an institution that provides for the temporary care, custody, control and treatment of a child under the jurisdiction of a juvenile court who is detained because he was found violating a law or ordinance, adjudicated delinquent or determined to be in need of supervision. The term includes, without limitation, the institution in Lyon County known as Western Nevada Regional Youth Facility.

    Sec. 2.  NRS 62.830 is hereby amended to read as follows:

    62.830  1.  Except as otherwise provided in this subsection, if a child is committed to the custody of a regional facility for children, the court may order that the expense of the child’s support and maintenance be paid by the county of the child’s residence in an amount equal to any money paid for that purpose by the division. Such an order may not be entered if the county maintains the facility to which the child is committed.

    2.  The court may order that the parents, guardian or other person liable for the support and maintenance of the child reimburse the county in whole or in part for the expense of the child’s support and maintenance.

    3.  This section does not prohibit the court from providing for the support and maintenance of the child in any other manner authorized by law.

    4.  As used in this section:

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

    (b) “Regional facility for children” includes:


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

ê1999 Statutes of Nevada, Page 976 (Chapter 216, AB 314)ê

 

         (1) The institution in Douglas County known as China Spring Youth Camp ; [.]

         (2) The institution in Clark County known as Spring Mountain Youth Camp ; [.]

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

         (4) An institution for which a county is required to pay an assessment pursuant to section 1 of this act, including, without limitation, the institution in Lyon County known as Western Nevada Regional Youth Facility.

    Sec. 3.  This act becomes effective upon passage and approval or on May 31, 1999, whichever occurs earlier.

________

 

CHAPTER 217, AB 410

Assembly Bill No. 410–Committee on Transportation

 

CHAPTER 217

 

AN ACT relating to drivers’ licenses; repealing certain requirements relating to the submission of a statement regarding compliance with a court order for child support as a condition to the issuance or renewal of a license; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 483.380 is hereby amended to read as follows:

    483.380  1.  Except as otherwise provided in NRS 483.247, every driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license and a renewal of an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year is, for the purposes of NRS 483.010 to 483.630, inclusive, considered to have the anniversary of his birth fall on February 28.

    2.  Every license is renewable at any time before its expiration upon application [, submission of the statement required pursuant to NRS 483.293] and payment of the required fee.

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

    Sec. 2.  NRS 483.293 is hereby repealed.

    Sec. 3.  Section 119 of chapter 483, Statutes of Nevada 1997, at page 2075, is hereby repealed.


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

ê1999 Statutes of Nevada, Page 977 (Chapter 217, AB 410)ê

 

    Sec. 4.  1.  This section and sections 1 and 2 of this act become effective on July 1, 1999.

    2.  Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1999.

________

 

CHAPTER 218, AB 439

Assembly Bill No. 439–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 218

 

AN ACT relating to recreational areas; revising the age and residency requirements for free use of state parks and other recreational areas by certain elderly persons; requiring the collection of an administrative fee for the issuance of a permit for such use; clarifying the authority for the collection of reasonable fees for entering, camping and boating in state parks and recreational areas; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 407.065 is hereby amended to read as follows:

    407.065  1.  The administrator, subject to the approval of the director [, may:

    1.  Designate,] :

    (a) May establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public.

    [2.  Protect]

    (b) Shall protect state parks and property controlled or administered by the division from misuse or damage and preserve the peace within those areas. The administrator may appoint or designate certain employees of the division to have the general authority of peace officers.

    [3.  Allow]

    (c) May allow multiple use of state parks and real property controlled or administered by the division for any lawful purpose, including , but not limited to, grazing, mining, development of natural resources, hunting and fishing, [and subject to] in accordance with such regulations as may be adopted in furtherance of the purposes of the division.

    [4.  Conduct]

    (d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this state to any person who is 65 years of age or older and has resided in this state for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.


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

ê1999 Statutes of Nevada, Page 978 (Chapter 218, AB 439)ê

 

    (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for [them. Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to this subsection must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.

    5.  Rent] such special services.

    (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.

    [6.  Establish]

    (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.

    2.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d) and (e) of subsection 1 must be deposited in the state general fund.

    Sec. 2.  NRS 407.0762 is hereby amended to read as follows:

    407.0762  1.  The account for maintenance of state parks within the division of state parks is hereby created in the state general fund. Except as otherwise provided in NRS 407.0765, any amount of fees collected pursuant to paragraphs (d) and (e) of subsection [4] 1 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the division’s budget for the fiscal year beginning in that calendar year, must be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

    2.  The money in the account does not lapse to the state general fund at the end of any fiscal year.

    3.  The money deposited in the account pursuant to subsection 1 must only be used to repair and maintain state parks, monuments and recreational areas.

    4.  Before the administrator may expend money pursuant to subsection 3:

    (a) For emergency repairs and projects with a cost of less than $25,000, he must first receive the approval of the director.

    (b) For projects with a cost of $25,000 or more, other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.


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

ê1999 Statutes of Nevada, Page 979 (Chapter 218, AB 439)ê

 

    Sec. 3.  NRS 289.260 is hereby amended to read as follows:

    289.260  1.  Rangers and employees of the division of state parks of the state department of conservation and natural resources have, at the discretion of the administrator of the division, the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division.

    2.  An employee of the division of state parks of the state department of conservation and natural resources appointed or designated pursuant to paragraph (b) of subsection [2] 1 of NRS 407.065 has the powers of a peace officer.

    Sec. 4.  Notwithstanding the amendatory provisions of section 1 of this act to the contrary:

    1.  A permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, to a person who is a resident of this state and is 60 years of age or older remains valid until:

    (a) The date of expiration of the permit; or

    (b) The date on which the person to whom it is issued ceases to be a resident of this state,

whichever occurs first.

    2.  A person who holds a valid permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, may apply for the issuance of an annual permit described in paragraph (d) of subsection 1 of NRS 407.065 upon:

    (a) Proof only that the person is a current resident of this state; and

    (b) Payment of the administrative fee required by that paragraph.

    3.  The division of state parks of the state department of conservation and natural resources shall, upon receiving an application that satisfies the requirements of subsection 2, issue to the applicant an annual permit described in paragraph (d) of subsection 1 of NRS 407.065.

    4.  An annual permit issued pursuant to subsection 3 is renewable by the person to whom it is issued subject to the same terms and conditions applicable to the issuance of the permit.

    Sec. 5.  1.  This act becomes effective on January 1, 2000.

    2.  Section 4 of this act expires by limitation on January 1, 2005.

________

 


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ê1999 Statutes of Nevada, Page 980ê

 

CHAPTER 219, AB 459

Assembly Bill No. 459–Committee on Government Affairs

 

CHAPTER 219

 

AN ACT relating to the optional tax on revenues from the rental of transient lodging; revising the provisions governing the expenditure of the proceeds of the tax to benefit public transportation within certain county transportation districts; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 244.33512 is hereby amended to read as follows:

    244.33512  In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351:

    1.  The proceeds of the tax and any applicable penalty or interest must be:

    (a) Remitted to the appropriate city if collected in the incorporated area of any city and not within any transportation district created by the county, or if collected in any transportation district created by a city; or

    (b) Retained by the county if collected elsewhere, and used as provided in this section.

    2.  Except as otherwise provided in subsection 3, if the county has created one or more transportation districts, it shall use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways, bridges and other public rights of way used primarily for vehicular or fixed guideway traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively, within the boundaries of the district or within 1 mile outside those boundaries if the governing body finds that such projects outside the boundaries of the district will facilitate transportation within the district;

    (b) Payment of principal and interest on notes, bonds or other obligations issued by the county to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    3.  In addition to those uses set forth in subsection 2, if a county has created one or more transportation districts and all or any portion of those districts are located in an area that is governed by an interstate compact entered into by this state and a state that borders this state, the county may use any part of the money retained which is collected within the boundaries of a transportation district to pay the cost of establishing, operating and maintaining a public transit system , including any improvement thereto, within the boundaries of the district, or outside those boundaries if the governing body finds that such a system outside the boundaries of the district will facilitate transportation within the district, or both.

    4.  If the county has entered into an agreement pursuant to NRS 277.080 to 277.170, inclusive, which contemplates later payment by the other party of a portion of the cost of a project which may be funded pursuant to subsection 2, the county may pay from retained proceeds the principal and interest on notes, bonds or other obligations issued in anticipation of that payment.


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

ê1999 Statutes of Nevada, Page 981 (Chapter 219, AB 459)ê

 

2, the county may pay from retained proceeds the principal and interest on notes, bonds or other obligations issued in anticipation of that payment.

    5.  Any part of the money retained which is collected in the unincorporated area of the county and not within any transportation district created by the county or a city must be used for the same purposes within the unincorporated area of the county or within 1 mile outside that area if the board of county commissioners finds that such projects outside that area will facilitate transportation within that area.

    6.  As used in this section [, “public] :

    (a) “Improvement” has the meaning ascribed to it in NRS 244A.033.

    (b) “Public transit system” means a system [employing] designed to facilitate the transportation of members of the general public, including:

         (1) The use of motor buses, rails or any other means of conveyance, operated by whatever type of power [, that is operated for the conveyance of members of the general public.] ; and

         (2) An offstreet parking project or an overpass project as defined in NRS 244A.035 and 244A.037, respectively.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 220, AB 462

Assembly Bill No. 462–Assemblymen Buckley, Anderson, Carpenter, Manendo, McClain, Leslie, Koivisto, Claborn, Collins, de Braga and Williams

 

CHAPTER 220

 

AN ACT relating to property; prohibiting a landlord from refusing to accept rent from a tenant in certain circumstances; revising the definition of rent set forth in the Residential Landlord and Tenant Act; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 40.253 is hereby amended to read as follows:

    40.253  1.  Except as otherwise provided in subsection [9,] 10, in addition to the remedy provided in NRS 40.2512 and [in NRS] 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

    (a) At or before noon of the fifth full day following the day of service; or

    (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

As used in this subsection, “day of service” means the day the landlord or his agent personally delivers the notice to the tenant. If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon.


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

ê1999 Statutes of Nevada, Page 982 (Chapter 220, AB 462)ê

 

so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

    2.  A landlord or his agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be delivered in person, the landlord or his agent:

    (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and

    (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when he took possession of the premises, that the landlord or his agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or his agent.

    3.  A notice served pursuant to subsection 1 or 2 must:

    (a) Identify the court that has jurisdiction over the matter; and

    (b) Advise the tenant of his right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that he has tendered payment or is not in default in the payment of the rent.

    4.  If the tenant files such an affidavit at or before the time stated in the notice, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

    5.  Upon noncompliance with the notice:

    (a) The landlord or his agent may apply by affidavit of complaint for eviction to the justice’s court of the township in which the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain:

         (1) The date the tenancy commenced.

         (2) The amount of periodic rent reserved.

         (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

         (4) The date the rental payments became delinquent.

         (5) The length of time the tenant has remained in possession without paying rent.

         (6) The amount of rent claimed due and delinquent.


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ê1999 Statutes of Nevada, Page 983 (Chapter 220, AB 462)ê

 

         (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

         (8) A copy of the written notice served on the tenant.

         (9) A copy of the signed written rental agreement, if any.

    (b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or his agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

    6.  Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice’s court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.

    7.  The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

    (a) The tenant has vacated or been removed from the premises; and

    (b) A copy of those charges has been requested by or provided to the tenant,

whichever is later.

    8.  Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

    (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118A.460, and any accumulating daily costs; and

    (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.


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ê1999 Statutes of Nevada, Page 984 (Chapter 220, AB 462)ê

 

    9.  A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or his agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security. As used in this subsection, “security” has the meaning ascribed to it in NRS 118A.240.

    10.  This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.

    Sec. 2.  NRS 118A.150 is hereby amended to read as follows:

    118A.150  “Rent” means all periodic payments to be made to the landlord [under] for occupancy of a dwelling unit, including, without limitation, all reasonable and actual late fees set forth in the rental agreement.

________

 

CHAPTER 221, AB 509

Assembly Bill No. 509–Assemblyman Carpenter

 

CHAPTER 221

 

AN ACT relating to wild horses; authorizing a county, upon request, to institute an action in federal court on behalf of a landowner requesting a writ of mandamus requiring certain action by federal authorities; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a wild horse or horses stray onto land which is privately owned, an owner of the land may:

    (a) Inform the appropriate federal authority; and

    (b) Request the authority to remove the wild horse or horses from the land,

in the manner and form required by the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq., and the regulations adopted pursuant thereto.

    2.  If the appropriate federal authority fails to remove the wild horse or horses from the land within a reasonable amount of time after receiving a request pursuant to subsection 1, the landowner may:

    (a) Notify the board of county commissioners in the county in which the land is located of the failure; and

    (b) Request the county to institute an action in federal court on his behalf requesting a writ of mandamus ordering the appropriate federal authority to remove the wild horse or horses from the land.


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ê1999 Statutes of Nevada, Page 985 (Chapter 221, AB 509)ê

 

    3.  Upon receiving a notification and request pursuant to subsection 2, the county may institute an action in a federal court of competent jurisdiction on behalf of the landowner requesting the court to issue a writ of mandamus directing the appropriate federal authority who was notified pursuant to subsection 1 to remove the wild horse or horses from the land. The county shall:

    (a) Determine whether it will institute such an action; and

    (b) Notify the landowner of its determination,

as soon as practicable after receiving the request.

    4.  A motion filed pursuant to subsection 3 must include a request that the court authorize the county, the division of agriculture of the department of business and industry or a representative of the county or the division to remove the wild horse or horses from the land if the appropriate federal authority is unable or unwilling to do so.

    5.  As used in this section “appropriate federal authority” means a federal agency or officer who is charged with the duties of:

    (a) Receiving notices from landowners requesting the removal of wild horses from land which is privately owned; and

    (b) Arranging to have wild horses removed from land which is privately owned,

pursuant to the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 et seq., or regulations adopted pursuant thereto.

________

 

CHAPTER 222, AB 553

Assembly Bill No. 553–Assemblyman Parks

 

CHAPTER 222

 

AN ACT relating to transportation; authorizing the governing bodies of certain governmental entities to create and use an expedited process for executing certain written agreements relating to certain highway projects in certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 373.140 is hereby amended to read as follows:

    373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from the county motor vehicle fuel tax must first be submitted to the regional transportation commission.

    2.  Where the project is within the area covered by a regional plan for transportation established pursuant to NRS 373.1161, the commission shall evaluate it in terms of:

    (a) The priorities established by the plan;

    (b) The relation of the proposed work to other projects already constructed or authorized;


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ê1999 Statutes of Nevada, Page 986 (Chapter 222, AB 553)ê

 

    (c) The relative need for the project in comparison with others proposed; and

    (d) The money available.

If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. [If] Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to NRS 373.1161.

    3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

    4.  Where the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

    (a) Its relation to the regional plan for transportation established pursuant to NRS 373.1161 if any;

    (b) The relation of the proposed work to other projects constructed or authorized;

    (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

    (d) The availability of money.

If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

    [4.] 5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and [3.] 4.

________

 


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ê1999 Statutes of Nevada, Page 987ê

 

CHAPTER 223, AB 554

Assembly Bill No. 554–Committee on Taxation

 

CHAPTER 223

 

AN ACT relating to local government finance; requiring certain cities and counties to continue to levy and collect certain license taxes which are pledged for the payment of certain bonds and other obligations and to transmit those taxes to the county fair and recreation board; authorizing the pledge of certain license or other excise taxes to the payment of revenue bonds; making various other changes governing obligations of county fair and recreational boards; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 244.33503 is hereby amended to read as follows:

    244.33503  1.  Any license tax:

    (a) Which is levied by a county whose population is [400,000] 100,000 or more against any lawful trade, calling, industry, occupation, profession or business conducted in the county and located in an unincorporated area within the county;

    (b) Whose proceeds are pledged for the payment of any bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive; and

    (c) Which is being collected by the county on January 1, 1995,

must continue to be levied, collected and transmitted to the county fair and recreation board created pursuant to NRS 244A.599 as long as any of the bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive, remain outstanding and unpaid.

    2.  The proceeds of the license tax must be used by the county fair and recreation board for the purposes set forth in NRS 244A.597 to 244A.655, inclusive, including the payment of any bonds or other obligations issued pursuant to those provisions, and may be irrevocably pledged by the county fair and recreation board to the payment of bonds or other obligations issued pursuant to those provisions.

    Sec. 2.  NRS 244A.637 is hereby amended to read as follows:

    244A.637  1.  For the acquisition of any recreational facilities authorized in NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board, at any time or from time to time [, in the name and on the] may:

    (a) In the name of and on behalf of the county [may:

    (a) Issue:] , issue:

         (1) General obligation bonds, payable from taxes; and

         (2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;


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ê1999 Statutes of Nevada, Page 988 (Chapter 223, AB 554)ê

 

derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;

    (b) [Issue revenue bonds payable solely] In the name of and on behalf of the county fair and recreation board, issue revenue bonds:

         (1) Payable from the net revenues to be derived from the operation of such recreational facilities [, as the board may decide;] ;

         (2) Secured by a pledge of revenues from any tax on the rental of transient lodging levied for revenue by the county or a city;

         (3) Secured by any other revenue that may be legally made available for their payment; or

         (4) Payable or secured by any combination of subparagraph (1), (2) or (3); and

    (c) Make a contract with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, creating an indebtedness if a question authorizing such contract is submitted to and approved by [majorities] a majority of the qualified electors of the county in the manner provided in NRS 350.020 to 350.070, inclusive. This paragraph does not apply to contracts for the prepayment of rent or other similar obligations.

    2.  [The election board shall make its returns to the secretary of the county fair and recreation board either directly or indirectly through the county clerk, as the county fair and recreation board may provide.] Revenue bonds issued pursuant to this section must be authorized by resolution of the county fair and recreation board, and no further approval by any person, board or commission is required.

    Sec. 3.  NRS 244A.645 is hereby amended to read as follows:

    244A.645  In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, may:

    1.  Collect the proceeds of such taxes from time to time, receive, control, invest and order the expenditure of all money pertaining thereto, prescribe a procedure therefor, including, but not limited to:

    (a) Enforcing the collection of any delinquent taxes and providing penalties in connection therewith, including, without limitation, the suspension of the business license issued by a county, city or town to a transient lodging facility and the closure of a transient lodging facility for failure to pay the tax on transient lodging; and

    (b) Creating an office and hiring personnel therefor.

    2.  Defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected, excluding from this limitation and from those gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer. The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less


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ê1999 Statutes of Nevada, Page 989 (Chapter 223, AB 554)ê

 

than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county must not exceed 10 percent of the combined gross revenues so collected.

    3.  Defray further with the proceeds of any such tax the costs of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby, of operating and maintaining recreational facilities under the jurisdiction of the board, including, without limiting the generality of the foregoing, the payment of reasonable promotional expenses pertaining thereto, payment of reasonable expenses pertaining to the promotion of tourism and gaming generally, both individually and through grants to the chambers of commerce of the incorporated cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive, including, but not limited to, making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.

    4.  Redeem any general obligation bonds or revenue bonds of the county issued pursuant to NRS 244A.597 to 244A.655, inclusive, principal, interest and any prior redemption premium, regardless of whether such taxes are pledged as additional security for their payment.

    5.  Make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax , [;] but no such change may be made which prejudicially affects any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto must consent to any such modification.

    6.  Make rules and regulations concerning such license taxes, and provide penalties for the failure to comply therewith.

    Sec. 4.  NRS 268.0953 is hereby amended to read as follows:

    268.0953  1.  Any license tax:

    (a) Which is levied by a city located in a county whose population is [400,000] 100,000 or more against any lawful trade, calling, industry, occupation, profession or business conducted in that city;

    (b) Whose proceeds are pledged for the payment of any bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive; and

    (c) Which is being collected by the city on January 1, 1995,

must continue to be levied, collected and transmitted to the county fair and recreation board created pursuant to NRS 244A.599 as long as any of the bonds or other obligations issued pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive, remain outstanding and unpaid.


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ê1999 Statutes of Nevada, Page 990 (Chapter 223, AB 554)ê

 

    2.  The proceeds of the license tax must be used by the county fair and recreation board for the purposes set forth in NRS 244A.597 to 244A.655, inclusive, including the payment of any bonds or other obligations issued pursuant to those provisions, and may be irrevocably pledged by the county fair and recreation board to the payment of bonds or other obligations issued pursuant to those provisions.

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

________

 

CHAPTER 224, AB 584

Assembly Bill No. 584–Committee on Taxation

 

CHAPTER 224

 

AN ACT relating to taxation; transferring the responsibility for the collection of taxes and fees imposed on certain fuels from the department of taxation to the department of motor vehicles and public safety; providing for the collection of the tax on certain types of motor vehicle fuel at the terminal rack by suppliers of those types of fuel; prohibiting exporters of certain types of motor vehicle fuel from selling or distributing those types of fuel in this state; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 45, inclusive, of this act.

    Sec. 2.  As used in this chapter, “department” means the department of motor vehicles and public safety.

    Sec. 3.  The department shall adopt such regulations as are necessary to carry out the provisions of this chapter.

    Sec. 4.  Except as otherwise provided in NRS 366.395:

    1.  If a person fails to file a return or the department is not satisfied with the return of any tax or fee required to be paid to the department pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, the department may determine the amount required to be paid upon the basis of:

    (a) The facts contained in the return;

    (b) Any information that is in the possession of the department or may come into its possession; or

    (c) Reasonable estimates of the amount.

    2.  One or more deficiency determinations may be made with respect to the amount due for one or more periods.

    3.  In making its determination of the amount required to be paid, the department shall impose interest on the amount of tax or fee determined to be due, calculated at the rate and in the manner set forth in section 22 of this act.

    4.  The department shall impose a penalty of 10 percent in addition to the amount of a determination that is made if a person fails to file a return with the department.


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ê1999 Statutes of Nevada, Page 991 (Chapter 224, AB 584)ê

 

    5.  If a business is discontinued, a determination may be made at any time thereafter within the period prescribed in section 9 of this act concerning liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

    Sec. 5.  In making a determination, the department may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods or against penalties and the interest on underpayments.

    Sec. 6.  If any part of the deficiency for which a deficiency determination is made is because of negligence or intentional disregard of any applicable provision of chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, or the regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of the determination must be added thereto.

    Sec. 7.  If any part of the deficiency for which a deficiency determination is made is because of fraud or an intent to evade the payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, or the regulations of the department adopted pursuant thereto, a penalty of 25 percent of the amount of the determination must be added thereto.

    Sec. 8.  1.  The department shall give a person against whom a determination has been made written notice of its determination.

    2.  The notice may be served personally or by mail. If served by mail, the notice must be addressed to the person at his address as it appears in the records of the department.

    3.  If the notice is served by mail, service is complete at the time the notice is deposited with the United States Postal Service.

    4.  Service of notice tolls any limitation for the determination of a further deficiency.

    Sec. 9.  1.  Except as otherwise provided in subsections 2, 3 and 4, each notice of a deficiency determination issued by the department must be personally served or mailed within 3 years after the last day of the month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires later.

    2.  In the case of a failure to make a return or a claim for an additional amount, each notice of determination must be mailed or personally served within 8 years after the last day of the month following the period for which the amount is proposed to be determined.

    3.  If, before the expiration of the time prescribed in this section for the mailing of a notice of determination, the taxpayer has signed a waiver consenting to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing if each agreement is made before the expiration of the period previously agreed upon.

    4.  This section does not apply to cases of fraud or the intentional evasion of a provision of chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, or any regulation of the department adopted pursuant thereto.


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ê1999 Statutes of Nevada, Page 992 (Chapter 224, AB 584)ê

 

    Sec. 10.  1.  Any person against whom a deficiency determination is made who believes that the determination is incorrect may petition the department for a redetermination within 30 days after being served with the notice of determination.

    2.  If a petition for redetermination is not filed within the period prescribed in subsection 1, the person is deemed to have waived the right to contest the determination or recover a refund.

    3.  For good cause shown, the department may extend the time within which a petition for redetermination must be filed.

    Sec. 11.  A petition for redetermination must:

    1.  Set forth the amount of the determination that is contested and the grounds for requesting a redetermination; and

    2.  If an oral hearing is not requested, be accompanied by the books and records and other evidence which support the petition.

    Sec. 12.  1.  If a petition for redetermination is filed within the period prescribed in section 10 of this act, the department shall reconsider the determination and, if the person has so requested in the petition, grant the person an oral hearing and give him at least 10 days’ notice of the time and place of the hearing.

    2.  The department may continue the hearing from time to time as may be necessary.

    Sec. 13.  The department may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the department before or during the hearing.

    Sec. 14.  The order entered by an officer of the department upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice thereof.

    Sec. 15.  1.  Before a person may request judicial review pursuant to NRS 233B.130 from a final order of the department upon a petition for redetermination, he must:

    (a) Pay the amount of the determination; or

    (b) Enter into a written agreement with the department that establishes a later date by which he is required to pay the amount of the determination.

    2.  If a court determines that the amount of the final order should be reduced or that the person does not owe any taxes or fees, the department shall credit or refund any amount paid by the person that exceeds the amount owed.

    Sec. 16.  1.  The amount specified as deficient in a determination made by the department pursuant to the provisions of sections 4 to 16, inclusive, of this act is due at the time the determination becomes final.

    2.  If the amount specified as deficient in a determination is not paid when the determination becomes final and the person against whom the determination is made has not entered into a written agreement with the department for the payment of the amount specified as deficient in the determination, the department shall impose a penalty of 10 percent of the amount specified as deficient in the determination, exclusive of interest and penalties.


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ê1999 Statutes of Nevada, Page 993 (Chapter 224, AB 584)ê

 

    Sec. 17.  Except as otherwise provided in NRS 365.340 and 366.397, if the department grants an extension of time for paying any amount required to be paid pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of 1 percent per month from the date the amount would have been due without the extension until the date of payment.

    Sec. 18.  If a check submitted to the department for payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 is dishonored upon presentment for payment, the department may require that any future payments be made by cashier’s check, traveler’s check, money order or cash.

    Sec. 19.  If the department believes that the collection of any amount of taxes or fees due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 will be jeopardized by delay, the department shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.

    Sec. 20.  The amount specified in the determination must be paid within 10 days after the service of the notice of the determination unless a petition for redetermination is filed within that period. If the amount of the determination is not paid within that period and a petition for redetermination is not filed, the determination becomes final and any penalty for delinquency and interest provided for in this chapter attaches to the amount of the determination.

    Sec. 21.  A person against whom a determination is made pursuant to section 19 of this act may petition for a redetermination. The petition is subject to the requirements of sections 10 to 16, inclusive, of this act, except that the petition must be made within 10 days after service of the notice of determination. A person who petitions for a redetermination must deposit with the department within 10 days after service of the notice of determination such security as the department determines is necessary.

    Sec. 22.  Unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 to this state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee that is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.

    Sec. 23.  1.  If the director of the department or a hearing officer designated by him finds that the failure of a person to make a timely return or payment of a tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 is the result of circumstances beyond the control of the person and occurred despite the exercise of ordinary care and without willful neglect, the department may relieve him of all or part of any interest or penalty, or both.


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ê1999 Statutes of Nevada, Page 994 (Chapter 224, AB 584)ê

 

    2.  A person requesting relief must file with the department a statement signed, under penalty of perjury, that sets forth the facts upon which he bases his claim for relief.

    3.  The department shall disclose, upon the request of any person:

    (a) The name of the person to whom relief was granted; and

    (b) The amount of the relief.

    Sec. 24.  The department may:

    1.  Enter into a written agreement with a person who is required to pay the taxes or fees required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 for the payment of delinquent taxes or fees, interest or penalties imposed pursuant to those provisions.

    2.  Adopt regulations providing for:

    (a) The payment of delinquent taxes or fees, interest or penalties upon the execution of a written agreement between the department and such a person; and

    (b) The cancellation of such an agreement if the person becomes delinquent in his payment of the delinquent taxes or fees, interest or penalties owed to the department pursuant to the provisions of chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840.

    Sec. 25.  1.  If a person who is delinquent in the payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 has not paid the amount of a deficiency determination, the department may bring an action in a court of this state, a court of any other state or a court of the United States to collect the delinquent or deficient amount, penalties and interest. The action must be brought not later than 3 years after the payment became delinquent or the determination became final or within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee owed.

    2.  The attorney general shall prosecute the action. The provisions of NRS and the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

    3.  In the action, a certificate by the department showing the delinquency is prima facie evidence of:

    (a) The determination of the tax or fee or the amount of the tax or fee;

    (b) The delinquency of the amounts; and

    (c) The compliance by the department with the procedures required by law related to the computation and determination of the amounts.

    Sec. 26.  1.  If, with respect to any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, a person:

    (a) Fails to pay the tax or fee when due according to his return filed with the department;

    (b) Fails to pay a deficiency determination when due; or

    (c) Defaults on a payment pursuant to a written agreement with the department, the department may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction an application for the entry of a summary judgment for the amount due.


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ê1999 Statutes of Nevada, Page 995 (Chapter 224, AB 584)ê

 

the department may, within 3 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction an application for the entry of a summary judgment for the amount due.

    2.  The application must be accompanied by a certificate that specifies:

    (a) The amount required to be paid, including any interest and penalties due;

    (b) The name and address of the person liable for the payment, as they appear on the records of the department;

    (c) The basis for the determination of the department of the amount due; and

    (d) That the department has complied with the applicable provisions of law relating to the determination of the amount required to be paid.

    3.  The application must include a request that judgment be entered against the person in the amount required to be paid, including any interest and penalties due, as set forth in the certificate.

    Sec. 27.  The county clerk shall, immediately upon the filing of the application and certificate pursuant to section 26 of this act, enter a judgment for the State of Nevada against the person liable for the payment in the amount required to be paid, together with any penalties and interest due as set forth in the certificate. The department shall serve a copy of the judgment, together with the application and the certificate, upon the person against whom the judgment is entered, by personal service or by mailing a copy to his last known address as it appears in the records of the department.

    Sec. 28.  Execution must issue upon the judgment upon request of the department in the same manner as execution may issue upon other judgments, and sales must be held under the execution, as provided in chapter 21 of NRS.

    Sec. 29.  1.  An abstract of the judgment, or a copy thereof, may be recorded in the office of the county recorder of any county.

    2.  From the time of its recordation, the abstract of the judgment becomes a lien upon all real and personal property in that county which the judgment debtor owns at the time, or which he may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 5 years after the date of the judgment entered by the county clerk unless sooner released or otherwise discharged.

    Sec. 30.  The lien may, within 5 years after the date of the judgment or within 5 years after the last extension of the lien in the manner provided in this section, be extended by recording in the office of the county recorder an abstract or copy of the judgment, and from the time of that recording, the lien must be extended upon the property in that county for 5 years unless sooner released or otherwise discharged.

    Sec. 31.  The remedies provided for in sections 26 to 31, inclusive, of this act are intended to supplement any other remedies provided for in this chapter or chapter 365, 366 or 373 of NRS. The provisions of sections 26 to 31, inclusive, of this act do not limit or repeal any additional requirements imposed upon the department by statute, or otherwise by law.


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ê1999 Statutes of Nevada, Page 996 (Chapter 224, AB 584)ê

 

    Sec. 32.  1.  If any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 is not paid when due, the department may, within 3 years after the date that the tax or fee became due, file for record a certificate in the office of any county recorder which states:

    (a) The amount of the tax or fee and any interest or penalties due;

    (b) The name and address of the person who is liable for the amount due as they appear on the records of the department; and

    (c) That the department has complied with the procedures required by law for determining the amount due.

    2.  From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by him afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

    3.  Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by him afterwards for 5 years, unless sooner released or otherwise discharged.

    Sec. 33.  1.  The department may release all or any portion of the property subject to a lien imposed by the department or subordinate the lien to other liens and encumbrances if it determines that the amount, interest and penalties are secured sufficiently by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest and penalties.

    2.  A certificate by the department stating that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, is conclusive evidence that the property has been released or that the lien has been subordinated.

    Sec. 34.  1.  The amounts, including interest and penalties, required to be paid by a person pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 must be satisfied first if:

    (a) The person is insolvent;

    (b) The person makes a voluntary assignment of his assets;

    (c) The estate of the person in the hands of executors, administrators or heirs, before distribution, is insufficient to pay all the debts due from the deceased; or

    (d) The estate and effects of an absconding, concealed or absent person required to pay any amount by force of such a revenue act are levied upon by process of law.

    2.  This section does not give the State of Nevada a preference over:

    (a) Any recorded lien that attached before the date when the amounts required to be paid became a lien; or

    (b) Any costs of administration, funeral expenses, expenses of personal illness, family allowances or debts preferred pursuant to federal law or wages as provided in NRS 150.220.


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ê1999 Statutes of Nevada, Page 997 (Chapter 224, AB 584)ê

 

    Sec. 35.  1.  The department or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent taxes or fees required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840:

    (a) Within 3 years after the person is delinquent in the payment of the tax or fee; or

    (b) Within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee.

    2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

    3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

    Sec. 36.  1.  If a person continues to engage in business in this state without a permit or license as required by chapter 365 or 366 of NRS, or after the license or permit has been suspended or revoked, the department may, after providing notice to that person, order any place of business of the person to be locked and sealed. If notice is served by mail, it must be addressed to the person at his address as it appears in the records of the department.

    2.  The order to lock and seal a place of business must be delivered to the sheriff of the county in which the business is located. The sheriff shall assist in the enforcement of the order.

    Sec. 37.  1.  The department may pay or advance to the sheriff or constable the same fees, commissions and expenses for acting upon the warrant as are provided by law for acting upon a writ of execution. The department shall approve the fees for publication in a newspaper. Approval from a court is not required for publication.

    2.  The fees, commissions and expenses are the obligation of the person against whom the warrant is issued.

    Sec. 38.  1.  If a person is delinquent in the payment of any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, or if a determination has been made against him that remains unpaid, the department may:

    (a) Not later than 3 years after the payment became delinquent or the determination became final; or

    (b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this state or any political subdivision or agency of this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent taxpayer, or owing any debts to the delinquent taxpayer or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent taxpayer or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before it presents the claim of the delinquent taxpayer to the state controller.


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ê1999 Statutes of Nevada, Page 998 (Chapter 224, AB 584)ê

 

or agency before it presents the claim of the delinquent taxpayer to the state controller.

    2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the department.

    3.  After receiving the demand to transmit, the persons so notified may not transfer or otherwise dispose of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the department consents to a transfer or other disposition.

    4.  Each person so notified shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in his possession, under his control or owing by him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served upon that person.

    5.  If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, the department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

    6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank or other depository institution, the notice must be delivered or mailed to the branch or office of the bank or other depository institution at which the deposit is carried or at which the credits or personal property is held.

    7.  If any person so notified makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to this state for any indebtedness due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition, this state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

    Sec. 39.  In carrying out the provisions of section 38 of this act, the department shall determine as early as possible whether there have been withheld or transmitted sufficient liquid assets to satisfy the claim of this state. As soon as the department determines that the assets have been withheld or transmitted, it shall consent to a transfer or other disposition of the assets in excess of that amount.

    Sec. 40.  1.  If a person who is liable for any tax or fee required by chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840 sells any portion of his business or stock of goods not in the ordinary course of business or quits the business, his successors or assignees shall:


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ê1999 Statutes of Nevada, Page 999 (Chapter 224, AB 584)ê

 

    (a) If the business or stock of goods was purchased for money, withhold from the purchase price the amount due; or

    (b) If the business or stock of goods was not purchased for money, withhold a sufficient portion of the assets of the business or stock of goods which, if sold, would equal the amount due,

until the former owner provides the successors or assignees with a receipt or certificate from the department indicating that he paid the amount due.

    2.  A successor or assignee who fails to withhold the amount required pursuant to subsection 1 becomes personally liable for the payment of the amount required to be withheld by him to the extent of the consideration paid for the business or stock of goods, valued in money.

    3.  The department shall issue a certificate of the amount due to the successor or assignee:

    (a) Not later than 60 days after receiving a written request from the successor or assignee for such a certificate; or

    (b) Not later than 60 days after the date the records of the former owner are made available for audit,

whichever period expires later, but not later than 90 days after receiving the request.

    4.  If the department fails to mail the certificate, the successor or assignee is released from any further obligation to withhold any portion of the purchase price, business or stock of goods.

    5.  The time within which the obligation of the successor or assignee may be enforced begins when the person who is liable for the tax or fee sells or assigns all or any portion of his business or stock of goods or when the determination against the person becomes final, whichever occurs later.

    Sec. 41.  1.  At any time within 3 years after a person has become delinquent in the payment of any amount of taxes or fees due pursuant to chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, the department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.

    2.  Any seizure made to collect a tax or fee due may be only of the property of the person not exempt from execution under the provisions of law.

    Sec. 42.  The department may adopt regulations that prescribe the manner in which a person who does not owe any taxes or fees to the department may claim an ownership interest in property transmitted to or seized by the department. The regulations must set forth:

    1.  The procedure for asserting such a claim; and

    2.  The circumstances under which the department will honor the claim.

    Sec. 43.  The notice of a sale and the time and place of the sale must be given to the delinquent person in writing at least 10 days before the date set for the sale. The notice must:

    1.  Include:

    (a) A description of the property to be sold;


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ê1999 Statutes of Nevada, Page 1000 (Chapter 224, AB 584)ê

 

    (b) A statement of the amount due, including interest, penalties and costs;

    (c) The name of the delinquent person; and

    (d) A statement that unless the amount due, interest, penalties and costs are paid on or before the time fixed in the notice for the sale, the property, or as much of it as is necessary, will be sold in accordance with law and the notice;

    2.  Be enclosed in an envelope addressed to the person at his last known address or place of business in this state and deposited in the United States Postal Service, postage prepaid; and

    3.  Be published for at least 10 days before the date set for the sale in a newspaper of general circulation published in the county in which the property seized will be sold. If there is no newspaper of general circulation in the county, notice must be posted in three public places in the county 10 days before the date set for the sale.

    Sec. 44.  1.  At a sale described in section 43 of this act, the department shall sell the property in accordance with law and the notice and deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser.

    2.  The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount.

    Sec. 45.  1.  If, upon the sale, the money received exceeds the total of all amounts, including interest, penalties and costs due this state, the department shall return the excess to the person liable for the amounts and obtain his receipt.

    2.  If a person who has an interest in or lien upon the property files with the department a notice of his interest or lien before the sale, the department shall withhold any excess pending a determination of the rights of the respective parties to it by a court of competent jurisdiction.

    3.  If the receipt of the person liable for the amount is not available, the department shall deposit the excess money with the state treasurer, as trustee for the owner, subject to the order of the person liable for the amount, his heirs, successors or assigns.

    Sec. 46.  NRS 360.001 is hereby amended to read as follows:

    360.001  As used in this Title, except as otherwise provided in chapters 364, 365, 366 , [and] 371 and 373 of NRS and unless the context requires otherwise:

    1.  “Department” means the department of taxation.

    2.  “Executive director” means the executive director of the department of taxation.

    Sec. 47.  NRS 360.300 is hereby amended to read as follows:

    360.300  1.  If a person fails to file a return or the department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the state by any person, in accordance with the applicable provisions of [NRS 482.313,] this chapter , [or] chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A [, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of:


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ê1999 Statutes of Nevada, Page 1001 (Chapter 224, AB 584)ê

 

585 or 680B of NRS as administered or audited by the department, it may compute and determine the amount required to be paid upon the basis of:

    (a) The facts contained in the return;

    (b) Any information within its possession or that may come into its possession; or

    (c) Reasonable estimates of the amount.

    2.  One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.

    3.  In making its determination of the amount required to be paid, the department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.

    4.  The department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of [a person’s] the failure of a person to file a return with the department.

    5.  When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.

    Sec. 48.  NRS 360.417 is hereby amended to read as follows:

    360.417  Unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 364A, [365,] 369, 370, 372, [373,] 374, 377, 377A, 444A or 585 of NRS, or the fee provided for in NRS 482.313 [or 590.700 to 590.920, inclusive,] to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.

    Sec. 49.  NRS 360.419 is hereby amended to read as follows:

    360.419  1.  If the executive director or a designated hearing officer finds that [a person’s] the failure of a person to make a timely return or payment of a tax imposed pursuant to NRS 361.320 or chapter 361A, 376A, 377 or 377A of NRS, or by chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 375A or 375B of NRS, is the result of circumstances beyond his control and occurred despite the exercise of ordinary care and without intent, the department may relieve him of all or part of any interest or penalty or both.

    2.  A person seeking this relief must file with the department a statement under oath setting forth the facts upon which he bases his claim.

    3.  The department shall disclose, upon the request of any person:

    (a) The name of the person to whom relief was granted; and

    (b) The amount of the relief.

    4.  The executive director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to NRS 361.4835 which is deferred by a county treasurer or county assessor.


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ê1999 Statutes of Nevada, Page 1002 (Chapter 224, AB 584)ê

 

    Sec. 50.  NRS 360.510 is hereby amended to read as follows:

    360.510  1.  If any person is delinquent in the payment of any tax or fee administered by the department or if a determination has been made against him which remains unpaid, the department may:

    (a) Not later than 3 years after the payment became delinquent or the determination became final; or

    (b) Not later than 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,

give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of [the] this state or any political subdivision or agency of [the] this state, who has in his possession or under his control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before [it] the department presents the claim of the delinquent taxpayer to the state controller.

    2.  A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the [department’s notice.] notice of the department.

    3.  After receiving the demand to transmit, the [persons so] person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in [their] his possession or under [their] his control at the time [they] he received the notice until the department consents to a transfer or other disposition.

    4.  [All persons so] Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the department of, and transmit to the department all such credits, other personal property, or debts in [their] his possession, under [their] his control or owing by [them] him within the time and in the manner requested by the department. Except as otherwise provided in subsection 5, no further notice is required to be served to [those persons.] that person.

    5.  If the property of the delinquent taxpayer consists of a series of payments owed to him, the person who owes or controls the payments shall transmit the payments to the department until otherwise notified by the department. If the debt of the delinquent taxpayer is not paid within 1 year after the department issued the original demand to transmit, [it] the department shall issue another demand to transmit to the person responsible for making the payments informing him to continue to transmit payments to the department or that his duty to transmit the payments to the department has ceased.

    6.  If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank or other depository institution, the notice must be delivered or mailed to the branch or office of the bank or other depository institution at which the deposit is carried or at which the credits or personal property is held.


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ê1999 Statutes of Nevada, Page 1003 (Chapter 224, AB 584)ê

 

    7.  If any person [so] notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, he is liable to the state for any indebtedness due pursuant to [NRS 482.313,] this chapter , or chapter 362, 364A, [365,] 369, 370, 372, 372A, [373,] 374, 377, 377A [, 444A, 585, 590] or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.

    Sec. 51.  Chapter 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 to 66, inclusive, of this act.

    Sec. 52.  “Department” means the department of motor vehicles and public safety.

    Sec. 53.  “Exporter” means a person, other than a supplier, who receives motor vehicle fuel, other than aviation fuel, in this state and sells or distributes that fuel outside this state.

    Sec. 54.  “Rack” means a deck, platform or open bay which consists of a series of metered pipes and hoses for delivering motor vehicle fuel from a refinery or terminal into a motor vehicle, rail car or vessel.

    Sec. 55.  “Supplier” means a person who:

    1.  Imports or acquires immediately upon importation into this state motor vehicle fuel, except aviation fuel, from within or without a state, territory or possession of the United States or the District of Columbia into a terminal located in this state;

    2.  Otherwise acquires for distribution in this state motor vehicle fuel, except aviation fuel, with respect to which there has been no previous taxable sale or use; or

    3.  Produces, manufactures or refines motor vehicle fuel, except aviation fuel, in this state.

    Sec. 56.  “Terminal” means a facility for the storage of motor vehicle fuel which is supplied by a motor vehicle, pipeline or vessel and from which motor vehicle fuel is removed for distribution at a rack.

    Sec. 57.  1.  Except as otherwise provided in subsection 2, a person shall not import, sell, distribute, use or store motor vehicle fuel, except aviation fuel, in this state for which the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act, have not been paid.

    2.  A supplier may import or store motor vehicle fuel for which the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act, have not been paid.

    Sec. 58.  1.  Except as otherwise provided in subsections 2 and 3, each supplier who sells or distributes motor vehicle fuel, other than aviation fuel, shall, at the time the motor vehicle fuel is distributed from a terminal, collect the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act.


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ê1999 Statutes of Nevada, Page 1004 (Chapter 224, AB 584)ê

 

    2.  A supplier may sell motor vehicle fuel, other than aviation fuel, to a purchaser without collecting the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act, if the purchaser of the motor vehicle fuel:

    (a) Has been issued a permit by the department pursuant to section 62 of this act; and

    (b) Elects to defer payment of the taxes.

    3.  A supplier shall not collect the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act if the purchaser of the motor vehicle fuel is:

    (a) A supplier; or

    (b) An exporter.

    4.  A supplier who sells motor vehicle fuel, other than aviation fuel, to any other supplier shall keep such records of the transaction as the department may require. The department shall adopt regulations setting forth:

    (a) The records which must be kept by the dealer pursuant to this subsection; and

    (b) The period for which those records must be kept by the dealer.

    Sec. 59.  1.  Except as otherwise provided in section 65 of this act, every supplier shall, not later than the last day of each calendar month:

    (a) Submit to the department a statement of all motor vehicle fuel, except aviation fuel, sold, distributed or used by him in this state; and

    (b) Pay an excise tax on all motor vehicle fuel, except aviation fuel, in the amount of 17.65 cents per gallon sold, distributed or used in the manner prescribed in this chapter.

    2.  A supplier shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

    Sec. 60.  1.  Except as otherwise provided in subsection 2, in calculating the amount of tax on motor vehicle fuel, other than aviation fuel, a supplier owes to the department, the supplier may deduct from the amount due pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act any amount that is due but has not been paid by a purchaser who is authorized by the department to defer payment of the tax pursuant to section 62 of this act. If such a deduction is claimed, the claim must identify the purchaser and the amount of the taxes that he failed to pay.

    2.  A supplier shall not deduct from the amount he owes the department pursuant to subsection 1 any amount that has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of section 62 of this act if, before the motor vehicle fuel, other than aviation fuel, was purchased, the supplier was notified by the department pursuant to subsection 5 of section 62 of this act that it had revoked the permit of the purchaser.

    Sec. 61.  Each exporter shall, not later than the last day of each calendar month, submit to the department a written statement which sets forth:

    1.  The number of gallons of motor vehicle fuel, other than aviation fuel, he received during the previous month;


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ê1999 Statutes of Nevada, Page 1005 (Chapter 224, AB 584)ê

 

    2.  The number of gallons of motor vehicle fuel, other than aviation fuel, he sold or distributed outside this state;

    3.  The name and mailing address of each person to whom he sold or distributed motor vehicle fuel, other than aviation fuel, outside this state; and

    4.  The number of gallons of motor vehicle fuel, other than aviation fuel, he sold or distributed to each person to whom he sold or distributed the fuel outside this state.

    Sec. 62.  1.  A purchaser of motor vehicle fuel, other than aviation fuel, who wishes to defer payment to the supplier of the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act until 20 days after the end of the month in which the fuel is purchased must apply for a permit to defer payment of the taxes.

    2.  The department may require an applicant for a permit to defer payment of the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act, to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this state as surety, payable to this state. The bond must indemnify the department against any deduction claimed pursuant to section 60 of this act by a supplier because of the failure of the principal to pay the taxes as required by this chapter.

    3.  If a purchaser of motor vehicle fuel, other than aviation fuel:

    (a) Has been issued a permit to defer the payment of the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act; and

    (b) Elects to defer payment of the taxes,

he shall, not later than 25 days after the end of the month in which the fuel is purchased, pay the taxes to the supplier by electronic transfer of money.

    4.  If a purchaser fails to make a payment to a supplier as required by this section, the department may:

    (a) Revoke the permit of the purchaser;

    (b) If the purchaser was required to provide a bond pursuant to subsection 2, require the purchaser to increase the amount of the bond; or

    (c) Take any other action to ensure that the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act are paid.

    5.  The department shall notify each supplier in this state when it revokes a permit issued pursuant to this section.

    6.  The department shall adopt regulations to carry out the provisions of this section.

    7.  As used in this section, “electronic transfer of money” means any transfer of money, other than a transaction initiated by a check, draft or other similar instrument, that is initiated through an electronic terminal, telephone, computer or magnetic tape to order, instruct or authorize a financial institution or person holding an account on behalf of a purchaser or motor vehicle fuel to debit an account.

    Sec. 63.  1.  Each supplier shall prepare and provide a record of shipment to each person who purchases more than 25 gallons of motor vehicle fuel, other than aviation fuel, and transports the fuel from the place of purchase. The record of the shipment must include the:


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ê1999 Statutes of Nevada, Page 1006 (Chapter 224, AB 584)ê

 

    (a) Place where the fuel was purchased;

    (b) Place to which the purchaser declares the fuel will be transported;

    (c) Number of gallons of fuel transported; and

    (d) Name and address of the purchaser of the fuel.

    2.  Each person who transports motor vehicle fuel, other than aviation fuel, in this state shall:

    (a) Keep the record of shipment required by subsection 1 in the vehicle in which the fuel is transported until the fuel is delivered to the purchaser; and

    (b) Upon request from a peace officer, allow the peace officer to inspect the record of shipment.

    Sec. 64.  An exporter shall not sell or distribute motor vehicle fuel, other than aviation fuel, in this state. An exporter who violates the provisions of this section:

    1.  Is guilty of a misdemeanor; and

    2.  Shall, within the period prescribed in section 59 of this act, pay to the department the taxes imposed pursuant to NRS 365.180 to 365.192, inclusive, and section 59 of this act on all motor vehicle fuel, other than aviation fuel, sold or distributed in this state.

    Sec. 65.  1.  The department may, for good cause, extend for not more than 30 days the period for making any report or return required pursuant to this chapter. The extension may be granted at any time if:

    (a) A request for an extension has been filed with the department within or before the period for which the extension may be granted; and

    (b) A remittance of the estimated tax is made when the remittance is due.

    2.  Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date indicated on the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail and properly addressed to the department.

    Sec. 66.  1.  The department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of this chapter, or any regulation or order adopted or issued pursuant thereto. The department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

    2.  All administrative fines collected by the department pursuant to subsection 1 must be deposited with the state treasurer to the credit of the state highway fund.

    3.  In addition to any other remedy provided by this chapter, the department may compel compliance with any provision of this chapter and any regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy. The department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.


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ê1999 Statutes of Nevada, Page 1007 (Chapter 224, AB 584)ê

 

    Sec. 67.  NRS 365.010 is hereby amended to read as follows:

    365.010  [Except where] As used in this chapter, unless the context otherwise requires, the [definitions given in this chapter govern the construction of this chapter.] words and terms defined in NRS 365.015 to 365.080, inclusive, and sections 52 to 56, inclusive, of this act, have the meanings ascribed to them in those sections.

    Sec. 68.  NRS 365.020 is hereby amended to read as follows:

    365.020  1.  “Dealer” means every person who:

    (a) Refines, manufactures, compounds or otherwise produces [motor vehicle] aviation fuel or fuel for jet or turbine-powered aircraft and sells or distributes the same in this state.

    (b) [Refines, manufactures, compounds or otherwise produces ethyl alcohol for use in a petroleum-ethanol mixture and sells or distributes the same in this state.

    (c) Imports motor vehicle] Imports aviation fuel or fuel for jet or turbine-powered aircraft into this state and sells or distributes it therein, whether in the original package or container in which it is imported or otherwise, or who uses the [motor vehicle] aviation fuel or fuel for jet or turbine-powered aircraft in this state after having imported the fuel.

    [(d)] (c) Having acquired [motor vehicle] aviation fuel or fuel for jet or turbine-powered aircraft in this state in the original package or container, distributes or sells it in the original package or container or otherwise, or in any manner uses the fuel.

    [(e)] (d) Otherwise acquires in this state for sale, use or distribution in this state [motor vehicle] aviation fuel or fuel for jet or turbine-powered aircraft with respect to which there has been no prior taxable sale, use or distribution.

    2.  “Dealer” does not include any person who imports into this state [motor vehicle] aviation fuel, fuel for jet or turbine-powered aircraft [, or ethyl alcohol] in quantities of 500 gallons or less purchased from [a supplier] another dealer who is licensed [as a dealer] under this chapter and who assumes liability for the collection and remittance of the applicable excise tax to this state.

    Sec. 69.  NRS 365.080 is hereby amended to read as follows:

    365.080  “Retailer” means [every] :

    1.  Any person, other than a dealer [as defined in NRS 365.020,] who is engaged in the business of selling motor vehicle fuel or fuel for jet or turbine-powered aircraft [.] ; or

    2.  Any person in the business of handling motor vehicle fuel, other than aviation fuel, who delivers or authorizes the delivery of fuel into the fuel supply tank or tanks of a motor vehicle that is not owned or controlled by him.

    Sec. 70.  NRS 365.130 is hereby amended to read as follows:

    365.130  1.  The department [shall have power, by itself or by its duly] or its authorized agents [, to] may make any audit, examination or inquiry of and concerning the records, stocks, facilities, equipment and transactions of dealers, suppliers, retailers of petroleum products and carriers [thereof,] of petroleum products, and such other investigations as it [may deem necessary in carrying] deems necessary to carry out the provisions of this chapter.


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ê1999 Statutes of Nevada, Page 1008 (Chapter 224, AB 584)ê

 

    2.  If any investigation discloses that any report or any payment has been incorrect, the department may make such changes in subsequent reports and payments as may be necessary to correct the error so disclosed.

    Sec. 71.  NRS 365.170 is hereby amended to read as follows:

    365.170  1.  [Every] Except as otherwise provided in section 65 of this act, every dealer shall, not later than the [25th] last day of each calendar month:

    (a) Render to the department a statement of all [motor vehicle] aviation fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in [the State of Nevada,] this state, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon pursuant to NRS 365.020, during the preceding calendar month; and

    (b) Pay an excise tax on:

         (1) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to NRS 365.203; and

         (2) Aviation fuel in the amount of 2 cents per gallon, plus any amount imposed by the county in which the fuel is sold, distributed or used pursuant to NRS 365.203 , [; and

         (3) All other motor vehicle fuel in the amount of 17.65 cents per gallon,]

so sold, distributed or used, in the manner and within the time prescribed in this chapter.

    2.  A dealer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

    [3.  The department for good cause may extend for not more than 30 days the time for making any report or return required pursuant to this chapter. The extension may be granted at any time if:

    (a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and

    (b) A remittance of the estimated tax is made when due.

    4.  Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.]

    Sec. 72.  NRS 365.180 is hereby amended to read as follows:

    365.180  1.  In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 3.6 cents per gallon on all motor vehicle fuel, except aviation fuel.

    2.  This tax must be accounted for by each [dealer] supplier and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.


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ê1999 Statutes of Nevada, Page 1009 (Chapter 224, AB 584)ê

 

    Sec. 73.  NRS 365.185 is hereby amended to read as follows:

    365.185  1.  In addition to any other tax provided for in this chapter, there [must be] is hereby levied an excise tax on [gasoline.] motor vehicle fuel.

    2.  This tax must be imposed and will increase if the tax collected by the Federal Government pursuant to the provisions of 26 U.S.C. § 4081 or any other tax collected by the Federal Government relating to [gasoline] motor vehicle fuel is reduced or discontinued in whole or in part. The amount of the tax so imposed by this state must be equal to the amount by which the federal tax is reduced.

    3.  This tax must be accounted for by each [dealer] supplier and collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.

    Sec. 74.  NRS 365.190 is hereby amended to read as follows:

    365.190  1.  Subject to the provisions of subsection 3, in addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1.75 cents per gallon on all motor vehicle fuel, except aviation fuel.

    2.  [This tax must be accounted for by each dealer as to the county in which it is sold to the retailer and] The tax imposed pursuant to this section must be collected by the supplier in the manner provided in this chapter. Upon the collection of the tax by the supplier, the purchaser of the fuel shall provide to the supplier a statement that sets forth the number of gallons of fuel that will be sold to retailers in each county in this state. The tax must be paid to the department and delivered by the department to the state treasurer. When the tax is paid to the department, the supplier shall provide to the department a copy of the statement provided to the supplier by the purchaser pursuant to this subsection.

    3.  The provisions of this section shall be deemed to be optional. The board of county commissioners of any county may decline to accept the additional tax levied pursuant to this section by the adoption of a resolution passed before July 1, 1947, which must be reconsidered and passed once each year within 60 days before July 1 of each year as long as the board of county commissioners desires so to act. Upon the adoption of such a resolution no tax may be collected.

    Sec. 75.  NRS 365.192 is hereby amended to read as follows:

    365.192  1.  In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1 cent per gallon on motor vehicle fuel, except aviation fuel.

    2.  [This tax must be accounted for by each dealer as to the county in which the motor vehicle fuel is sold to the retailer and] The tax imposed pursuant to this section must be collected by the supplier in the manner provided in this chapter. Upon the collection of the tax by the supplier, the purchaser of the fuel shall provide to the supplier a statement that sets forth the number of gallons of fuel that will be sold to retailers in each county in this state. The tax must be paid to the department and delivered by the department to the state treasurer. When the tax is paid to the department, the supplier shall provide to the department a copy of the statement provided to the supplier by the purchaser pursuant to this subsection.


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ê1999 Statutes of Nevada, Page 1010 (Chapter 224, AB 584)ê

 

    Sec. 76.  NRS 365.196 is hereby amended to read as follows:

    365.196  1.  The receipts of the tax as levied in NRS 365.192 must be allocated monthly by the department to the counties in [which the tax payments originate.] proportion to the number of gallons of fuel that are sold to the retailers in each county pursuant to the information contained in the statements provided to the department pursuant to NRS 365.192.

    2.  Each county must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county. The county and each city are respectively entitled to receive each month that proportion of those receipts which its total population bears to the total population of the county.

    3.  During the month immediately preceding each January 1 and July 1, the county treasurer of each county shall, when necessary and after a hearing, adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.

    4.  The money apportioned to the county or a city must be used by it solely to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.

    Sec. 77.  NRS 365.200 is hereby amended to read as follows:

    365.200  1.  In addition to any other taxes provided for by this chapter, every person who [shall use] uses any inflammable or combustible liquid or other material other than motor vehicle fuel [as defined in NRS 365.060] to operate a motor vehicle on the highways of this state, except special fuel as defined in NRS 366.060, shall pay an excise tax as provided by NRS [365.170,] 365.180 and 365.190 and section 59 of this act for each gallon thereof so used, and shall render monthly statements and make monthly payments at the times and in the manner prescribed for [dealers] a supplier in this chapter.

    2.  Any owner or operator of a motor vehicle who [shall import] imports motor vehicle fuel or other fuel or material, except special fuel as defined in NRS 366.060, into this state, from another state or from federal proprietary lands or reservations, in the fuel tank or tanks of any such motor vehicle in a quantity exceeding 25 gallons shall, upon demand of the department or its [duly] authorized agent, pay to the department on such excess motor vehicle fuel the excise tax required to be paid by [dealers.

    3.  Nothing in this chapter shall be construed to] a supplier.

    3.  Any person who resells any motor vehicle fuel exempt from taxation pursuant to NRS 365.220 to 365.260, inclusive, for use that is not exempt pursuant to those provisions shall collect the excise tax required to be paid on the motor vehicle fuel and remit it to the department.

    4.  The provisions of this chapter do not require more than one payment of any excise tax upon or in respect to the same fuel.

    Sec. 78.  NRS 365.205 is hereby amended to read as follows:

    365.205  1.  A retailer of [motor vehicle] aviation fuel who receives or sells [motor vehicle] aviation fuel for which the taxes imposed pursuant to this chapter have not been paid is liable for the taxes and any applicable penalty or interest if the retailer knew or should have known that the applicable taxes on the fuel had not been paid.


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ê1999 Statutes of Nevada, Page 1011 (Chapter 224, AB 584)ê

 

    2.  For the purposes of subsection 1, a retailer who verifies the identification number printed on the delivery ticket of the dealer shall be deemed to have acted without knowledge of the fact of nonpayment.

    Sec. 79.  NRS 365.207 is hereby amended to read as follows:

    365.207  1.  A responsible person who willfully fails to collect or pay to the department the tax imposed by this chapter or who willfully attempts to evade the payment of the tax is jointly and severally liable with the dealer or supplier for the tax owed , plus interest and all applicable penalties. The responsible person shall pay the tax upon notice from the department that it is due.

    2.  As used in this section, “responsible person” includes:

    (a) An officer or employee of a corporation; and

    (b) A member or employee of a partnership or limited-liability company,

whose job or duty it is to collect, account for or pay to the department the tax imposed by this chapter.

    Sec. 80.  NRS 365.220 is hereby amended to read as follows:

    365.220  The provisions of this chapter requiring the payment of excise taxes do not apply to : [any of the following:]

    1.  Motor vehicle fuel [so long as] if it remains in interstate or foreign commerce.

    2.  Motor vehicle fuel , except aviation fuel, exported from this state by a supplier.

    3.  Aviation fuel or fuel for jet or turbine-powered aircraft exported from this state by a dealer.

    [3.] 4.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft sold to the United States Government for official use of the United States Armed Forces.

    [4.] 5.  Motor vehicle fuel , other than aviation fuel, distributed or delivered on the order of the owner, to a supplier, or aviation fuel or fuel for jet or turbine-powered aircraft distributed [,] or delivered on the order of the owner, to a dealer [who] , if the dealer or supplier has furnished security in the amount prescribed in NRS 365.290 and [who] has established to the satisfaction of the department that the security is sufficient to ensure payment of all excise taxes as they may become due to the state from him under this chapter. Every dealer or supplier who claims an exemption shall report the distributions to the department in such detail as the department may require. If he does not do so, the exemption granted in this subsection is void and all fuel is considered distributed in this state subject fully to the provisions of this chapter.

    [5.] 6.  Leaded racing fuel. As used in this subsection, “leaded racing fuel” means motor vehicle fuel that contains lead and is produced for motor vehicles that are designed and built for racing and not for operation on a public highway.

    Sec. 81.  NRS 365.230 is hereby amended to read as follows:

    365.230  1.  The provisions of this chapter requiring the payment of excise taxes do not apply to [motor] :

    (a) Motor vehicle fuel , other than aviation fuel, sold by a supplier; or


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ê1999 Statutes of Nevada, Page 1012 (Chapter 224, AB 584)ê

 

    (b) Aviation fuel or fuel for jet or turbine-powered aircraft sold by a dealer ,

in individual quantities of 500 gallons or less for export to another state or country by the purchaser other than in the supply tank of a motor vehicle or an aircraft, if the dealer or supplier is licensed in the state of destination to collect and remit the applicable destination state taxes thereon.

    2.  In support of any exemption from taxes on account of sales of motor vehicle fuel or fuel for jet or turbine-powered aircraft in individual quantities of 500 gallons or less for export by the purchaser, the dealer or supplier who sold the fuel to the purchaser shall retain in his files for at least 3 years an export certificate executed by the purchaser in such form and containing such information as is prescribed by the department. This certificate is prima facie evidence of the exportation of the motor vehicle fuel or fuel for jet or turbine-powered aircraft to which it applies only if accepted by the dealer or supplier in good faith. If the purchaser fails to export any part of the motor vehicle fuel or fuel for jet or turbine-powered aircraft covered by the certificate, he shall remit to the department immediately thereafter the applicable amount in taxes due on the part not exported. Upon failure to do so the purchaser is subject to all penalties in this chapter for delinquency in payment of taxes.

    Sec. 82.  NRS 365.240 is hereby amended to read as follows:

    365.240  1.  Every dealer and supplier shall report such exports and sales to the department at such times, on such forms and in such detail as the department may require.

    2.  Every dealer and supplier shall mark clearly upon each invoice rendered for sales upon which no excise tax is required under NRS 365.220 and 365.230 “Ex Nevada Motor Vehicle Fuel Tax” or “Ex Nevada Fuel for Jet or Turbine-Powered Aircraft Tax,” whichever is applicable.

    Sec. 83.  NRS 365.270 is hereby amended to read as follows:

    365.270  1.  After April 1, 1935, it [shall be] is unlawful for any person to be a dealer without holding a license of a dealer as provided for in this chapter.

    2.  After January 1, 2002, it is unlawful for any person to be a supplier without holding a license of a supplier as provided for in this chapter.

    Sec. 84.  NRS 365.280 is hereby amended to read as follows:

    365.280  [1.]  Before becoming a dealer [, every] or supplier, a person shall apply to the department, on forms to be prescribed and furnished by the department, for a license authorizing the applicant to engage in business as a dealer [.

    2.  The fee for each license issued shall be $5, which shall be paid to the department. All such fees shall be delivered by the department to the state treasurer and shall be credited by him to the state highway fund.] or supplier.

    Sec. 85.  NRS 365.290 is hereby amended to read as follows:

    365.290  1.  Before granting any license the department shall require the applicant to file with the department a bond executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to [the State of Nevada,] this state and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer [.] or supplier.


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ê1999 Statutes of Nevada, Page 1013 (Chapter 224, AB 584)ê

 

    2.  The total amount of the bond or bonds required of any dealer [may] or supplier must be fixed by the department at three times the estimated maximum monthly tax, determined in such a manner as the department deems proper [.] , or $1,000, whichever is greater. If the department determines that a person is habitually delinquent in the payment of amounts due pursuant to this chapter, it may increase the amount of his security to not more than five times the estimated maximum monthly tax. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100, within the same upper limit.

    3.  The department may increase or decrease the amount of security required by this section subject to the limitations provided in this section.

    4.  No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license affects the validity of any bond.

    5.  In lieu of any bond or bonds, a dealer or supplier may deposit with the department, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.

    Sec. 86.  NRS 365.300 is hereby amended to read as follows:

    365.300  1.  Upon approval of the application the department shall issue to the dealer [:] or supplier:

    (a) An identification number; and

    (b) A nonassignable license with a duplicate copy for each place of business of the dealer or supplier in this state.

    2.  Each license and all duplicates must bear the [dealer’s] identification number [.] of the dealer or supplier.

    3.  The license continues in force until canceled, suspended or revoked.

    4.  The dealer or supplier shall have his identification number printed on each of his delivery tickets.

    Sec. 87.  NRS 365.310 is hereby amended to read as follows:

    365.310  1.  The department [shall have power to] may suspend, cancel or revoke the license of any dealer or supplier refusing or neglecting to comply with the provisions of this chapter.

    2.  If a dealer or supplier becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of the bond or bonds furnished by the dealer [,] or supplier, the department shall suspend his license immediately.

    3.  Before revoking or canceling any license issued under this chapter, the department shall send a notice by registered or certified mail to the dealer or supplier at his last known address. The notice [shall] must order the dealer or supplier to show cause why his license should not be revoked by appearing before the department at Carson City, Nevada, or such other place in this state as may be designated by the department, at a time not less than 10 days after the mailing of the notice. The department shall allow the dealer or supplier an opportunity to be heard in pursuance of [such] the notice, and thereafter the department [shall have full power to] may revoke or cancel his license.


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ê1999 Statutes of Nevada, Page 1014 (Chapter 224, AB 584)ê

 

supplier an opportunity to be heard in pursuance of [such] the notice, and thereafter the department [shall have full power to] may revoke or cancel his license.

    Sec. 88.  NRS 365.330 is hereby amended to read as follows:

    365.330  1.  The excise taxes prescribed in this chapter [shall] must be paid on or before the [25th] last day of each calendar month to the department. The department shall deliver [all such] the taxes to the state treasurer, who shall [receipt] provide to the dealer , supplier or user [therefor.] a receipt for the payment of the taxes.

    2.  From the tax found to be due upon any statement [duly and punctually rendered,] submitted by a dealer pursuant to NRS 365.170 or a user pursuant to NRS 365.200, the dealer or user [shall be allowed to deduct] may retain an amount equal to 2 percent [thereof] of the amount of the tax collected to cover the dealer’s or user’s costs of collection of the tax and of compliance with this chapter and the dealer’s or user’s handling losses occasioned by evaporation, spillage or other similar causes.

    3.  Each supplier may retain an amount equal to 2 percent of the amount of the tax collected by the supplier as a fee for making the collection.

    Sec. 89.  NRS 365.340 is hereby amended to read as follows:

    365.340  1.  If the amount of any excise tax for any month is not paid to the state on or before the [25th] last day of the next month, it becomes delinquent at the close of business on that day. A dealer , supplier or user may have up to 15 additional days to make the payment [,] if he makes application to the department and the department finds good cause for the extension.

    2.  The proceeds from any penalty levied for the delinquent payment of an excise tax must be allocated proportionately to the state highway fund, the county gas tax funds, the account for taxes on aviation fuel and the account for taxes on fuel for jet or turbine-powered aircraft by the department.

    Sec. 90.  NRS 365.380 is hereby amended to read as follows:

    365.380  1.  A claimant for refund must present to the department a refund claim form accompanied by the original invoices showing the purchase. The refund forms must state the total amount of fuel so purchased and used otherwise than for the propulsion of motor vehicles or jet or turbine-powered aircraft and the manner and the equipment in which the claimant has used the fuel.

    2.  A claimant for refund of tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft purchased and exported from this state shall execute and furnish to the department a certificate of exportation on such form as may be prescribed by the department.

    3.  An invoice to qualify for refund must contain at least:

    (a) The number of gallons of fuel purchased;

    (b) The price per gallon;

    (c) The total purchase price of the fuel; and

    (d) Such other information as may be prescribed by the department.

    4.  The signature on the refund claim form subjects the claimant to the charge of perjury for false statements contained on the refund application.


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ê1999 Statutes of Nevada, Page 1015 (Chapter 224, AB 584)ê

 

    5.  Daily records must be maintained and preserved for a period of 3 years for audit purposes of all motor vehicle fuel and fuel for jet or turbine-powered aircraft used. The record must set forth:

    (a) The piece of equipment being supplied with the fuel;

    (b) The number of gallons of fuel used in each fill; and

    (c) The purpose for which the piece of equipment will be used.

The [gasoline] motor vehicle fuel fills must be further classified [as to on- or off-highway use.] according to whether the motor vehicle fuel was used on or off the highway.

    6.  If a motor vehicle with auxiliary equipment consumes motor vehicle fuel and there is no auxiliary motor or separate tank for the motor, a refund of 20 percent of the tax paid on the fuel used in the vehicle may be claimed without the necessity of furnishing proof of the amount of fuel consumed in the operation of the auxiliary equipment. [Where claims for refund exceed 20 percent the] The department shall, by regulation, establish uniform refund provisions for the respective classes of users [.] who claim refunds of more than 20 percent of the tax paid.

    7.  No person may be granted a refund of motor vehicle fuel taxes for off-highway use when the consumption takes place on highways constructed and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over the land or highways, except when the person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his duties pursuant to that relationship. Employment of a person by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.

    8.  [When] If, in the opinion of the department , it would be beneficial to the state for a refund claimant to become a licensed dealer [,] or supplier, the claimant may, at the option of the department, be required to become a licensed dealer or supplier rather than a refund claimant unless the claimant chooses to claim refunds at the tax rate, less 2 percent.

    Sec. 91.  NRS 365.390 is hereby amended to read as follows:

    365.390  Upon the presentation of [such affidavits,] the invoices, written statements, tax exemption certificates or exportation certificates [,] required pursuant to this chapter, the department shall cause to be repaid to the claimant from the taxes collected under this chapter an amount equal to the taxes [so] paid by the claimant less the percentage allowed the dealer , supplier or user pursuant to NRS 365.330.

    Sec. 92.  NRS 365.440 is hereby amended to read as follows:

    365.440  In lieu of the collection and refund of the tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft used by a dealer or supplier in such a manner as would entitle a purchaser to claim a refund under the provisions of this chapter, or in lieu of the refund of any prior erroneous payment of tax on motor vehicle fuel or fuel for jet or turbine-powered aircraft to the department made by a dealer [,] or supplier, credit may be given the dealer or supplier upon his tax return and assessment.

    Sec. 93.  NRS 365.460 is hereby amended to read as follows:

    365.460  After payment of any excise tax under protest duly verified, served on the department, and setting forth the grounds of objection to the legality of the excise tax, the dealer or supplier paying the excise tax may bring an action against the state treasurer in the district court in and for Carson City for the recovery of the excise tax so paid under protest.


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ê1999 Statutes of Nevada, Page 1016 (Chapter 224, AB 584)ê

 

legality of the excise tax, the dealer or supplier paying the excise tax may bring an action against the state treasurer in the district court in and for Carson City for the recovery of the excise tax so paid under protest.

    Sec. 94.  NRS 365.490 is hereby amended to read as follows:

    365.490  A judgment shall not be rendered in favor of the plaintiff in any action brought against the state treasurer to recover any excise tax paid under this chapter when such action is brought by or in the name of an assignee of the dealer or supplier paying the excise tax, or by any person, company or corporation other than the person, company or corporation which has paid the excise tax.

    Sec. 95.  NRS 365.500 is hereby amended to read as follows:

    365.500  1.  Every dealer and supplier shall cause to be kept a true record, in such form as may be prescribed or approved by the department, of all stocks of motor vehicle fuel and fuel for jet or turbine-powered aircraft and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportations, use, sales and distribution thereof.

    2.  [Such] The records are subject to inspection at all times within business hours by the department or its authorized agents, and must remain available for inspection for a period of 3 years [from] after the date of any entry therein.

    3.  [Should any dealer wish] If a dealer or supplier wishes to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada for inspection as provided in this section, he must pay a fee for the examination in an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which the examiner is actually engaged in examining the [dealer’s books,] books of the dealer or supplier, plus the actual expenses of the examiner during the time that the examiner is absent from Carson City, Nevada, for the purpose of making the examination , [;] but the time must not exceed 1 day going to and 1 day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing the dealer’s or supplier’s books. Not more than two such examinations may be charged against any dealer or supplier in any year.

    4.  Any money received must be deposited by the department to the credit of the fund or operating account from which the expenditures for the examination were paid.

    5.  Upon the demand of the department [or at such times as the tax commission may prescribe by regulation, every] , each dealer or supplier shall furnish a statement showing the contents of the records to such extent [,] and in such detail and [in such] form as the department may require.

    Sec. 96.  NRS 365.530 is hereby amended to read as follows:

    365.530  1.  Every person transporting on any highway [of the State of Nevada motor vehicle] in this state aviation fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids in an amount of 25 gallons or more shall have in his possession at all times [during such transportation] while transporting the fuel an invoice, bill of sale or other document showing the name and address of the seller or consignor and of the buyer or consignee, if any, of the product so transported.


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ê1999 Statutes of Nevada, Page 1017 (Chapter 224, AB 584)ê

 

    2.  Any person engaged in transporting [motor vehicle] aviation fuel or fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids by tank truck or tank truck and trailer to be delivered to a dealer or any reseller of such products or to persons known to the trade as commercial consumers is required only to have in his possession adequate evidence showing the amount of the [motor vehicle] aviation fuel, fuel for jet or turbine-powered aircraft or other inflammable or combustible liquids loaded in his conveyance at the time the conveyance left its loading point, and the name and address of the dealer who has assumed or is charged with the responsibility for the payment of the tax due thereon, if any. The date of the delivery [thereto] of the fuel to the dealer must be furnished to the department upon request.

    3.  A person shall produce and exhibit the documentation and evidence required to be in his possession by this section to any sheriff, deputy sheriff, police officer or authorized agent of the department upon request. If the person fails to produce the documentation and evidence, the sheriff, deputy sheriff, police officer or authorized agent of the department may seize and detain the truck and trailer and the fuel or other inflammable or combustible liquid until the documentation and evidence are produced and any taxes due are paid.

    Sec. 97.  NRS 365.535 is hereby amended to read as follows:

    365.535  1.  It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.

    2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the department by use of the following formula:

    (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;

    (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and

    (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the [dealer] supplier pursuant to NRS 365.330.

    3.  The division of wildlife of the state department of conservation and natural resources shall submit annually to the department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.


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ê1999 Statutes of Nevada, Page 1018 (Chapter 224, AB 584)ê

 

recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the division of wildlife of the state department of conservation and natural resources and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.

    4.  In each fiscal year, the state treasurer shall, upon receipt of the tax money from the department collected pursuant to the provisions of NRS [365.170 to 365.190, inclusive,] 365.180, 365.185 and 365.190 and section 59 of this act allocate the amount determined pursuant to subsection 2, in proportions directed by the legislature, to:

    (a) The wildlife account in the state general fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of this money declared by the division of wildlife of the state department of conservation and natural resources to be in excess of its immediate requirements for these purposes may be transferred to the credit of the parks marina development fund for use by the division of state parks of the state department of conservation and natural resources in accordance with the provisions of paragraph (b).

    (b) The parks marina development fund which is hereby created as a special revenue fund for use by the division of state parks of the state department of conservation and natural resources. All money so deposited to the credit of the division of state parks may be expended only as authorized by the legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating.

    5.  Money that the state treasurer is required to allocate pursuant to the provisions of subsection 4 may be paid quarterly or oftener if convenient to the state treasurer.

    Sec. 98.  NRS 365.540 is hereby amended to read as follows:

    365.540  1.  The money collected, as prescribed by NRS [365.170 and 365.185,] 365.185 and section 59 of this act, from the tax on motor vehicle fuels, other than aviation fuel, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be placed to the credit of the state highway fund by the state treasurer. An amount equal to that part of the tax collected pursuant to [subparagraph (3) of paragraph (b) of subsection 1 of NRS 365.170,] section 59 of this act, which represents 5 cents of the tax per gallon must be used exclusively for the construction and maintenance of public highways, and may not be used to purchase equipment related thereto.

    2.  The money collected, as prescribed by NRS 365.180 and 365.190, after the remittances and deposits have first been made pursuant to the provisions of NRS 365.535, must be allocated by the department to the counties as prescribed in NRS 365.550 and 365.560.

    3.  The money collected as prescribed by NRS 365.200 must be allocated by the department as prescribed by NRS 365.550 and 365.560.


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ê1999 Statutes of Nevada, Page 1019 (Chapter 224, AB 584)ê

 

    4.  The money collected from the tax on aviation fuel must be deposited by the department with the state treasurer for credit to the account for taxes on aviation fuel, which is hereby created as a revolving account.

    Sec. 99.  NRS 365.570 is hereby amended to read as follows:

    365.570  1.  It is unlawful for any person:

    (a) To refuse or neglect to make any statement, report or return required by the provisions of this chapter;

    (b) Knowingly to make, or aid or assist any other person in making, a false statement in a report to the department or in connection with an application for refund of any tax;

    (c) Knowingly to collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of any tax without being entitled to the same;

    (d) To engage in business in this state as a dealer or supplier or to act as a carrier of motor vehicle fuel, fuel for jet or turbine-powered aircraft, special fuel or other inflammable or combustible liquids without being the holder of an uncanceled license authorizing him to engage in such business or to act in such capacity;

    (e) To sell any motor vehicle fuel or fuel for jet or turbine-powered aircraft upon which the tax imposed by this chapter has not been paid, purchased by or consigned to him by any person other than a licensed dealer [;] or supplier; or

    (f) To act as an agent to sell any motor vehicle fuel or fuel for jet or turbine-powered aircraft, obtained in any manner, upon which the tax imposed by this chapter has not been paid.

    2.  Each day or part thereof during which any person engages in business as a dealer or supplier without being the holder of an uncanceled license constitutes a separate offense within the meaning of this section.

    Sec. 100.  NRS 366.175 is hereby amended to read as follows:

    366.175  1.  To the extent permitted by federal law, the department may enter into cooperative agreements with other states and countries for the exchange of information regarding, and the auditing of, persons who use special fuel in motor vehicles operated or intended to operate interstate. Any agreement, arrangement or declaration, or any amendment thereto, is not effective until reduced to writing and signed by the parties thereto or their authorized representatives.

    2.  An agreement may include, with respect to persons who use special fuel, provisions:

    (a) For determining the domicile of those persons;

    (b) Specifying the records which are required to be kept by those persons;

    (c) Relating to audit procedures, the exchange of information and persons eligible for licensing;

    (d) Defining various words and terms;

    (e) Setting forth the procedure for collecting special fuel taxes owing to another jurisdiction and forwarding those taxes to that jurisdiction; and

    (f) Designed to facilitate the administration of the agreement.

    3.  The department may, pursuant to the terms of an agreement, forward to the designated representatives of another jurisdiction any information in its possession relating to the manufacture, transportation, shipment, sale or use of special fuel by any person, and the location within this state of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.


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ê1999 Statutes of Nevada, Page 1020 (Chapter 224, AB 584)ê

 

of special fuel by any person, and the location within this state of any motor vehicles owned by a person who has been identified by another jurisdiction as a user of special fuel.

    4.  An agreement may provide that each jurisdiction shall audit the records of persons residing or doing business within that jurisdiction to determine if the special fuel taxes owing to each jurisdiction have been properly reported and paid, and requiring each jurisdiction to forward the findings of its audits to every other jurisdiction in which the person who is the subject of an audit has incurred tax liability as a result of his use of special fuel. The audit findings received from another jurisdiction may be used by the department as the basis for an estimated assessment of tax due from a person pursuant to the provisions of [NRS 366.405.] section 4 of this act.

    5.  Any agreement entered into pursuant to the provisions of this section does not preclude the department from auditing the records of any person subject to the provisions of this chapter.

    Sec. 100.5.  NRS 366.395 is hereby amended to read as follows:

    366.395  1.  Any [person] special fuel user who fails to pay any excise tax [, except taxes assessed pursuant to the provisions of NRS 366.405,] within the time prescribed by this chapter shall pay, in addition to the tax, a penalty of [:

    (a) If the amount of the tax owed is $50 or more, 10 percent of the amount owed or $50, whichever is greater; or

    (b) If the amount of the tax owed is less than $50,] $50 or 10 percent of the amount owed, whichever is greater, plus interest on the amount of the tax at the rate of 1 percent per month or fraction thereof, from the date the tax became finally due until the date of payment.

    2.  A tax return or statement is considered delinquent when it has not been received by the department by the date the tax return or statement is due, as prescribed by the provisions of this chapter.

    Sec. 100.7.  NRS 366.540 is hereby amended to read as follows:

    366.540  1.  The tax provided for by this chapter must be paid by special fuel suppliers, special fuel dealers and special fuel users. A special fuel supplier or special fuel dealer shall pay to the department the excise tax he collects from purchasers of special fuel with the monthly return filed pursuant to NRS 366.383 or 366.386, respectively. The tax paid by a special fuel user must be computed by multiplying the tax rate per gallon provided in this chapter by the amount that the number of gallons of special fuel consumed by the special fuel user in the propulsion of motor vehicles on the highways of this state exceeds the number of gallons of special fuel purchases by him.

    2.  Except as otherwise provided in subsection 3, in computing the amount of tax on special fuel a special fuel supplier owes to the department, the special fuel supplier may deduct from the amount due pursuant to subsection 1 any amount which is due but has not been paid by a purchaser who is authorized by the department to defer payment of the tax pursuant to NRS 366.397. If such a deduction is claimed, the claim must identify the purchaser and the amount of taxes that he failed to pay.


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ê1999 Statutes of Nevada, Page 1021 (Chapter 224, AB 584)ê

 

    3.  A special fuel supplier shall not deduct from the amount he owes the department pursuant to subsection 1 any amount which has not been paid by a person whose permit to defer the payment of the tax has been revoked pursuant to subsection 4 of NRS 366.397 if, before the special fuel was purchased, the special fuel supplier had been notified by the department pursuant to subsection 5 of NRS 366.397 that it had revoked the purchaser’s permit.

    4.  Each special fuel supplier and special fuel dealer shall hold the amount of all taxes collected pursuant to this chapter in a separate account in trust for the state.

    Sec. 101.  Chapter 373 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Department” means the department of motor vehicles and public safety.

    Sec. 102.  NRS 373.020 is hereby amended to read as follows:

    373.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 373.0205 to 373.029, inclusive, and section 101 of this act, have the meanings ascribed to them in those sections.

    Sec. 103.  NRS 373.070 is hereby amended to read as follows:

    373.070  Any motor vehicle fuel tax ordinance enacted under this chapter must include provisions in substance as follows:

    1.  A provision imposing the additional excise tax and stating the amount of the tax per gallon of fuel.

    2.  Provisions identical to those contained in chapter 365 of NRS on the date of enactment of the ordinance, insofar as applicable, except that the name of the county as taxing agency must be substituted for that of the state and that an additional [dealer’s] supplier’s license is not required.

    3.  A provision that all amendments to chapter 365 of NRS subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the motor vehicle fuel tax ordinance of the county.

    4.  A provision that the county shall contract prior to the effective date of the county motor vehicle fuel tax ordinance with the department to perform all functions incident to the administration or operation of the motor vehicle fuel tax ordinance of the county.

    Sec. 104.  NRS 373.090 is hereby amended to read as follows:

    373.090  1.  For the purpose of the tax imposed by an ordinance enacted pursuant to this chapter, motor vehicle fuel is sold at the place where it is [delivered into a vehicle not belonging to the seller or into a stationary tank on the premises of the buyer.] distributed from a terminal.

    2.  As used in this section, “terminal” has the meaning ascribed to it in section 56 of this act.

    Sec. 105.  NRS 482.187 is hereby amended to read as follows:

    482.187  The department may:

    1.  Enter into written agreements providing for the periodic payment of delinquent taxes or fees imposed pursuant to this chapter.

    2.  Adopt regulations:

    (a) Setting forth the permissible terms of [such] those agreements; and


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ê1999 Statutes of Nevada, Page 1022 (Chapter 224, AB 584)ê

 

    (b) Providing for the cancellation of such an agreement if the person with whom the department has contracted becomes delinquent in his payments pursuant to the agreement or in his payment of other taxes or fees owed to the department pursuant to the provisions of chapter 365, 366, 371 , 373 or 482 of NRS.

    Sec. 106.  NRS 590.120 is hereby amended to read as follows:

    590.120  1.  Every person, or any officer, agent or employee thereof, shipping or transporting any [gasoline] motor vehicle fuel or lubricating oil into this state for sale or consignment, or with intent to sell or consign the same, shall pay to the department of [taxation] motor vehicles and public safety an inspection fee of 0.055 of a cent per gallon for every gallon of [gasoline] motor vehicle fuel or lubricating oil so shipped or transported into the state, or that is held for sale within this state. [Nothing in this section requires] This section does not require the payment of an inspection fee on any shipment or consignment of [gasoline] motor vehicle fuel or lubricating oil when [such] the inspection fee has [already] been paid.

    2.  Of each inspection fee paid to the department of [taxation] motor vehicles and public safety pursuant to this section, 0.005 of a cent per gallon must be transferred quarterly to an account in the state general fund for the state board of agriculture. The state board of agriculture shall use all money transferred pursuant to this subsection to pay the expenses incurred in enforcing the provisions of NRS 590.070.

    3.  On or before the [25th] last day of each calendar month, every person, or any officer, agent or employee thereof, required to pay the inspection fee [mentioned] described in subsection 1 shall send to the department of [taxation] motor vehicles and public safety a correct report of the [gasoline] motor vehicle fuel or oil volumes for the preceding month. The report must include a list of distributors or retailers distributing or selling the products and must be accompanied by the required fees.

    4.  Failure to send the report and remittance as specified in subsections 1 and 3 is a violation of NRS 590.010 to 590.150, inclusive, and is punishable as provided in NRS 590.150.

    5.  The provisions of this section must be carried out in the manner prescribed in chapter 365 of NRS and sections 2 to 45, inclusive, of this act.

    Sec. 107.  NRS 590.130 is hereby amended to read as follows:

    590.130  Except as otherwise provided in subsection 2 of NRS 590.120, all inspection fees received by the department of [taxation] motor vehicles and public safety must be deposited with the state treasurer for credit to the state general fund, and all expenses incurred in carrying out the provisions of NRS 590.010 to 590.150, inclusive, must be paid out of funds provided by direct legislative appropriation.

    Sec. 108.  NRS 590.720 is hereby amended to read as follows:

    590.720  “Department” means the department of [taxation.] motor vehicles and public safety.

    Sec. 109.  NRS 590.840 is hereby amended to read as follows:

    590.840  1.  Except as otherwise provided in subsection [3,] 2, the department shall collect for deposit in the fund a fee of 0.75 cent for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 and heating oil imported into this state in one of those forms or refined in this state.


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ê1999 Statutes of Nevada, Page 1023 (Chapter 224, AB 584)ê

 

grade number 2 and heating oil imported into this state in one of those forms or refined in this state. The fee imposed by this section is in addition to the taxes imposed by chapters 365 and 366 of NRS.

    2.  [The department of motor vehicles and public safety shall cooperate with the department of taxation in ascertaining the amount of diesel fuel so imported and the identity of each person liable for payment of the fee upon it.

    3.]  The fee imposed by subsection 1 does not apply to motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2 or heating oil that is:

    (a) Imported or refined by the United States, its unincorporated agencies and instrumentalities, or any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;

    (b) Exported from [the] this state;

    (c) Imported or refined by railroad companies for use in locomotive engines;

    (d) Being transported through [the] this state in interstate commerce; or

    (e) Used as fuel for jet or turbine-powered aircraft.

    [4.] 3.  The fee is payable on or before the [25th] last day of each calendar month for those products subject to the fee that are handled during the preceding calendar month. The department shall prescribe by regulation the manner of payment of the fee and for this purpose may reasonably classify the persons liable for payment. The department may, in collecting the fee, employ any administrative power conferred upon it by chapter 365 of NRS [.

    5.] or sections 2 to 45, inclusive, of this act.

    4.  The expenses incurred by the department in performing its duties under NRS 590.700 to 590.920, inclusive, are a charge against the fund.

    Sec. 110.  NRS 366.394, 366.3955, 366.396, 366.405, 366.510, 366.560, 366.570, 366.580, 366.590, 366.600, 366.610, 366.620, 366.630 and 366.640 are hereby repealed.

    Sec. 111.  The regulations adopted by the department of taxation pursuant to NRS 365.110 are void. The legislative counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after January 1, 2002.

    Sec. 112.  The amendatory provisions of this act do not apply to offenses that were committed before January 1, 2002.

    Sec. 113.  1.  This section and section 100.7 of this act become effective upon passage and approval.

    2.  The remaining sections of this act become effective on January 1, 2000, for the purposes of the adoption of regulations by the department of motor vehicles and public safety and the execution of any other administrative matters necessary to allow the department to begin collecting the taxes on January 1, 2002, and for all other purposes on January 1, 2002.

    Sec. 114.  In preparing the 1999 and 2001 reprints of the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, and in the Nevada Administrative Code, the legislative counsel shall appropriately correct:


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ê1999 Statutes of Nevada, Page 1024 (Chapter 224, AB 584)ê

 

    1.  Any references concerning the collection of the taxes imposed by chapters 365 and 366 of NRS from references to the department of taxation to references to the department of motor vehicles and public safety.

    2.  Any references concerning an exporter or supplier of motor vehicle fuel in chapter 365 of NRS.

________

 

CHAPTER 225, AB 588

Assembly Bill No. 588–Committee on Government Affairs

 

CHAPTER 225

 

AN ACT relating to state purchasing; requiring the chief of the purchasing division of the department of administration to adopt regulations that establish procedures for the awarding of contracts and the evaluation of proposals; requiring contracts for services that are provided by independent contractors to certain agencies and elected officers to be awarded in the same manner as contracts for services for state agencies are awarded; and providing other matters properly relating thereto.

 

[Approved May 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:

    Sec. 2.  The chief shall adopt regulations establishing procedures for awarding contracts pursuant to this chapter. The regulations must include, without limitation, provisions that set forth requirements relating to:

    1.  The establishment and membership of committees to evaluate proposals.

    2.  Notices that must be given to persons who submit proposals before and after a contract is awarded;

    3.  The confidentiality of information submitted in proposals and any communication between a person who submits a proposal and the chief of a using agency, the chief of the purchasing division or a member of a committee to evaluate proposals;

    4.  The submission of revised proposals; and

    5.  The awarding of contracts on a contingency basis.

    Sec. 3.  NRS 333.020 is hereby amended to read as follows:

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

    1.  “Chief” means the chief of the purchasing division.

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

    3.  “Invitation to bid” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

    4.  “Proprietary information” means:

    (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

    (b) Any other trade secret or confidential business information submitted [by a bidder] in a bid or proposal and designated as proprietary by the chief.


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ê1999 Statutes of Nevada, Page 1025 (Chapter 225, AB 588)ê

 

As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

    [4.] 5.  “Purchasing division” means the purchasing division of the department of administration.

    [5.] 6.  “Purchasing officer” means a person who is authorized by the chief or a using agency to participate in:

    (a) The evaluation of bids or proposals for a contract;

    (b) Any negotiations concerning a contract; or

    (c) The development, review or approval of a contract.

    [6.] 7.  “Request for [a proposal”] proposals” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

    [7.] 8.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

    [8.] 9.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources . [, except] The term does not include the Nevada rural housing authority, local governments as defined in NRS 354.474, conservation districts, irrigation districts, the state industrial insurance system and the University and Community College System of Nevada.

    [9.] 10.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 4.  NRS 333.120 is hereby amended to read as follows:

    333.120  The state purchasing fund, in the sum of $1,250,000 is hereby created as an internal service fund for the use of the chief in purchasing supplies, materials and equipment [.] and services.

    Sec. 5.  NRS 333.162 is hereby amended to read as follows:

    333.162  1.  The chief may designate the method of obtaining a contract, including:

    (a) An invitation [for a] to bid;

    (b) A request for [a proposal;] proposals;

    (c) A request for a quotation; or

    (d) Any other accepted method of purchasing that complies with the [requirements] provisions of this chapter.

    2.  The chief shall adopt regulations governing the [various] methods of obtaining a contract.

    Sec. 6.  NRS 333.165 is hereby amended to read as follows:

    333.165  [The]

    1.  Except as otherwise provided by specific statute, the chief shall contract for services whose estimated value is $100,000 or more, and may [, upon request from] authorize a using agency [,] to contract for such services [needed by that agency] if he determines that to do so would [benefit the


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ê1999 Statutes of Nevada, Page 1026 (Chapter 225, AB 588)ê

 

public or cause some other beneficial effect.] be in the best interests of the state.

    2.  A using agency may contract for services if the estimated value of the services is less than $100,000. The chief may, upon the request of a using agency, contract for such services on behalf of the agency if he determines that to do so would be in the best interests of the state.

    3.  The chief shall, upon the request of a using agency, provide assistance to the using agency for any contract for services whose estimated value is less than $100,000.

    4.  For the purposes of this section, a contract for goods and services whose estimated value:

    (a) Is $100,000 or more, shall be deemed a contract for services; or

    (b) Is less than $100,000, shall be deemed a contract for goods with respect to that part of the contract that represents goods. Those goods must be procured in a manner authorized by the chief.

    Sec. 7.  NRS 333.335 is hereby amended to read as follows:

    333.335  1.  [After receiving proposals and before] Each proposal must be evaluated by:

    (a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to section 2 of this act, if the proposal is for a using agency; or

    (b) The chief of the purchasing division, or a committee appointed by the chief in accordance with the regulations adopted pursuant to section 2 of this act, if he is responsible for administering the proposal.

    2.  A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the chief of the purchasing division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.

    3.  In making an award, the chief of the using agency, the chief of the purchasing division or each member of the committee, if a committee is established, shall consider [:

    (a) The] and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada [;

    (b)] :

    (a) The experience and financial stability of the person submitting a proposal;

    [(c)] (b) Whether the proposal conforms with the terms of the request for proposals;

    [(d)] (c) The price of the proposal; and

    [(e)] (d) Any other factor disclosed in the request for proposals.

    [2.  The chief]


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ê1999 Statutes of Nevada, Page 1027 (Chapter 225, AB 588)ê

 

    4.  The chief of the using agency, the chief of the purchasing division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted . [to the purchasing division.]

    5.  The chief of the using agency, the chief of the purchasing division or the committee, if a committee is established, shall award the contract based on the best interests of the state and is not required to accept the lowest-priced proposal.

    6.  Each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.

    Sec. 8.  NRS 333.340 is hereby amended to read as follows:

    333.340  1.  Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the chief may consider:

    (a) The location of the using agency to be supplied.

    (b) The qualities of the articles to be supplied.

    (c) The total cost of ownership of the articles to be supplied.

    (d) Except as otherwise provided in paragraph (e), the conformity of the articles to be supplied with the specifications.

    (e) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:

         (1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;

         (2) The purchase of the alternative article results in a lower price; and

         (3) The chief deems the purchase of the alternative article to be in the best interests of the State of Nevada.

    (f) The purposes for which the articles to be supplied are required.

    (g) The dates of delivery of the articles to be supplied.

    2.  If a contract or an order is not awarded to the lowest bidder, the chief shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him.

    3.  As used in this section, “total cost of ownership” includes, but is not limited to:

    (a) The history of maintenance or repair of the articles;

    (b) The cost of routine maintenance and repair of the articles;

    (c) Any warranties provided in connection with the articles;

    (d) The cost of replacement parts for the articles; and

    (e) The value of the articles as used articles when given in trade on a subsequent purchase.

    Sec. 9.  NRS 284.173 is hereby amended to read as follows:

    284.173  1.  Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors. Except as otherwise provided by specific statute, each contract for services must be awarded pursuant to the provisions of chapter 333 of NRS.

    2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.


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

ê1999 Statutes of Nevada, Page 1028 (Chapter 225, AB 588)ê

 

methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

    3.  For the purposes of this section:

    (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

    (b) There must be no:

         (1) Withholding of income taxes by the state;

         (2) Coverage for industrial insurance provided by the state;

         (3) Participation in group insurance plans which may be available to employees of the state;

         (4) Participation or contributions by either the independent contractor or the state to the public employees’ retirement system;

         (5) Accumulation of vacation leave or sick leave; or

         (6) Coverage for unemployment compensation provided by the state if the requirements of NRS 612.085 for independent contractors are met.

    4.  An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.

    5.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as otherwise provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $750.

    6.  Except as otherwise provided in subsection 7, and except contracts entered into by the University and Community College System of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners, but the state board of examiners may authorize its clerk or his designee to approve contracts which are:

    (a) For amounts less than $5,000 or, in contracts necessary to preserve life and property, for amounts less than $25,000.

    (b) Entered into by the state gaming control board for the purposes of investigating an applicant for or holder of a gaming license.

The state board of examiners shall adopt regulations to carry out the provisions of this section.

    7.  Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:

    (a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.


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ê1999 Statutes of Nevada, Page 1029 (Chapter 225, AB 588)ê

 

    (b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings if the contracting process was controlled by the rules of open competitive bidding.

    (c) Contracts executed by the housing division of the department of business and industry.

    (d) Contracts executed by the state industrial insurance system.

    (e) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

    8.  The state board of examiners shall review each contract submitted for approval pursuant to subsection 6 to consider:

    (a) Whether sufficient authority exists to expend the money required by the contract; and

    (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

If the contract submitted for approval continues an existing contractual relationship, the board shall ask each agency to ensure that the state is receiving the services that the contract purports to provide.

    9.  If the services of an independent contractor are contracted for to represent an agency of the state in any proceeding in any court, the contract must require the independent contractor to identify in all pleadings the specific state agency which he is representing.

    Sec. 10.  NRS 333.275 is hereby repealed.

    Sec. 11.  Section 3 of this act becomes effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 226, AB 601

Assembly Bill No. 601–Committee on Taxation

 

CHAPTER 226

 

AN ACT relating to taxation; revising the provisions governing the appraisal of real property to include further grouping of parcels and an analysis of discounted cash flow; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 361.227 is hereby amended to read as follows:

    361.227  1.  Any person determining the taxable value of real property shall appraise:

    (a) The full cash value of:

         (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

         (2) Improved land consistently with the use to which the improvements are being put.


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

ê1999 Statutes of Nevada, Page 1030 (Chapter 226, AB 601)ê

 

    (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

    2.  The unit of appraisal must be a single parcel unless:

    (a) The location of the improvements causes two or more parcels to function as a single parcel; [or]

    (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission [.] ; or

    (c) In the professional judgment of the person determining the taxable value, the parcel is one of a group of parcels which should be valued as a collective unit.

    3.  The taxable value of a leasehold interest, possessory interest, beneficial interest or beneficial use for the purpose of NRS 361.157 or 361.159 must be determined in the same manner as the taxable value of the property would otherwise be determined if the lessee or user of the property was the owner of the property and it was not exempt from taxation, except that the taxable value so determined must be reduced by a percentage of the taxable value that is equal to the:

    (a) Percentage of the property that is not actually leased by the lessee or used by the user during the fiscal year; and

    (b) Percentage of time that the property is not actually leased by the lessee or used by the user during the fiscal year.

    4.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

    5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:

    (a) Comparative sales, based on prices actually paid in market transactions.

    (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

    (c) Capitalization of the fair economic income expectancy or fair economic rent [.] , or an analysis of the discounted cash flow.

A county assessor is required to make the reduction prescribed in this subsection if the owner calls to his attention the facts warranting it, if he discovers those facts during physical reappraisal of the property or if he is otherwise aware of those facts.

    6.  The Nevada tax commission shall by regulation establish:

    (a) Standards for determining the cost of replacement of improvements of various kinds.


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

ê1999 Statutes of Nevada, Page 1031 (Chapter 226, AB 601)ê

 

    (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.

    (c) Schedules of depreciation for personal property based on its estimated life.

    (d) Criteria for the valuation of two or more parcels as a subdivision.

    7.  In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

    8.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

    9.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

________

 

CHAPTER 227, AB 606

Assembly Bill No. 606–Committee on Government Affairs

 

CHAPTER 227

 

AN ACT relating to local financial administration; establishing the severe financial emergency fund; authorizing the executive director of the department of taxation to loan money from the fund to a local government in severe financial emergency under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The severe financial emergency fund is hereby created in the state treasury as a revolving fund. The executive director shall administer the fund.

    2.  The money in the fund must be invested as other state funds are invested. Any interest and income earned on the money in the fund must, after deducting any applicable charges, be credited to the fund.

    3.  The executive director may distribute the money in the severe financial emergency fund as a loan to a local government for the purpose of paying the operating expenses of the local government until the local government receives revenues if:

    (a) The department takes over the management of a local government pursuant to NRS 354.685 to 354.725, inclusive;

    (b) The executive director determines that a loan from the severe financial emergency fund is necessary to pay the operating expenses of the local government; and


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

ê1999 Statutes of Nevada, Page 1032 (Chapter 227, AB 606)ê

 

    (c) The local government adopts a resolution in which the local government agrees to:

         (1) Use the money only for the purpose of paying the operating expenses of the local government until the local government receives revenues; and

         (2) Repay the entire amount of the loan, without any interest, to the severe financial emergency fund as soon as practicable, but not later than 12 months after the date on which the resolution is adopted.

    4.  A loan approved by the executive director must be repaid as soon as practicable by the local government, but the duration of the loan must not exceed 12 months after the date on which the loan was made. The executive director shall not charge interest on a loan made pursuant to this section.

    5.  The executive director shall report to the committee on local government finance and to the Nevada tax commission as soon as practicable after the date that the loan is approved concerning:

    (a) The status of the loan;

    (b) The purposes for which the local government will use the money from the loan; and

    (c) The resources that the local government will use to repay the loan.

    Sec. 2.  NRS 354.655 is hereby amended to read as follows:

    354.655  As used in NRS 354.655 to 354.725, inclusive, and section 1 of this act unless the context requires otherwise:

    1.  “Committee” means the committee on local government finance.

    2.  “Department” means the department of taxation.

    3.  “Executive director” means the executive director of the department of taxation.

    4.  “Local government” means any local government subject to the provisions of the Local Government Budget Act.

    5.  The words and terms defined in the Local Government Budget Act have the meanings ascribed to them in that act.

    Sec. 3.  As soon as practicable after the effective date of this act, the state controller shall transfer all the money in the local government emergency fund (fund 652, budget account 6067, dept. 13) to the severe financial emergency fund created pursuant to section 1 of this act.

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

________

 


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

ê1999 Statutes of Nevada, Page 1033ê

 

CHAPTER 228, AB 620

Assembly Bill No. 620–Committee on Judiciary

 

CHAPTER 228

 

AN ACT relating to traffic laws; revising the provisions concerning the certification of certain devices used to test the intoxication of a person; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 484.3882 is hereby amended to read as follows:

    484.3882  1.  The committee on testing for intoxication shall [adopt regulations consisting of a list of those devices, described by manufacturer and type, which it certifies as] :

    (a) In the manner set forth in subsection 2, certify a device that the committee determines is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath [. The] ; and

    (b) Create, maintain and make available to the public, free of charge, a list of those devices certified by the committee, described by manufacturer and type.

    2.  To determine whether a device is designed and manufactured to be accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath, the committee may:

    (a) [Certify those devices of which it approves which are on] Use the list of qualified products meeting the requirements for evidential breath-testing devices of the National Highway Traffic Safety Administration; or

    (b) Establish its own standards and procedures for evaluating those devices and obtain evaluations of the devices from the director or his agent.

    [2.] 3.  If such a device has been certified by the committee to be accurate and reliable pursuant to [subsection 1,] this section, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath.

    [3.] 4.  This section does not preclude the admission of evidence of the amount of alcohol in a person’s breath where the information is obtained through the use of a device other than one of a type certified by the committee.

    Sec. 2.  NRS 488.480 is hereby amended to read as follows:

    488.480  1.  If a person refuses to submit to a required chemical test provided for in NRS 488.460, evidence of that refusal is admissible in any criminal action arising out of acts alleged to have been committed while the person was operating or in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

    2.  A court may not exclude evidence of a required test or failure to submit to such a test if the peace officer or other person substantially complied with the provisions of NRS 488.460.


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

ê1999 Statutes of Nevada, Page 1034 (Chapter 228, AB 620)ê

 

    3.  If a person submits to a chemical test provided for in NRS 488.460, full information concerning that test must be made available, upon his request, to him or his attorney.

    4.  Evidence of a required test is not admissible in a criminal proceeding unless it is shown by documentary or other evidence that the device for testing breath was certified [,] pursuant to NRS 484.3882 and was calibrated, maintained and operated as provided by the regulations of the committee on testing for intoxication adopted pursuant to NRS [484.3882,] 484.3884, 484.3886 or 484.3888.

    5.  If the device for testing breath has been certified by the committee on testing for intoxication to be accurate and reliable pursuant to [subsection 1 of] NRS 484.3882, it is presumed that, as designed and manufactured, the device is accurate and reliable for the purpose of testing a person’s breath to determine the percent by weight of alcohol in the person’s breath.

    6.  A court shall take judicial notice of the certification by the director of a person to operate testing devices of one of the certified types. If a test to determine the amount of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to NRS 484.3886 or 484.3888, it is presumed that the person operated the device properly.

    7.  This section does not preclude the admission of evidence of a test of a person’s breath where the:

    (a) Information is obtained through the use of a device other than one of a type certified by the committee on testing for intoxication.

    (b) Test has been performed by a person other than one who is certified by the director.

________

 

CHAPTER 229, AB 639

Assembly Bill No. 639–Committee on Government Affairs

 

CHAPTER 229

 

AN ACT relating to purchasing by local governments; increasing under certain circumstances the threshold for the size of a contract that is subject to the requirements concerning the advertisement of contracts and solicitation of bids; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 332 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided by specific statute:

    (a) If a local government that is located in a county whose population is less than 100,000 has annual appropriated expenditures of $1,000,000 or more, the governing body of the local government or its authorized representative shall advertise all contracts for which the estimated amount required to perform the contract exceeds $25,000.


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

ê1999 Statutes of Nevada, Page 1035 (Chapter 229, AB 639)ê

 

    (b) Except as otherwise provided in paragraph (d), such a governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $25,000 or less.

    (c) If the estimated amount required to perform the contract is more than $5,000 but not more than $25,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a record of all requests for bids and all bids received for the contract for at least 7 years after the date on which the contract was executed.

    (d) If the governing body or its authorized representative intends to award a contract for which the estimated amount required to perform the contract is more than $10,000 but not more than $25,000, the governing body or its authorized representative shall publish a notice that sets forth:

         (1) The date on which the contract may be awarded;

         (2) The estimated amount for which the contract may be awarded;

         (3) The general purpose for which the contract may be awarded; and

         (4) Information regarding the manner in which a contractor may have his name placed on a list maintained by the local government of properly licensed contractors who are interested in receiving offers from the local government to bid on contracts.

The notice required pursuant to this paragraph must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.

    2.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.

    Sec. 2.  NRS 332.035 is hereby amended to read as follows:

    332.035  1.  Except as otherwise provided by specific statute:

    (a) [A governing body or its authorized representative] If a local government that is located in a county whose population is less than 100,000 has annual appropriated expenditures of less than $1,000,000, the governing body of the local government or its authorized representative shall advertise all contracts for which the estimated amount required to perform the contract exceeds $10,000.

    (b) Such a governing body or its authorized representative may enter into a contract of any nature without advertising if the estimated amount required to perform the contract is $10,000 or less.

    (c) If the estimated amount required to perform the contract is more than $5,000 but not more than $10,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.

    2.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.


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

ê1999 Statutes of Nevada, Page 1036 (Chapter 229, AB 639)ê

 

    Sec. 3.  NRS 332.045 is hereby amended to read as follows:

    332.045  1.  The advertisement required by paragraph (a) of subsection 1 of NRS 332.035 and NRS 332.039 and paragraph (a) of subsection 1 of section 1 of this act must be published at least once and not less than 7 days before the opening of bids. The advertisement must be by notice to bid, and must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.

    2.  The notice must state:

    (a) The nature, character or object of the contract.

    (b) If plans and specifications are to constitute part of the contract, where the plans and specifications may be seen.

    (c) The time and place where bids will be received and opened.

    (d) Such other matters as may properly pertain to giving notice to bid.

    Sec. 4.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 230, SB 46

Senate Bill No. 46–Committee on Finance

 

CHAPTER 230

 

AN ACT relating to public schools; requiring the boards of trustees of school districts to pay increased salaries to teachers who maintain certification by the National Board for Professional Teaching Standards; requiring related information to be included in the annual budget report of each school district; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 387.303 is hereby amended to read as follows:

    387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

    (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

    (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.


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

ê1999 Statutes of Nevada, Page 1037 (Chapter 230, SB 46)ê

 

    (c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

    (d) The school district’s actual expenditures in the fiscal year immediately preceding the report.

    (e) The school district’s proposed expenditures for the current fiscal year.

    (f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

    (g) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

    (h) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

    [(h)] (i) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

    [(i)] (j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

    2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

    3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

    Sec. 2.  NRS 391.160 is hereby amended to read as follows:

    391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

    2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

    (a) On or before September 15 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

    (b) The teacher is assigned by the school district to provide classroom instruction during that school year.


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

ê1999 Statutes of Nevada, Page 1038 (Chapter 230, SB 46)ê

 

No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after September 15 of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

    3.  In determining the salary of a teacher who is employed by a school district after having been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection [3:] 4:

    (a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; and

    (b) Give him credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a).

    [3.] 4.  This section does not:

    (a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.

    (b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.

    [4.] 5.  As used in this section, “previous teaching service” means the total of:

    (a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

    (b) His period of teaching service in his former employment.

    Sec. 3.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 231, SB 53

Senate Bill No. 53–Committee on Commerce and Labor

 

CHAPTER 231

 

AN ACT relating to the division of industrial relations of department of business and industry; specifying the information that the administrator of the division can require insurers who provide industrial insurance to provide on claims those insurers process; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 616B.018 is hereby amended to read as follows:

    616B.018  1.  The administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of an insurer available to other insurers and the fraud control unit for industrial insurance established pursuant to NRS 228.420.


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

ê1999 Statutes of Nevada, Page 1039 (Chapter 231, SB 53)ê

 

    2.  Every insurer shall provide the following information [as] if required by the administrator for establishing and maintaining the index of claims [.

    3.] :

    (a) The first name, last name, middle initial, if any, date of birth and social security number of the injured employee;

    (b) The name and tax identification number of the employer of the injured employee;

    (c) If the employer of the injured employee is a member of an association of self-insured public or private employers, the name and tax identification number of that association;

    (d) The name and tax identification number of the insurer, unless the employer of the injured employee is self-insured and this requirement would duplicate the information required pursuant to paragraph (b);

    (e) The date upon which the employer’s policy of industrial insurance that covers the claim became effective and the date upon which it will expire or must be renewed;

    (f) The number assigned to the claim by the insurer;

    (g) The date of the injury or of the sustaining of the occupational disease;

    (h) The part of the body that was injured or the occupational disease that was sustained by the injured employee;

    (i) The percentage of disability as determined by the rating physician or chiropractor;

    (j) Which part of the body was permanently impaired, if any;

    (k) What type of accident or occupational disease that is the subject of the claim;

    (l) The date, if any, that the claim was closed; and

    (m) If the claim has been closed, whether the closure was:

         (1) Automatic pursuant to the provisions of subsection 2 of NRS 616C.235; or

         (2) Pursuant to the provisions of subsection 1 of NRS 616C.235,

and what type of compensation was provided for the claim.

    3.  The administrator shall require information provided pursuant to subsection 2 to be submitted:

    (a) In a format that is consistent with nationally recognized standards for the reporting of data regarding industrial insurance; and

    (b) Electronically or in another medium approved by the administrator.

    4.  The administrator shall ensure that the requirement for an insurer to provide information pursuant to subsection 2 is administered in a fair and equal manner so that an insurer is not required to provide more or a different type of information than another insurer similarly situated.

    5.  The provisions of this section do not prevent the administrator from:

    (a) Conducting audits pursuant to the provisions of NRS 616B.003 and collecting information from such audits;

    (b) Receiving and collecting information from the reports that insurers must submit to the administrator pursuant to the provisions of NRS 616B.009;

    (c) Investigating alleged violations of the provisions of chapters 616A to 617, inclusive, of NRS; or


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ê1999 Statutes of Nevada, Page 1040 (Chapter 231, SB 53)ê

 

    (d) Enforcing the provisions of chapters 616A to 617, inclusive, of NRS.

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

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

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

    [6.] 9.  If the administrator determines that an insurer has intentionally failed to provide the information required by [this section,] subsection 2, the administrator shall impose an administrative fine of $1,000 for [each] the initial violation, [or] and a fine of [$10,000] $2,000 for a second or subsequent violation.

    10.  As used in this section, “tax identification number” means the number assigned by the Internal Revenue Service of the United States Department of the Treasury for identification.

    Sec. 2.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 232, SB 73

Senate Bill No. 73–Committee on Finance

 

CHAPTER 232

 

AN ACT relating to mental health; allowing a second evaluation requested by a client who is admitted to a mental health facility to be conducted by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 433.472 is hereby amended to read as follows:

    433.472  1.  Each client admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

    (a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual [or business] relationship with or financial interest in the facility. The evaluation must:

         (1) Include, without limitation, a recommendation of whether the client should be involuntarily committed to the facility; and

         (2) Be paid for by the client if the insurance carrier of the client refuses to pay for the evaluation.

    (b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.


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ê1999 Statutes of Nevada, Page 1041 (Chapter 232, SB 73)ê

 

    (c) To receive a list of his rights concerning involuntary commitment or treatment.

    2.  If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflicts in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the client to resolve the conflicting portions of the previous evaluations.

________

 

CHAPTER 233, SB 81

Senate Bill No. 81–Committee on Transportation

 

CHAPTER 233

 

AN ACT relating to motor vehicles; revising the circumstances under which certain fines are increased for violating a limitation of weight of a motor vehicle; requiring the director of the department of transportation to designate restricted highways which are susceptible to severe damage if traveled upon at certain times of the year in violation of such a limitation; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 484.757 is hereby amended to read as follows:

    484.757  1.  Except as otherwise provided in subsection 5, a person convicted of a violation of any limitation of weight imposed by NRS 484.739 to 484.755, inclusive, shall be punished by a fine as specified in the following table:

 

Pounds of Excess Weight                                                                  Fine

 

1 to 1,500....................................................................................................... $10

1,501 to 2,500......................................... 1 cent per pound of excess weight

2,501 to 5,000....................................... 2 cents per pound of excess weight

5,001 to 7,500....................................... 4 cents per pound of excess weight

7,501 to 10,000..................................... 6 cents per pound of excess weight

10,001 and over.................................... 8 cents per pound of excess weight

 

    2.  If the resulting fine is not a whole number of dollars, the nearest whole number above the computed amount must be imposed as the fine.

    3.  The fines provided in this section are mandatory, must be collected immediately upon a determination of guilt and must not be reduced under any circumstances by the court.

    4.  Any bail allowed must not be less than the appropriate fine provided for in this section.

    5.  A person convicted of a violation of a limitation of weight imposed by NRS 484.739 to 484.755, inclusive, shall be punished by a fine that is equal to twice the amount of the fine specified in subsection 1 if that violation occurred on or after February 1 but before May 1 [.] on a highway designated by the director of the department of transportation as restricted pursuant to section 2 of this act. This subsection does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.


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ê1999 Statutes of Nevada, Page 1042 (Chapter 233, SB 81)ê

 

offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

    Sec. 2.  Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:

    The director shall designate restricted highways which are susceptible to severe damage if traveled upon on or after February 1 but before May 1 in violation of a limitation of weight imposed by NRS 484.739 to 484.755, inclusive.

________

 

CHAPTER 234, SB 105

Senate Bill No. 105–Committee on Natural Resources

 

CHAPTER 234

 

AN ACT relating to wildlife; authorizing the board of wildlife commissioners to adopt regulations setting forth the circumstances under which a person may fish in certain lakes or ponds without a license, permit or stamp; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 502.010 is hereby amended to read as follows:

    502.010  1.  A person who hunts or traps any of the wild birds or mammals or who fishes without having first procured a license or permit to do so, as provided in this Title, is guilty of a misdemeanor, except that:

    (a) A license to hunt or fish is not required of a resident of this state who is under 12 years of age, unless required for the issuance of tags as prescribed in this Title or by the regulations of the commission.

    (b) A license to fish is not required of a nonresident of this state who is under 12 years of age, but the number of fish taken by [such a] the nonresident must not exceed 50 percent of the daily creel and possession limits as provided by law.

    (c) Except as otherwise provided in subsection 5 or 6 of NRS 202.300, it is unlawful for any child who is under 18 years of age to hunt any of the wild birds or mammals with any firearm, unless the child is accompanied at all times by his parent or guardian or is accompanied at all times by an adult person authorized by his parent or guardian to have control or custody of the child [for the purpose of hunting] to hunt if the authorized person is also licensed to hunt.

    (d) A child under 12 years of age, whether accompanied by a qualified person or not, shall not hunt big game in the State of Nevada. This section does not prohibit any child from accompanying an adult licensed to hunt.

    (e) The commission may adopt regulations setting forth [the] :

         (1) The species of wild birds or mammals which may be hunted or trapped without a license or permit [.] ; or

         (2) The circumstances under which a person may fish without a license, permit or stamp in a lake or pond that is located entirely on private property and is stocked with lawfully acquired fish.


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

ê1999 Statutes of Nevada, Page 1043 (Chapter 234, SB 105)ê

 

    (f) The commission may declare one day per year as a day upon which persons may fish without a license to do so.

    2.  This section does not apply to the protection of persons or property from unprotected wild birds or mammals on or in the immediate vicinity of home or ranch premises.

    Sec. 2.  NRS 502.326 is hereby amended to read as follows:

    502.326  1.  Except as otherwise provided in subsection 2, it is unlawful for any person to take or possess trout unless at the time he is fishing he carries on his person a state trout stamp affixed to his fishing license and validated by his signature in ink across the face of the stamp.

    2.  The provisions of subsection 1 do not apply to a person who:

    (a) Is under the age of 12; or

    (b) Is fishing [under] :

         (1) Under the authority of a valid 1-day permit to fish or during a consecutive day validly added to that permit [.] ; or

         (2) In accordance with regulations adopted by the commission pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS 502.010.

    3.  State trout stamps must be sold for a fee of $5 each by the division and by persons authorized by the division to sell hunting, fishing and trapping licenses.

    4.  The division shall determine the form of the stamps.

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

________

 

CHAPTER 235, SB 106

Senate Bill No. 106–Committee on Natural Resources

 

CHAPTER 235

 

AN ACT relating to wildlife; defining the terms “license” and “permit” for the purposes of the assessment of demerit points for wildlife convictions; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 501.1812 is hereby amended to read as follows:

    501.1812  As used in NRS 501.1812 to 501.1818, inclusive, unless the context otherwise requires:

    1.  “License” means a license or tag issued by the division for:

    (a) Recreational hunting or fishing; or

    (b) Taking fur-bearing mammals, trapping unprotected mammals or selling raw furs for profit.

    2.  “Permit” [does not include]  means a permit issued by the division [pursuant to NRS 502.390 authorizing the development or maintenance of an artificial or man-made body of water.

    2.] for recreational hunting or fishing.


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ê1999 Statutes of Nevada, Page 1044 (Chapter 235, SB 106)ê

 

    3.  “Wildlife conviction” means a conviction obtained in any court of competent jurisdiction in this state, including, without limitation, a conviction obtained upon a plea of nolo contendere or upon a forfeiture of bail not vacated in any such court, for a violation of:

    (a) A provision of this Title or any regulation adopted pursuant to this Title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or [504.300] 504.295 to 504.390, inclusive; or

    (b) A provision of the Lacey Act Amendment of 1981 (Pub. L. No. 97-79, Nov. 16, 1981), if the violation of that provision is based on a violation of a law or regulation of this state.

    Sec. 2.  NRS 501.1814 is hereby amended to read as follows:

    501.1814  1.  The commission shall establish and the division shall administer and enforce a system of assessing demerit points for wildlife convictions. The system must be uniform in its operation.

    2.  Pursuant to the schedule of demerit points established by regulation of the commission for each wildlife conviction occurring within this state affecting any holder of a [hunting, fishing or trapping] license, permit or privilege issued pursuant to this Title, the division shall assess demerit points for the 60-month period preceding a person’s most recent wildlife conviction. Sixty months after the date of the conviction, the demerit points for that conviction must be deleted from the total demerit points accumulated by that person. The date of the violation shall be deemed the date on which accumulated demerit points must be assessed. If a conviction of two or more wildlife violations committed at a single event is obtained, demerit points must be assessed for the offense having the greater number of demerit points.

    Sec. 3.  NRS 501.1816 is hereby amended to read as follows:

    501.1816  1.  If a person accumulates 6 or more demerit points, but less than 12, the division shall notify him of that fact by certified mail. If, after the division mails the notice, the person presents proof to the division that he has, after his most recent wildlife conviction, successfully completed a course of instruction in the responsibilities of hunters approved by the division, the division shall deduct 4 demerit points from his record. A person may attend a course of instruction in the responsibilities of hunters only once in 60 months for the purpose of reducing his demerit points.

    2.  If a person accumulates 12 or more demerit points before completing a course of instruction pursuant to subsection 1, the division shall suspend or revoke any [hunting, fishing or trapping] license, permit or privilege issued to him pursuant to this Title.

    3.  Not later than 60 days after the division determines that a person has accumulated 12 demerit points, the division shall notify the person by certified mail that his privileges will be suspended or revoked. Except as otherwise provided in subsection 4, the division shall suspend or revoke those privileges 30 days after it mails the notice.

    4.  Any person who receives the notice required by subsection 3 may submit to the division a written request for a hearing before the commission not later than 30 days after the receipt of the notice. If a written request for a hearing is received by the division:

    (a) The suspension or revocation of the license, permit or privilege is stayed until a determination is made by the commission after the hearing.


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

ê1999 Statutes of Nevada, Page 1045 (Chapter 235, SB 106)ê

 

    (b) The hearing must be held within 60 days after the request is received.

    5.  The periods of suspension or revocation imposed pursuant to this section must run concurrently. No license, permit or privilege may be suspended or revoked pursuant to this section for more than 3 years.

    6.  If the division suspends or revokes a license, permit or privilege pursuant to this section, the period of suspension or revocation begins 30 days after notification pursuant to subsection 3 or a determination is made by the commission pursuant to subsection 4. After a person’s license, permit or privilege is suspended or revoked pursuant to this section, all demerit points accumulated by that person must be canceled.

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

________

 

CHAPTER 236, SB 108

Senate Bill No. 108–Committee on Natural Resources

 

CHAPTER 236

 

AN ACT relating to water; revising the circumstances under which the state engineer may postpone action on an application to use water or reject an application for an interbasin transfer of ground water; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 533.370 is hereby amended to read as follows:

    533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503 , [and this section,] the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

    (a) The application is accompanied by the prescribed fees;

    (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the [district’s] efficiency of the district in its delivery or use of water; and

    (c) The applicant provides proof satisfactory to the state engineer of:

         (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

         (2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

    2.  Except as otherwise provided in subsection [5,] 6, the state engineer shall [either] approve or reject each application within 1 year after the final date for filing a protest. However:

    (a) Action [can] may be postponed by the state engineer upon written authorization to do so by the applicant or, [in case of a protested application, by both] if an application is protested, by the protestant and the applicant; and


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

ê1999 Statutes of Nevada, Page 1046 (Chapter 236, SB 108)ê

 

    (b) In areas where studies of water supplies [are being made] have been determined to be necessary by the state engineer pursuant to NRS 533.368 or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.

    3.  Except as otherwise provided in subsection [5,] 6, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the requested permit. [Where] If a previous application for a similar use of water within the same basin has been rejected on [these] those grounds, the new application may be denied without publication.

    4.  In determining whether an application for an interbasin transfer of ground water must be rejected pursuant to this section, the state engineer shall consider:

    (a) Whether the applicant has justified the need to import the water from another basin;

    (b) If the state engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

    (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

    (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

    (e) Any other factor the state engineer determines to be relevant.

    5.  If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection [6,] 7, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water [so long as] while the rejection continues in force.

    [5.] 6.  The provisions of subsections 1 [, 2 and 3] to 4, inclusive, do not apply to an application for an environmental permit.

    [6.] 7.  The provisions of subsection [4] 5 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for [such a] that use from the state land registrar.


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

ê1999 Statutes of Nevada, Page 1047 (Chapter 236, SB 108)ê

 

    8.  As used in this section, “interbasin transfer of ground water” means a transfer of ground water for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.

________

 

CHAPTER 237, SB 118

Senate Bill No. 118–Committee on Judiciary

 

CHAPTER 237

 

AN ACT relating to judgments of conviction; requiring the use of the judgment of conviction as the warrant or authority for the execution of a sentence; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 176.315 is hereby amended to read as follows:

    176.315  A judgment of imprisonment to be served in a county jail must be executed by delivering the defendant into the custody of the sheriff or other officer in charge of the county jail. A copy of the judgment [,] of conviction, duly certified by the judge or justice, is a sufficient warrant for the doing of every act necessary or proper in the due execution thereof. The officer shall, upon discharging the defendant, return such copy to the justice, with an account of his doings endorsed thereon, and must at the same time pay over to the justice all money which he may have received from the defendant in payment of the fine.

    Sec. 2.  NRS 176.325 is hereby amended to read as follows:

    176.325  [1.]  When a judgment of imprisonment to be served in the state prison has been pronounced, triplicate certified copies of the [entry thereof in the minutes,] judgment of conviction, attested by the clerk under the seal of the court, must forthwith be furnished to the officers whose duty it is to execute the judgment, as provided by NRS 176.335, and no other warrant or authority is necessary to justify or require the execution thereof, except when a judgment of death is rendered.

    [2.  The judgment of imprisonment must include:

    (a) The plea;

    (b) The verdict or finding;

    (c) The adjudication and sentence, including the date of the sentence, the minimum term and maximum term of imprisonment or the definite term of imprisonment, if one is provided by statute, the amount and terms of any fine, restitution or administrative assessment, a reference to the statute under which the defendant is sentenced and, if necessary to determine eligibility for parole, the applicable provision of the statute; and

    (d) The exact amount of credit granted for time spent in confinement before conviction, if any.]

    Sec. 3.  NRS 176.335 is hereby amended to read as follows:

    176.335  1.  If [the] a judgment is for imprisonment in the state prison, the sheriff of the county shall, on receipt of the triplicate certified copies [thereof,] of the judgment of conviction, immediately notify the director of the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.


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

ê1999 Statutes of Nevada, Page 1048 (Chapter 237, SB 118)ê

 

the department of prisons and the director shall, without delay, send some authorized person to the county where the prisoner is held for commitment to receive the prisoner.

    2.  When such an authorized person presents to the sheriff holding the prisoner his order for the delivery of the prisoner, the sheriff shall deliver to the authorized person two of the certified copies of the judgment of conviction and a copy of the report of the presentence investigation if required pursuant to NRS 176.159, and take from the person a receipt for the prisoner, and the sheriff shall make return upon his certified copy of the judgment [,] of conviction, showing his proceedings thereunder, and both that copy with the return affixed thereto and the receipt from the authorized person must be filed with the county clerk.

    3.  The term of imprisonment designated in the judgment of conviction must begin on the date of sentence of the prisoner by the court.

    4.  Upon the expiration of the term of imprisonment of the prisoner, or the termination thereof for any legal reason, the director of the department of prisons shall return one of his certified copies of the judgment of conviction to the county clerk of the county from whence it was issued, with a brief report of his proceedings thereunder endorsed thereon, and the endorsed copy must be filed with the county clerk. The return must show the cause of the termination of such imprisonment, whether by death, legal discharge or otherwise.

    Sec. 4.  NRS 176.345 is hereby amended to read as follows:

    176.345  1.  When a judgment of death has been pronounced, a certified copy of the [entry thereof in the minutes of the court] judgment of conviction must be forthwith executed and attested in triplicate by the clerk under the seal of the court. There must be attached to the triplicate copies a warrant signed by the judge, attested by the clerk, under the seal of the court, which:

    (a) Recites the fact of the conviction and judgment;

    (b) Appoints a week, the first day being Monday and the last day being Sunday, within which the judgment is to be executed, which must not be less than 60 days nor more than 90 days from the time of judgment; and

    (c) Directs the sheriff to deliver the prisoner to such authorized person as the director of the department of prisons designates to receive the prisoner, for execution. The prison must be designated in the warrant.

    2.  The original of the triplicate copies of the judgment of conviction and warrant must be filed in the office of the county clerk, and two of the triplicate copies must be immediately delivered by the clerk to the sheriff of the county. One of the triplicate copies must be delivered by the sheriff, with the prisoner, to such authorized person as the director of the department of prisons designates, and is the warrant and authority of the director for the imprisonment and execution of the prisoner, as therein provided and commanded. The director shall return his certified copy of the judgment of conviction to the county clerk of the county in which it was issued. The other triplicate copy is the warrant and authority of the sheriff to deliver the prisoner to the authorized person designated by the director. The final triplicate copy must be returned to the county clerk by the sheriff with his proceedings endorsed thereon.

________


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ê1999 Statutes of Nevada, Page 1049ê

 

 

CHAPTER 238, SB 129

Senate Bill No. 129–Committee on Taxation

 

CHAPTER 238

 

AN ACT relating to regional transportation commissions; establishing staggered terms of office for the representatives of certain regional transportation commissions; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 373.040 is hereby amended to read as follows:

    373.040  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

    (a) Two by the board.

    (b) Two by the governing body of the largest city.

    (c) One by the governing body of each additional city in the county.

    2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

    (a) If the county contains a city:

         (1) Two by the board.

         (2) One by the governing body of the largest city.

    (b) If the county contains no city, the board shall select:

         (1) Two members of the board; and

         (2) One representative of the public, who is a resident of the largest town, if any, in the county.

    3.  In Carson City, the commission must be composed of representatives selected by the board of supervisors as follows:

    (a) Two members of the board of supervisors.

    (b) One representative of the city at large.

    4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in [subsection 5,] subsections 5 and 6, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection [5,] 6, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

    5.  In counties whose population is 100,000 or more, but less than 400,000:

    (a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

    (b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.


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

ê1999 Statutes of Nevada, Page 1050 (Chapter 238, SB 129)ê

 

    6.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

    Sec. 2.  1.  The board of county commissioners of a county whose population is 100,000 or more, but less than 400,000, shall, as soon as practicable after the effective date of this act, designate one current representative of the regional transportation commission created in that county pursuant to NRS 373.030 who was selected pursuant to paragraph (a) of subsection 1 of NRS 373.040 to serve a reduced term of office as a representative of the commission. The term of office of the designated representative expires on December 31, 1999.

    2.  The governing body of the largest city in a county whose population is 100,000 or more, but less than 400,000, shall, as soon as practicable after the effective date of this act, designate one current representative of the regional transportation commission created in that county pursuant to NRS 373.030 who was selected pursuant to paragraph (b) of subsection 1 of NRS 373.040 to serve a reduced term of office as a representative of the commission. The term of office of the designated representative expires on December 31, 1999.

    3.  The successors of those designated representatives whose terms of office expire on December 31, 1999, pursuant to this section must serve for terms of 2 years in accordance with the provisions of NRS 373.040.

    4.  A designated representative whose term of office expires pursuant to this section may be selected to succeed himself.

________

 

CHAPTER 239, SB 163

Senate Bill No. 163–Committee on Human Resources and Facilities

 

CHAPTER 239

 

AN ACT relating to personal care facilities; repealing the provisions providing for the registration of homes for individual residential care; providing that such homes must become licensed to continue to operate; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 449.249 is hereby amended to read as follows:

    449.249  1.  [The board shall adopt regulations establishing a procedure for the registration by the health division of homes for individual residential care.

    2.  The health division shall register any home for individual residential care that complies with the regulations adopted pursuant to subsection 1.] A person, state or local government or agency thereof shall not operate a home for individual residential care without first obtaining a license for the home from the health division. An application for the license must be made in the manner provided in NRS 449.040.


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

ê1999 Statutes of Nevada, Page 1051 (Chapter 239, SB 163)ê

 

    2.  The state board of health shall adopt minimal standards for licensing that provide for care and sanitation to prevent the abuse, neglect or exploitation of residents of homes for individual residential care.

    Sec. 2.  NRS 449.2496 is hereby amended to read as follows:

    449.2496  1.  A person [shall not operate or maintain in this state] who operates or maintains a home for individual residential care [unless the home is registered with] without a license issued by the health division pursuant to NRS 449.249 [.

    2.  A person who commits a second or subsequent violation of subsection 1 is guilty of a misdemeanor.] is liable for a civil penalty, to be recovered by the attorney general in the name of the health division, for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000.

    2.  Unless otherwise required by federal law, the health division shall deposit civil penalties collected pursuant to this section into a separate account in the state general fund in the state treasury to be used for the protection of the health, safety, well-being and property of patients, including residents of facilities found deficient by the health division.

    3.  A person against whom a civil penalty is assessed by the court pursuant to subsection 1:

    (a) Shall move, at his own expense, all persons receiving services in the home for individual residential care to a licensed home for individual residential care.

    (b) May not apply for a license to operate a home for individual residential care until 6 months have elapsed since the penalty was assessed.

    Sec. 3.  NRS 449.700 is hereby amended to read as follows:

    449.700  1.  Every medical facility , [and] facility for the dependent and home for individual residential care must provide the services necessary to treat properly a patient in a particular case or must be able to arrange the transfer of the patient to another facility or home which can provide that care.

    2.  A patient may be transferred to another facility or home only if the patient has received an explanation of the need to transfer him and the alternatives available, unless his condition necessitates an immediate transfer to a facility for a higher level of care and he is unable to understand the explanation.

    Sec. 4.  NRS 449.705 is hereby amended to read as follows:

    449.705  1.  If a patient in a medical facility or facility for the dependent is transferred to another medical facility or facility for the dependent, a division facility or a physician licensed to practice medicine, the facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other medical facility or facility for the dependent, the division facility or the physician. The facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

    2.  If a person receiving services in a home for individual residential care is transferred to another home, the home shall forward a copy of his medical records to the other home in the manner provided in subsection 1.

    3.  As used in this section:


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

ê1999 Statutes of Nevada, Page 1052 (Chapter 239, SB 163)ê

 

    (a) “Division facility” means any unit or subunit operated by a division of the department of human resources pursuant to Title 39 of NRS.

    (b) “Medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

    Sec. 5.  NRS 449.710 is hereby amended to read as follows:

    449.710  Every patient of a medical facility , [or] facility for the dependent or home for individual residential care has the right to:

    1.  Receive information concerning any other medical or educational facility or facility for the dependent associated with the facility at which he is a patient which relates to his care.

    2.  Obtain information concerning the professional qualifications or associations of the persons who are treating him.

    3.  Receive the name of the person responsible for coordinating his care in the facility [.] or home.

    4.  Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.

    5.  Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:

    (a) Provide the information to an appropriate person responsible for the patient; and

    (b) Inform that person that he shall not disclose the information to the patient.

    6.  Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:

    (a) A description of the significant medical risks involved;

    (b) Any information on alternatives to the treatment or procedure if he requests that information;

    (c) The name of the person responsible for the procedure or treatment; and

    (d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.

    7.  Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.

    8.  Know the [facility’s] regulations of the facility or home concerning his conduct at the facility [.] or home.

    Sec. 6.  NRS 449.720 is hereby amended to read as follows:

    449.720  Every patient of a medical facility , [or] facility for the dependent or home for individual residential care has the right to:

    1.  Receive considerate and respectful care.

    2.  Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.

    3.  Refuse to participate in any medical experiments conducted at the facility.


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

ê1999 Statutes of Nevada, Page 1053 (Chapter 239, SB 163)ê

 

    4.  Retain his privacy concerning his program of medical care. Discussions of a patient’s care, consultation with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient, except as otherwise provided in NRS 108.640 and 449.705 and chapter 629 of NRS, are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.

    5.  Have any reasonable request for services reasonably satisfied by the facility or home considering its ability to do so.

    6.  Receive continuous care from the facility [.] or home. The patient must be informed:

    (a) Of his appointments for treatment and the names of the persons available at the facility or home for those treatments; and

    (b) By his physician or an authorized representative of the physician, of his need for continuing care.

    Sec. 7.  NRS 449.730 is hereby amended to read as follows:

    449.730  Every medical facility , [and] facility for the dependent and home for individual residential care shall inform each patient or his legal representative, upon his admission to the facility [,] or home, of the patient’s rights as listed in NRS 449.700, 449.710 and 449.720.

    Sec. 8.  1.  Notwithstanding the provisions of NRS 449.249, as amended by this act, and NRS 449.030, a person who is operating a Home for Individual Residential Care on July 1, 1999, which is registered with the Health Division of the Department of Human Resources pursuant to NRS 449.249, may continue to operate the Home for Individual Residential Care pursuant to the provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted pursuant thereto, as those provisions existed on July 1, 1999, until January 1, 2000, without becoming licensed as a Home for Individual Residential Care, but must either become so licensed on or before January 1, 2000, or cease operation on that date.

    2.  On or before August 1, 1999, the Health Division of the Department of Human Resources shall provide a copy of the provisions of subsection 1 to each Home for Individual Residential Care that is registered pursuant to NRS 449.249 on July 1, 1999.

    3.  The Health and Aging Services Divisions of the Department of Human Resources shall continue to perform the duties prescribed by the provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted pursuant thereto, as those provisions existed on July 1, 1999, as to each Home for Individual Residential Care which continues to operate after July 1, 1999, pursuant to subsection 1 until January 1, 2000, or the date on which there are no such remaining homes, whichever is earlier.

    Sec. 9.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 1054ê

 

CHAPTER 240, SB 179

Senate Bill No. 179–Senator McGinness

 

Joint Sponsor: Assemblyman de Braga

 

CHAPTER 240

 

AN ACT relating to aeronautics; establishing certain minimum standards for the operation of a skydiving business; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Title 44 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.

    Sec. 2.  As used in this chapter, 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.  “Association” means the United States Parachute Association or its successor organization.

    Sec. 4.  “Skydiving business” means a business that receives compensation for providing a person with:

    1.  The opportunity to jump with a parachute from an airplane, a balloon or any other vehicle used for navigation through the air; or

    2.  Training on how to jump safely from an airplane, a balloon or any other vehicle used for navigation through the air and how to land safely using a parachute.

    Sec. 5.  “Student skydiver” means a person who receives training to skydive and has not been cleared to self-jumpmaster in accordance with standards established by the association.

    Sec. 6.  The legislature hereby finds and declares that the operation of a skydiving business affects the health, safety and welfare of members of the general public and that minimum standards for the operation of such a business must, therefore, be established.

    Sec. 7.  For the purposes of sections 1 to 12, inclusive, of this act, a person who has not previously jumped with a skydiving business shall be deemed to be a student skydiver unless that person produces documented proof to the operator of the skydiving business that he has previously skydived.

    Sec. 8.  1.  The operator of a skydiving business shall:

    (a) Comply with the regulations of the Federal Aviation Administration governing skydiving;

    (b) Comply with safety requirements that are at least as stringent as the basic safety requirements of the association set forth in the “Skydiver’s Information Manual” in the form most recently published by the association, unless the director of the department of transportation posts a notice of disapproval of any amendment to those requirements pursuant to subsection 2; and


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

ê1999 Statutes of Nevada, Page 1055 (Chapter 240, SB 179)ê

 

    (c) Provide training to a student skydiver using one of the training options adopted by the association in the “Skydiver’s Information Manual” in the form most recently published by the association, unless the director of the department of transportation posts a notice of disapproval of any amendment to those training options pursuant to subsection 2.

    2.  The director of the department of transportation or a person designated by the director shall review each amendment to the basic safety requirements and training options set forth in the “Skydiver’s Information Manual” and approve or disapprove of the amendment for use in this state. If the director does not post a notice of disapproval within 30 days after such an amendment is published, the amendment shall be deemed approved for this state.

    Sec. 9.  1.  The operator of a skydiving business shall maintain on the premises of the business a safety handbook which contains the safety requirements that the operator will comply with in conducting the operations of the business.

    2.  Upon request, the operator shall provide a customer with a copy of the basic safety requirements of the association and the regulations of the Federal Aviation Administration governing skydiving. The operator shall be deemed to have complied with the provisions of this subsection if he makes available to the customer for review on the premises the safety handbook required to be maintained pursuant to subsection 1, or a copy of the handbook, which contains the basic safety requirements of the association and the regulations of the Federal Aviation Administration governing skydiving.

    Sec. 10.  The operator of a skydiving business shall post in a conspicuous location at his place of business a poster that includes the following information in a font that is easy to read:

    1.  A statement that skydiving businesses operating in this state must comply with the regulations of the Federal Aviation Administration governing skydiving and safety requirements that are at least as stringent as the basic safety requirements of the association;

    2.  A list of the equipment required to be provided to a student skydiver; and

    3.  A statement that a customer may report any alleged violation of the provisions of sections 1 to 12, inclusive, of this act to the district attorney of the county in which the alleged violation occurred or to the attorney general.

    Sec. 11.  1.  The operator of a skydiving business shall report in writing to the association an accident that results in serious injury to or the death of one of its customers.

    2.  The report must:

    (a) Be submitted to the association not later than the next business day following the date of the accident; and

    (b) Include the time and place of the accident and the circumstances relating thereto.  

    Sec. 12.  1.  The operator of a skydiving business who willfully violates any of the provisions of sections 1 to 11, inclusive, of this act is guilty of a misdemeanor.


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

ê1999 Statutes of Nevada, Page 1056 (Chapter 240, SB 179)ê

 

    2.  Any governmental entity that has issued a license to engage in business as an operator of a skydiving business to a person who is convicted of violating any of the provisions of sections 1 to 11, inclusive, of this act shall revoke that license and send notice of the revocation to the licensee by certified mail. Such a licensee may not apply to any governmental entity for a license to engage in business as an operator of a skydiving business in this state for 5 years after the revocation of his previous license.

    Sec. 13.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 

CHAPTER 241, SB 197

Senate Bill No. 197–Senators Wiener, Rawson, Townsend, Titus, Mathews, Care, Porter and Schneider

 

CHAPTER 241

 

AN ACT relating to public health; creating the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health and providing its duties; requiring the health division of the department of human resources to develop and carry out certain programs relating to the prevention and treatment of fetal alcohol syndrome; making various other changes relating to fetal alcohol syndrome; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

    Whereas, The occurrence of birth defects, mental retardation, attention deficit disorder and other genetic disorders is significantly increased in the children of women who consume alcohol during pregnancy; and

    Whereas, The incidence of fetal alcohol syndrome in this state is 2 1/2 times greater than the incidence of Down’s syndrome; and

    Whereas, The residents of this state are becoming increasingly concerned about the effects relating to fetal alcohol syndrome and its associated costs to mothers, children and society as a whole; and

    Whereas, In addition to the medical problems associated with fetal alcohol syndrome there are tremendous social costs, including increased expenditures for social services, education, the system of juvenile justice, law enforcement agencies and the prison system; and

    Whereas, There has been a significant national increase in the use of alcohol by pregnant women in the past decade; and

    Whereas, The State of Nevada has the highest percentage in the nation of women who report chronic alcohol abuse, the second highest percentage in the nation of women who report binge drinking and the highest rate in the nation of teenage pregnancy; and

    Whereas, Fetal alcohol syndrome is a lifelong condition; and

    Whereas, Fetal alcohol syndrome frequently occurs in more than one child born to the same mother and is more likely to occur in the children of a woman who has suffered from fetal alcohol syndrome; and


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

ê1999 Statutes of Nevada, Page 1057 (Chapter 241, SB 197)ê

 

    Whereas, Fetal alcohol syndrome is entirely preventable and, even if a woman has consumed alcohol during her pregnancy, preventing further consumption of alcohol may reduce the harmful consequences to her child; and

    Whereas, Because there are multiple problems associated with fetal alcohol syndrome and with parenting a child who suffers from fetal alcohol syndrome, a variety of integrated services, including health, educational and social services, are necessary to address those problems; and

    Whereas, Existing services are limited in their effectiveness in preventing and treating fetal alcohol syndrome because those services are inadequate and there is a lack of coordination among the agencies that provide those services; now, therefore,

 

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

 

    Section 1.  Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 21, inclusive, of this act.

    Secs. 2 and 3.  (Deleted by amendment.)

    Sec. 4.  As used in sections 4 to 21, inclusive, of this act, unless the context otherwise requires, “subcommittee” means the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health.

    Sec. 5.  1.  The advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health is hereby created. The subcommittee consists of 12 members, as follows:

    (a) The chairman of the advisory board shall appoint:

         (1) One member who:

             (I) Is a member of the advisory board and is a member of the state board of health; or

             (II) Is a member of the advisory board if no member of the advisory board is a member of the state board of health;

         (2) One member who is an employee of the division of child and family services;

         (3) One member who is a physician certified by the American Board of Obstetrics and Gynecology, or an equivalent organization;

         (4) One member who represents persons who operate community‑based programs for the prevention or treatment of substance abuse;

         (5) One member who is a judge of a juvenile or family court in this state;

         (6) One member who represents a statewide organization in this state for the prevention of perinatal substance abuse; and

         (7) One member who represents a national organization that provides advocacy and representation for mentally retarded persons. To the extent possible, the member appointed must be nominated by a statewide organization in this state that is affiliated with such a national organization or, if no such statewide organization exists, by a majority of the local affiliates in this state of such a national organization.


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

ê1999 Statutes of Nevada, Page 1058 (Chapter 241, SB 197)ê

 

    (b) The Nevada Hospital Association shall appoint one member who is an administrator of a hospital.

    (c) The Nevada Association of Health Plans shall appoint one member as its representative.

    (d) The dean of the University of Nevada School of Medicine shall appoint one member who is a member of the faculty of the department of pediatrics of the University of Nevada School of Medicine.

    (e) The chief of the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation shall appoint one member who is an employee of the bureau.

    (f) The superintendent of public instruction is an ex officio member of the subcommittee and may, if he wishes, designate a person to serve on the subcommittee in his place or to attend a meeting of the subcommittee in his place.

    2.  If any of the appointing entities listed in subsection 1 cease to exist, the appointments required by subsection 1 must be made by the successor in interest of the entity or, if there is no successor in interest, by the chairman of the advisory board.

    3.  The subcommittee may appoint one or more persons who have special expertise relating to fetal alcohol syndrome to assist the subcommittee in the performance of its duties.

    Sec. 6.  1.  At the first meeting of the subcommittee and each year thereafter, the subcommittee shall elect a chairman and vice chairman from among its members. If a vacancy occurs in the chairmanship or vice chairmanship, the subcommittee shall elect a member to serve the remainder of the unexpired term.

    2.  Except for the ex officio member, the term of office of each member of the subcommittee is 2 years. Each appointed member shall continue in office until his successor is appointed. An appointed member of the subcommittee may be reappointed. A vacancy in an appointed position must be filled by appointment for the unexpired term in the same manner as the original appointment.

    Sec. 7.  1.  The subcommittee shall meet at the call of the chairman as often as required to perform its duties.

    2.  A majority of the subcommittee constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any action taken by the subcommittee.

    3.  The health division shall provide necessary staff to assist the subcommittee in performing its duties.

    Sec. 8.  1.  Each member of the subcommittee serves without compensation.

    2.  While engaged in the business of the subcommittee, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses of:

    (a) A member of the subcommittee who is an officer or employee of this state or a local government thereof must be paid by the state agency or the local government of this state that employs him; and


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

ê1999 Statutes of Nevada, Page 1059 (Chapter 241, SB 197)ê

 

    (b) Any other member of the subcommittee must be paid by the health division.

    3.  Each member of the subcommittee who is an officer or employee of this state or a local government must be relieved from the duties of his employment without loss of his regular compensation so that he may perform his duties on the subcommittee in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the subcommittee to make up the time he is absent from work to fulfill his obligations as a member, and shall not require the member to take annual leave or compensatory time for the absence.

    Sec. 9.  The advisory board and the subcommittee shall:

    1.  Assist the health division in developing the program of public education that it is required to develop pursuant to section 10 of this act, including, without limitation, preparing and obtaining information relating to fetal alcohol syndrome.

    2.  Assist the University of Nevada School of Medicine in reviewing, amending and distributing the guidelines it is required to develop pursuant to section 12 of this act.

    3.  Determine, based in part upon the annual report submitted to the advisory board pursuant to section 18 of this act, the most effective methods of:

    (a) Preventing fetal alcohol syndrome; and

    (b) Collecting information relating to the incidence of fetal alcohol syndrome in this state.

    4.  Develop and promote guidelines for the prevention of the consumption of alcohol by women during pregnancy. The guidelines must be developed with the goal of increasing the use of programs for the treatment of substance abuse by women before, during and after pregnancy.

    5.  Develop with the assistance of the University of Nevada School of Medicine, model curricula relating to fetal alcohol syndrome that meet the continuing education requirements applicable to providers of health care and other services.

    6.  Promote the availability of and distribute the model curricula developed pursuant to subsection 5.

    7.  Review the statistical data reported to the health division relating to the incidence of fetal alcohol syndrome in this state.

    Sec. 10.  1.  The health division shall develop and carry out a program of public education to increase public awareness about the dangers of fetal alcohol syndrome and other adverse effects on a fetus that may result from the consumption of alcohol during pregnancy. The program must include, without limitation:

    (a) Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this state that are identified pursuant to subsection 1 of section 19 of this act as having women who are at a high risk of consuming alcohol during pregnancy.


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

ê1999 Statutes of Nevada, Page 1060 (Chapter 241, SB 197)ê

 

    (b) Providing training materials to school personnel to assist them in identifying pupils who may be suffering from fetal alcohol syndrome and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.

    (c) If a toll‑free telephone service is otherwise provided by the health division, the use of that telephone service for providing information relating to programs for the treatment of substance abuse, providers of health care or other services and other available resources, and referrals to those programs, if appropriate. The telephone number must be disclosed in the educational messages provided pursuant to this section.

    2.  The subcommittee shall periodically evaluate the program to determine its effectiveness.

    Sec. 11.  1.  The health division may apply for and accept gifts, grants and contributions from any public or private source to carry out its duties pursuant to the provisions of sections 4 to 21, inclusive, of this act.

    2.  The health division shall account separately for the money received from those gifts, grants or contributions. The administrator of the health division shall administer the account, and all claims against the account must be approved by the administrator before they are paid.

    3.  The money in the account must be used only to carry out the provisions of sections 4 to 21, inclusive, of this act.

    4.  The subcommittee may make recommendations to the administrator of the health division concerning the use of the money in the account. The administrator shall consider the recommendations of the subcommittee.

    Sec. 12.  1.  The University of Nevada School of Medicine shall develop guidelines to assist a provider of health care or other services in identifying:

    (a) Pregnant women who are at a high risk of consuming alcohol during pregnancy; and

    (b) Children who are suffering from fetal alcohol syndrome.

    2.  The subcommittee shall review, amend, adopt and distribute the guidelines developed by the University of Nevada School of Medicine pursuant to subsection 1.

    Sec. 12.5.  If a pregnant woman is referred to the health division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.

    Sec. 13.  (Deleted by amendment.)

    Sec. 14.  The division of child and family services of the department or a licensed child‑placing agency shall inquire, during its initial contact with a natural parent of a child who is to be placed for adoption, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    1.  Included in the report provided to the adopting parents of the child pursuant to NRS 127.152; and


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

ê1999 Statutes of Nevada, Page 1061 (Chapter 241, SB 197)ê

 

    2.  Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    Sec. 15.  1.  The division of child and family services of the department shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    (a) Provided to the provider of family foster care pursuant to NRS 424.038; and

    (b) Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    2.  As used in this section, “family foster home” has the meaning ascribed to it in NRS 424.013.

    Sec. 16.  An agency which provides protective services shall inquire, during its initial contact with a natural parent of a child whom a court has determined must be kept in temporary or permanent custody, about consumption of alcohol or substance abuse by the mother of the child during pregnancy. The information obtained from the inquiry must be:

    1.  Included in the report the agency is required to make pursuant to NRS 432B.540; and

    2.  Reported to the health division on a form prescribed by the health division. The report must not contain any identifying information and may be used only for statistical purposes.

    Sec. 17.  The health division shall adopt regulations necessary to carry out the provisions of sections 13 to 16, inclusive, of this act.

    Sec. 18.  1.  The subcommittee shall identify the most effective methods of:

    (a) Preventing fetal alcohol syndrome; and

    (b) Collecting information relating to the incidence of fetal alcohol syndrome in this state.

    2.  On or before a date specified by the advisory board, the subcommittee shall submit to the advisory board an annual report consisting of its findings.

    Sec. 19.  The health division shall develop and maintain a system for monitoring fetal alcohol syndrome, that may include, without limitation, a method of:

    1.  Identifying the geographical areas in this state in which women are at a high risk of consuming alcohol during pregnancy and groups of persons in this state that include such women;

    2.  Identifying and evaluating deficiencies in existing systems for delivering perinatal care; and

    3.  Collecting and analyzing data relating to systems for delivering perinatal care.

    Secs. 20 and 21.  (Deleted by amendment.)


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

ê1999 Statutes of Nevada, Page 1062 (Chapter 241, SB 197)ê

 

    Sec. 22.  NRS 442.003 is hereby amended to read as follows:

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

    1.  “Advisory board” means the advisory board on maternal and child health.

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

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

    4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

    5.  “Health division” means the health division of the department of human resources.

    6.  “Provider of health care or other services” means:

    (a) A person who has been certified as a counselor or an administrator of an alcohol and drug abuse program pursuant to chapter 458 of NRS;

    (b) A physician or a physician’s assistant who is licensed pursuant to chapter 630 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

    (c) A licensed nurse;

    (d) A licensed psychologist;

    (e) A licensed marriage and family therapist;

    (f) A licensed social worker; or

    (g) A holder of a certificate of registration as a pharmacist.

    Sec. 22.3.  NRS 442.115 is hereby amended to read as follows:

    442.115  1.  The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia.

    2.  Any physician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.

    3.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of the infant shall immediately:

    (a) Report the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

    (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

    4.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

    Sec. 22.5.  NRS 629.151 is hereby amended to read as follows:

    629.151  It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained:

    1.  By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;


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

ê1999 Statutes of Nevada, Page 1063 (Chapter 241, SB 197)ê

 

    2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

    3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

    4.  For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;

    5.  To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

    6.  Pursuant to an order of a court of competent jurisdiction.

    Sec. 22.7.  NRS 629.171 is hereby amended to read as follows:

    629.171  It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed:

    1.  To conduct a criminal investigation, an investigation concerning the death of a person , or a criminal or juvenile proceeding;

    2.  To determine the parentage or identity of a person pursuant to NRS 56.020;

    3.  To determine the paternity of a person pursuant to NRS 126.121 or 425.384;

    4.  Pursuant to an order of a court of competent jurisdiction;

    5.  By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood;

    6.  To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

    7.  To determine the presence of certain [inheritable] preventable or inheritable disorders in an infant pursuant to NRS 442.115 or a provision of federal law; or

    8.  By an agency of criminal justice pursuant to NRS 179A.075.

    Secs. 23-38.  (Deleted by amendment.)

    Sec. 38.5.  The provisions of this act must be carried out within the limits of available appropriations and other resources.

    Sec. 39.  1.  The appointment of the members to the advisory subcommittee on fetal alcohol syndrome of the advisory board on maternal and child health created pursuant to section 5 of this act must be made as soon as practicable after October 1, 1999.

    2.  The terms of the initial members of the subcommittee expire on October 1, 2001.

    Sec. 40.  1.  This section and sections 1, 3 and 17 of this act become effective upon passage and approval.

    2.  Sections 2, 4 to 16, inclusive, and 18 to 39, inclusive, of this act become effective on October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 1064ê

 

CHAPTER 242, SB 216

Senate Bill No. 216–Committee on Government Affairs

 

CHAPTER 242

 

AN ACT relating to the regulation of construction; revising provisions governing the payment of fees by public agencies to cities and counties; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 278.580 is hereby amended to read as follows:

    278.580  1.  Subject to the limitation set forth in NRS 244.368, the governing body of any city or county may adopt a building code, specifying the design, soundness and materials of structures, and may adopt rules, ordinances and regulations for the enforcement of the building code.

    2.  The governing body may also fix a reasonable schedule of fees for the issuance of building permits. A schedule of fees so fixed does not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district, except that such entities may contract with the governing body to pay such fees for the issuance of building permits, the review of plans and the inspection of construction. Except as it may agree to in such a contract, a governing body is not required to provide for the review of plans or the inspection of construction with respect to a structure of the State of Nevada, the University and Community College System of Nevada or any school district.

    3.  Notwithstanding any other provision of law, the state and its political subdivisions shall comply with all zoning regulations adopted pursuant to this chapter, except for the expansion of any activity existing on April 23, 1971.

    4.  A local governing body shall amend its building codes to permit the use of straw or other materials and technologies which conserve scarce natural resources or resources that are renewable in the construction of a structure and the use of solar energy for the heating of a structure, to the extent the local climate allows, as intended by:

    (a) The Uniform Building Code adopted by the International Conference of Building Officials in the form most recently published before March 1, 1995; and

    (b) The Model Energy Code adopted by the Council of American Building Officials in the form most recently published before March 1, 1995.

    Sec. 2.  NRS 244.3675 is hereby amended to read as follows:

    244.3675  Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the boards of county commissioners within their respective counties may:

    1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

    2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. [These] Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [and its political subdivisions.]


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

ê1999 Statutes of Nevada, Page 1065 (Chapter 242, SB 216)ê

 

do not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district.

    Sec. 3.  NRS 268.413 is hereby amended to read as follows:

    268.413  Subject to the limitations contained in NRS 244.368, 278.580, 278.582 and 444.340 to 444.430, inclusive, the city council or other governing body of an incorporated city may:

    1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

    2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. [These] Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada [and its political subdivisions.] , the University and Community College System of Nevada or any school district..

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

________

 

CHAPTER 243, SB 297

Senate Bill No. 297–Senator Titus

 

CHAPTER 243

 

AN ACT relating to crimes; prohibiting hazing at high schools, colleges and universities in this state; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person who engages in hazing is guilty of:

    (a) A misdemeanor, if no substantial bodily harm results.

    (b) A gross misdemeanor, if substantial bodily harm results.

    2.  Consent of a victim of hazing is not a valid defense to a prosecution conducted pursuant to this section.

    3.  For the purposes of this section, an activity shall be deemed to be “forced” if initiation into or affiliation with a student organization, academic association or athletic team is directly or indirectly conditioned upon participation in the activity.

    4.  As used in this section, “hazing” means an activity in which a person intentionally or recklessly endangers the physical health of another person for the purpose of initiation into or affiliation with a student organization, academic association or athletic team at a high school, college or university in this state. The term:

    (a) Includes, without limitation, any physical brutality or brutal treatment, including, without limitation, whipping, beating, branding, forced calisthenics, exposure to the elements or forced consumption of food, liquor, drugs or other substances.


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

ê1999 Statutes of Nevada, Page 1066 (Chapter 243, SB 297)ê

 

    (b) Does not include any athletic, curricular, extracurricular or quasi-military practice, conditioning or competition that is sponsored or approved by the high school, college or university.

    Sec. 2.  The amendatory provisions of this act do not apply to offenses that were committed before the effective date of this act.

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

________

 

CHAPTER 244, SB 303

Senate Bill No. 303–Committee on Finance

 

CHAPTER 244

 

AN ACT relating to state financial administration; making an appropriation to the National College of Juvenile and Family Law; requiring the transfer of money from the fund for the National College and Family Law to the state general fund; authorizing the return of the money transferred from the fund under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the National College of Juvenile and Family Law the sum of $303,600 to assist in securing public and private grants and other funding for support during the 1999-2001 biennium.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  On June 30, 1999, the state controller shall transfer the sum of $2,500,000 from the fund for the National College of Juvenile and Family Law, created by NRS 1.480, to the state general fund.

    Sec. 3.  On or after July 1, 2001, the State Board of Examiners may recommend to the Interim Finance Committee that the money transferred to the state general fund pursuant to section 2 of this act be repaid to the fund for the National College of Juvenile and Family Law if the Clerk of the State Board of Examiners finds that sufficient money exists from the appropriate revenue sources to effect the repayment. Upon approval of the Interim Finance Committee, the money may be so transferred. The money transferred pursuant to this section is hereby appropriated to the fund.

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

________

 


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

ê1999 Statutes of Nevada, Page 1067ê

 

CHAPTER 245, SB 304

Senate Bill No. 304–Committee on Finance

 

CHAPTER 245

 

AN ACT relating to state financial administration; making an appropriation to the National Judicial College; requiring the transfer of money from the fund for the National Judicial College to the state general fund; authorizing the return of the money transferred from the fund under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  1.  There is hereby appropriated from the state general fund to the National Judicial College the sum of $600,000 to assist in securing public and private grants and other funding for support during the 1999-2001 biennium.

    2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

    Sec. 2.  On June 30, 1999, the state controller shall transfer the sum of $5,000,000 from the fund for the National Judicial College, created by NRS 1.470, to the state general fund.

    Sec. 3.  On or after July 1, 2001, the State Board of Examiners may recommend to the Interim Finance Committee that the money transferred to the state general fund pursuant to section 2 of this act be repaid to the fund for the National Judicial College if the Clerk of the State Board of Examiners finds that sufficient money exists from the appropriate revenue sources to effect the repayment. Upon approval of the Interim Finance Committee, the money may be so transferred. The money transferred pursuant to this section is hereby appropriated to the fund.

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

________

 

CHAPTER 246, SB 318

Senate Bill No. 318–Committee on Taxation

 

CHAPTER 246

 

AN ACT relating to taxation; revising the provisions governing the collection of the taxes on the transfer of real property; clarifying the responsibility for payment of the taxes; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 375.010 is hereby amended to read as follows:

    375.010  The following terms, wherever used or referred to in this chapter, have the following meaning unless a different meaning clearly appears in the context:


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

ê1999 Statutes of Nevada, Page 1068 (Chapter 246, SB 318)ê

 

    1.  “Buyer” means a person or other legal entity acquiring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantee or other transferee of real property.

    2.  “Deed” means every instrument in writing, except a last will and testament, whatever its form, and by whatever name it is known in law, by which title to any estate or present interest in real property, including a water right, permit, certificate or application, is conveyed or transferred to, and vested in, another person, but does not include a lease for any term of years or an easement.

    [2.] 3.  “Escrow” means the delivery of a deed by the seller into the hands of a third person, including an attorney, title company, real estate broker or other person engaged in the business of administering escrows for compensation, to be held by the third person until the happening of a contingency or performance of a condition, and then to be delivered by the third person to the buyer.

    4.  “Seller” means a person or other legal entity transferring title to any estate or present interest in real property in this state by deed, including, without limitation, a grantor or other transferor of real property.

    5.  “Value” means:

    (a) In the case of any deed not a gift, the amount of the full, actual consideration paid or to be paid for the real property, excluding the amount of any lien or liens assumed.

    (b) In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the real property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.

    Sec. 2.  NRS 375.030 is hereby amended to read as follows:

    375.030  1.  If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 and, if applicable, NRS 375.025, is offered for recordation, the county recorder shall compute the amount of the tax due and shall collect that amount before acceptance of the deed for recordation.

    2.  The buyer and seller are jointly and severally liable for the payment of the taxes imposed by NRS 375.020 and 375.025 and any penalties and interest imposed pursuant to subsection 3. The escrow holder is not liable for the payment of the taxes imposed by NRS 375.020 and 375.025 or any penalties or interest imposed pursuant to subsection 3.

    3.  If after recordation of the deed, the county recorder disallows an exemption that was claimed at the time the deed was recorded or through audit or otherwise determines that an additional amount of tax is due, the county recorder shall promptly notify the buyer or seller, or both, of the additional amount of tax due. In addition to the additional amount determined to be due, the county recorder shall impose a penalty of 10 percent of the additional amount due in addition to interest at the rate of 1 1/2 percent per month, or portion thereof, of the additional amount due calculated from the date of the original recordation of the deed on which the additional amount is due through the date on which the additional amount due, penalty and interest are paid to the county recorder.


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

ê1999 Statutes of Nevada, Page 1069 (Chapter 246, SB 318)ê

 

    4.  This section does not prohibit a buyer and seller from agreeing by contract or otherwise that one party or the other will be responsible for the payment of the tax due pursuant to this chapter, but such an agreement does not affect the ability of the county recorder to collect the tax and any penalties and interest from either the buyer or the seller.

    Sec. 3.  This act becomes effective upon passage and approval for the purpose of adopting regulations by the department of taxation that are necessary to carry out the provisions of this act and on October 1, 1999, for all other purposes.

________

 

CHAPTER 247, SB 330

Senate Bill No. 330–Senator Rhoads

 

CHAPTER 247

 

AN ACT relating to diseased animals; requiring the state quarantine officer to maintain confidentiality of certain notices regarding diseased animals under certain circumstances; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 571.160 is hereby amended to read as follows:

    571.160  Whenever any livestock becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations adopted by the state quarantine officer, the owner or agent in charge, an inspector of the division or any practicing veterinarian shall immediately notify the state quarantine officer. A notification of disease received pursuant to this section must be kept confidential unless:

    1.  The reported disease is specifically regulated pursuant to NRS 571.130 for mandatory control and eradication to protect the public health, other livestock or wildlife; or

    2.  The state quarantine officer determines that a public health emergency exists.

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

________

 


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

ê1999 Statutes of Nevada, Page 1070ê

 

CHAPTER 248, SB 343

Senate Bill No. 343–Committee on Natural Resources

 

CHAPTER 248

 

AN ACT relating to vessels; revising the provisions governing the payment of storage fees for certain vessels stored to preserve evidence of the commission of a crime; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 488.910 is hereby amended to read as follows:

    488.910  1.  If a peace officer has probable cause to believe that a vessel or its contents contain evidence tending to show that a criminal offense has been committed or that a particular person has committed an offense, the officer may take whatever steps are reasonable to ensure the preservation of [such] the evidence including safe storage of the vessel or its contents.

    2.  If a criminal conviction is obtained as a result of an action taken pursuant to subsection 1, the person convicted shall pay any storage fees incurred pursuant to that subsection. If a conviction is not obtained, the [division of wildlife of the state department of conservation and natural resources] law enforcement agency that seized the vessel pursuant to subsection 1 shall pay those fees.

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

________

 

CHAPTER 249, SB 371

Senate Bill No. 371–Senators Titus and Raggio

 

Joint Sponsor: Assemblyman Dini

 

CHAPTER 249

 

AN ACT relating to the University and Community College System of Nevada; authorizing the construction and equipment of a building for the Desert Research Institute; authorizing the issuance of securities to pay for part of the cost of the building; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 14, inclusive, of this act, have the meanings ascribed to them in those sections.

    Sec. 2.  “Acquisition” includes the opening, laying out, securing, establishment, installation, construction or reconstruction, or the purchase, lease, gift, grant, endowment, bequest, devise, transfer, assignment, option to purchase, other contract or other acquisition, or any combination thereof, from the Federal Government, this state or any person, or any combination thereof, of any property pertaining to the project, or an interest therein.


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

ê1999 Statutes of Nevada, Page 1071 (Chapter 249, SB 371)ê

 

    Sec. 3.  “Board” means the board of regents of the University of Nevada.

    Sec. 4.  “Cost of the project” means all or any part designated by the board of the cost of the project, or interest therein, which cost at the option of the board may include all or any part of the incidental costs pertaining to the project, including, without limitation:

    1.  Preliminary expenses advanced by the university or the board from any money available therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the board, or any combination thereof;

    2.  The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;

    3.  The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;

    4.  The costs of appraising and printing, and estimates, advice and services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;

    5.  The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the filing or recordation of instruments, the taking of options, the insurance of bonds and other securities, and bank fees and expenses;

    6.  The costs of contingencies;

    7.  The costs of the capitalization with proceeds of bonds or other securities issued pursuant to this act of any operation and maintenance expenses pertaining to the project and of any interest on bonds or other securities for any period not exceeding the period estimated by the board to complete the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;

    8.  The costs of amending any resolutions or other instruments authorizing the issuance of securities pursuant to this act;

    9.  The costs of funding any short-term financing, construction loans and other temporary loans of not exceeding 5 years pertaining to the project and of the incidental expenses incurred in connection with those loans; and

    10.  All other expenses necessary or desirable and pertaining to the project, as estimated or otherwise ascertained by the board.

    Sec. 5.  “Equipment” means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia and other gear, or any combination thereof, pertaining to the project or any interest therein.

    Sec. 6.  “Facilities” means buildings, structures or other income-producing facilities from the operation of which or in connection with which pledged revenues for the payment of any bonds or other securities issued pursuant to this act are derived, including, without limitation, any facilities to be acquired with the proceeds of the bonds or securities issued pursuant to this act.


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

ê1999 Statutes of Nevada, Page 1072 (Chapter 249, SB 371)ê

 

    Sec. 7.  “Improvement” includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of any property pertaining to the project, or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.

    Sec. 8.  “Net pledged revenue” means pledged revenue without deduction of operation and maintenance expenses, except as otherwise provided in section 11 of this act.

    Sec. 9.  “Operation and maintenance expenses” means all reasonable and necessary current expenses of the university or the board, or both, paid or accrued, of operating, maintaining and repairing the facilities pertaining to the pledged revenue for the payment of the bonds or other securities issued pursuant to this act. The term may include at the board’s option, except as limited by contract or law, without limitation:

    1.  Legal and overhead expenses of the various university departments directly related and reasonably allocable to the administration of the facilities;

    2.  Fidelity bond and insurance premiums pertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;

    3.  The reasonable charges of any paying agent, or commercial bank, trust bank or other depository bank pertaining to any securities issued by the university or by the board or pertaining to the facilities;

    4.  Contractual services, professional services, salaries, administrative expenses, and costs of labor pertaining to the facilities;

    5.  The costs incurred by the board in the collection of all or any part of the pledged revenue, including, without limitation, revenue pertaining to the facilities;

    6.  Any costs of utility services furnished to the facilities by the university or otherwise; and

    7.  Reasonable allowances for the depreciation of furniture and equipment for the facilities.

    Sec. 10.  The term “operation and maintenance expenses” does not include:

    1.  Any allowance for depreciation, except as otherwise provided in subsection 7 of section 9 of this act;

    2.  Any costs of reconstruction, improvements, extensions or betterments;

    3.  Any accumulation of reserves for capital replacements;

    4.  Any reserves for the operation, maintenance or repair of the facilities;

    5.  Any allowance for the redemption of any bond or other security evidencing a loan or other obligation or the payment of any interest thereon;

    6.  Any liabilities incurred in the acquisition or improvement of any property comprising the project or any existing facilities, or any combination thereof; and

    7.  Any other ground of legal liability not based on contract.

    Sec. 11.  1.  “Pledged revenue” means a source of revenue arising from the gross revenue derived from or otherwise pertaining to the operation of one, all, or any combination of the facilities of the Desert Research Institute, including those relating to the project, after the deduction of the expenses of operation and maintenance of the facilities pertaining to that source or revenue.


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

ê1999 Statutes of Nevada, Page 1073 (Chapter 249, SB 371)ê

 

operation and maintenance of the facilities pertaining to that source or revenue.

    2.  The term includes:

    (a) Grants, whether or not conditional, from the Federal Government for the payment of any securities requirements; and

    (b) Net revenue derived from the operation of any facilities of the Desert Research Institute, or from any other available source, to which are extended a pledge and lien for the payment of the securities issued pursuant to this act or otherwise issued after the effective date of this act.

    Sec. 12.  “Project” means the planning, design, acquisition, improvement and equipment of a building for the Desert Research Institute in the vicinity of its existing campus in the environs of Las Vegas, Nevada, as required or desired by the university.

    Sec. 13.  “Securities” means notes, warrants, bonds, temporary bonds and interim debentures.

    Sec. 14.  “University” means the University and Community College System of Nevada.

    Sec. 15.  1.  The board may perform such acts, on behalf of and in the name of the university, as are consistent with the provisions of this act and other applicable law, to carry out the project.

    2.  To pay for the cost of the project the board may:

    (a) Issue bonds and other securities of the university:

         (1) In a total principal amount of not more than $8,600,000;

         (2) In one or more series at any time, or from time to time, as determined by the board, within 5 years after the effective date of this act; and

         (3) Consisting of special obligations of the university payable from any combination of net pledged revenue, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations;

    (b) Employ legal, fiscal and other expert services with any available money, including, without limitation, the proceeds of securities issued pursuant to this act; and

    (c) Exercise the powers provided in NRS 396.809 to 396.885, inclusive, except as otherwise provided in this act.

    3.  This act does not prohibit the board from funding, refunding or reissuing any securities of the university or the board at any time pursuant to NRS 396.809 to 396.885, inclusive.

    Sec. 16.  Upon the request of the board, the state public works board may delegate to the board any authority concerning the project that is granted to the state public works board pursuant to chapter 341 of NRS.

    Sec. 17.  The legislature intends that the provisions of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, be liberally construed to accomplish its purposes.

    Sec. 18.  If any provision of this act, or the application of this act to any person, thing or circumstance is held invalid, that invalidity does not affect any provision or application, and to this end the provisions of this act are declared to be severable.


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ê1999 Statutes of Nevada, Page 1074 (Chapter 249, SB 371)ê

 

    Sec. 19.  The provisions of this act are supplemental to and do not limit any other law of this state, except that the provisions of this act prevail over the inconsistent provisions of any other law of this state. No other law of this state concerning the issuance of securities applies to the issuance of securities pursuant to this act, except that the provisions of NRS 396.809 to 396.885, inclusive, that are consistent with this act apply as if the securities were issued pursuant to those sections.

    Sec. 20.  This act becomes effective upon passage and approval.

________

 

CHAPTER 250, SB 377

Senate Bill No. 377–Senator Porter

 

Joint Sponsor: Assemblywoman Segerblom

 

CHAPTER 250

 

AN ACT relating to state land; authorizing the state land registrar to convey certain land to Clark County; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  The state land registrar on behalf of the State of Nevada may, subject to the provisions of section 2 of this act, convey gratuitously and by quitclaim deed to Clark County all of the right, title and interest of the State of Nevada in two parcels of land located in Laughlin, Nevada, and generally described as follows:

    1.  A portion of the South Half (S 1/2) of the Southeast Quarter (SE 1/4) of Section 29, Township 32 South, Range 66 East, M.D.B. & M., in the County of Clark, State of Nevada, more particularly described as follows:

    An irregular triangular-shaped parcel with a Northwesterly boundary line being defined by the Needles Highway, PE Doc. # NR-264-00; the Eastern boundary line being defined by the West side of the Flood Channel, Case Number 95-09-922P, Revision Date 10181995, Panel Number 3993; the Southern boundary line being defined by the Southern line of Section 29, Township 32 South, Range 66 South.

    2.  A portion of the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of Section 32, Township 32 South, Range 66 East, M.D.B. & M., in the County of Clark, State of Nevada, more particularly described as follows:

    An irregular-shaped parcel with a Western boundary line being defined by the Needles Highway, PE Doc. # NR-264-00; the Northern boundary line being defined by the Northern line of Section 32, Township 32 South, Range 66 East; the Eastern boundary line being defined by the West side of the Flood Channel, Case Number 95-09-922P, Revision Date 10181995, Panel Number 3993; the Southern boundary line heading in a Northwesterly direction to reconnect with the Needles Highway, PE Doc. # NR-264-00.


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

ê1999 Statutes of Nevada, Page 1075 (Chapter 250, SB 377)ê

 

    Sec. 2.  1.  The conveyance authorized by section 1 of this act, and the descriptions set forth in subsections 1 and 2 of that section, are subject to any easement existing on the date of the conveyance, whether or not of record.

    2.  Clark County shall pay any expenses incurred by the state land registrar to carry out the provisions of this act.

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

________

 

CHAPTER 251, SB 389

Senate Bill No. 389–Senator Jacobsen

 

CHAPTER 251

 

AN ACT relating to the state fire marshal; clarifying the class of counties in which the state fire marshal may enforce certain laws and regulations and conduct certain investigations; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 477.030 is hereby amended to read as follows:

    477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

    (a) The prevention of fire.

    (b) The storage and use of combustibles, flammables and fireworks.

    (c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.

    (d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

    (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter [is limited to those counties whose population is less than 35,000,] does not extend to a county whose population is 50,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in [other] those counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.


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

ê1999 Statutes of Nevada, Page 1076 (Chapter 251, SB 389)ê

 

    2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

    3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

    4.  The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

    5.  The state fire marshal shall coordinate all activities conducted pursuant to [the Fire Research and Safety Act of 1968,] 15 U.S.C. §§ [278f and 278g,] 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.

    6.  Except as otherwise provided in subsection 10, the state fire marshal shall:

    (a) Investigate any fire which occurs in a county other than one whose population is [less than 35,000,] 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.

    (b) Investigate any fire which occurs in a county whose population is [35,000 or more,] 50,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

    (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

    (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

    (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

    7.  The state fire marshal shall put the [Uniform] National Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

    8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

    9.  The state fire marshal shall:

    (a) Assist in checking plans and specifications for construction;

    (b) Provide specialized training to local fire departments; and

    (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

    10.  In a county other than one whose population is [less than 35,000,] 50,000 or more or which has been converted into a consolidated municipality, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions.


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ê1999 Statutes of Nevada, Page 1077 (Chapter 251, SB 389)ê

 

programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.

    Sec. 2.  NRS 477.100 is hereby amended to read as follows:

    477.100  As used in NRS 477.110 to 477.170, inclusive, unless the context otherwise requires, “authority” means:

    1.  The state fire marshal in a county other than one whose population is [less than 35,000;] 50,000 or more or which has been converted into a consolidated municipality;

    2.  Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in [any other county,] a county whose population is 50,000 or more or which has been converted into a consolidated municipality, and if they are unable to agree on any question, “authority” includes the county manager or city manager, who shall cast the deciding vote on that question; or

    3.  If the board of county commissioners of a county whose population is [35,000 or more] 50,000 or more or which has been converted into a consolidated municipality, or the governing body of a city in that county , has specified a person or persons to act as the authority, that person or those persons.

    Sec. 3.  NRS 244.3673 is hereby amended to read as follows:

    244.3673  The board of county commissioners of any county whose population is [35,000 or more] 50,000 or more or which has been converted into a consolidated municipality may provide by ordinance for the investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.

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

________

 


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ê1999 Statutes of Nevada, Page 1078ê

 

CHAPTER 252, SB 501

Senate Bill No. 501–Committee on Government Affairs

 

CHAPTER 252

 

AN ACT relating to local governments; requiring certain information to be provided on a ballot question for certain elections for the approval of general obligations and increases in rates of property tax; amending the dates on which certain elections for certain increases in rates of property tax may be held; requiring the committee on local government finance to provide forms annually for ballot questions which may be used for certain elections for the approval of general obligations and increases in rates of property tax; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The committee on local government finance shall annually provide to each city clerk, county clerk and district attorney:

    (a) Forms for submitting a ballot question to the electors of a municipality for the issuance or incurrence of general obligations as provided in subsection 1 of NRS 350.020; and

    (b) Examples of past ballot questions for the issuance or incurrence of general obligations.

    2.  The city clerk, county clerk or district attorney may make these forms and examples available to the general public.

    Sec. 2.  NRS 350.020 is hereby amended to read as follows:

    350.020  1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

    2.  Such a special election may be held:

    (a) At any time , including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

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

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

    3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality.


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ê1999 Statutes of Nevada, Page 1079 (Chapter 252, SB 501)ê

 

revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 60 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

    4.  Until June 30, 2008, the board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds in such a manner. If the question is approved, the board of trustees of the school district may issue the bonds, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.085 to 350.095, inclusive.

    5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district.


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ê1999 Statutes of Nevada, Page 1080 (Chapter 252, SB 501)ê

 

district. If the amount in the reserve account falls below the amount required by this subsection:

    (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and

    (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.

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

    Sec. 3.  NRS 350.020 is hereby amended to read as follows:

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

    2.  Such a special election may be held:

    (a) At any time , including, without limitation, the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

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

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

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


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

ê1999 Statutes of Nevada, Page 1081 (Chapter 252, SB 501)ê

 

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

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

    Sec. 4.  NRS 350.022 is hereby amended to read as follows:

    350.022  1.  Whenever a municipality by ordinance or resolution, as the governing body may determine, has ordered that a proposal to issue or incur general obligations be submitted to the voters at a special election or the next [primary or] general municipal election or [primary or] general state election, the clerk shall cause notice of the election to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.

    2.  If no newspaper is printed in the municipality, publication of the notice of election must be made in a newspaper printed in the State of Nevada and having a general circulation in the municipality.

    Sec. 5.  NRS 350.024 is hereby amended to read as follows:

    350.024  1.  The ballot question for a proposal submitted to the electors of a municipality pursuant to subsection 1 of NRS 350.020 must contain the principal amount of the general obligations to be issued or incurred, the purpose of the issuance or incurrence of the general obligations and an estimate established by the governing body of:

    (a) The duration of the levy of property tax that will be used to pay the general obligations; and

    (b) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligations to be issued or incurred.

    2.  Except as otherwise provided in subsection [3,] 4, the sample ballot required to be mailed pursuant to NRS 293.565 or 293C.530 and the notice of election must contain:

    (a) The time and places of holding the election.

    (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

    (c) [The purposes for which the obligations are to be issued or incurred.

    (d) A disclosure of any:

         (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and


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

ê1999 Statutes of Nevada, Page 1082 (Chapter 252, SB 501)ê

 

         (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

    (e)] The ballot question.

    (d) The maximum amount of the obligations, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

    [(f) The maximum number of years which the obligations are to run.

    (g)] (e) An estimate of the range of property tax rates stated in dollars and cents per $100 of assessed value necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. The municipality shall, for each such date, furnish an estimate of the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

    [2.] 3.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.

    [3.] 4.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, and section 1 of this act, may be consolidated with a primary or general municipal election or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

    [4.] 5.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks next preceding the close of registration for the election.

    Sec. 6.  NRS 244A.789 is hereby amended to read as follows:

    244A.789  1.  The budget of a district for the support of public parks must comply with the provisions of NRS 354.470 to 354.626, inclusive, but need not be separately prepared and may be included within the county budget. The district is not entitled to any share of revenue from the supplemental city-county relief tax.

    2.  The governing body may submit to the registered voters of the district at a primary or general election:

    (a) A proposal to issue general obligation bonds of the district to finance the acquisition, construction, equipment and improvement of one or more park projects within the district, or outside the district if the governing body finds that the park project will benefit the residents of the district, but the amount of general obligation bonds or other securities so issued may not exceed 10 percent of the assessed valuation of the taxable property in the district. The ballot question for such a proposal must contain the principal amount of the general obligation bonds to be issued, the purpose of the issuance of the bonds and the estimate established by the governing body of:


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

ê1999 Statutes of Nevada, Page 1083 (Chapter 252, SB 501)ê

 

         (1) The duration of the levy of property tax that will be used to pay the general obligations; and

         (2) The average annual increase, if any, in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay for debt service on the general obligation bonds to be issued.

    (b) A proposal to levy a tax ad valorem pursuant to NRS 354.5982 for:

         (1) Any of the purposes described in paragraph (a);

         (2) Maintenance of public parks located within the district;

         (3) Maintenance of public parks located outside the district if the governing body finds that the parks benefit the residents of the district; or

         (4) Any combination of those purposes.

    3.  The ballot question for a proposal submitted to the registered voters pursuant to paragraph (b) of subsection 2 must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.

    4.  As used in this section, “park project” has the meaning ascribed to it in NRS 244A.039.

    [4.] 5.  If the proposal to issue bonds is approved by the voters, the county may issue bonds of the district as provided in chapter 350 of NRS.

    Sec. 7.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The committee on local government finance shall annually provide to each city clerk, county clerk and district attorney:

    (a) Forms for submitting a ballot question to the registered voters of a local government for the imposition of an additional property tax pursuant to NRS 354.5982; and

    (b) Examples of past ballot questions for the imposition of an additional property tax.

    2.  The city clerk, county clerk or district attorney may make these forms and examples available to the general public.

    Sec. 8.  NRS 354.5982 is hereby amended to read as follows:

    354.5982  1.  The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional [levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy,] property tax, and the proposal is approved by a majority of the voters voting on the question at a [primary or] general election , a general city election or a special election called for that purpose. The question submitted to the voters must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration of the levy must not exceed 30 years.


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ê1999 Statutes of Nevada, Page 1084 (Chapter 252, SB 501)ê

 

duration of the levy must not exceed 30 years. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.

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

    (a) At any time, including, without limitation, on the date of a primary city election or a primary state election, if the governing body of the local government determines, by a unanimous vote, that an emergency exists [.] ; or

    (b) On the date of a general city election.

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

    3.  To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.

    Sec. 9.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The committee on local government finance shall annually provide to each county clerk and district attorney:

    (a) Forms for submitting a ballot question to the registered voters of a county for the imposition of an additional property tax pursuant to NRS 387.3285; and

    (b) Examples of past ballot questions for the imposition of an additional property tax.

    2.  The county clerk or district attorney may make these forms and examples available to the general public.

    Sec. 10.  NRS 387.3285 is hereby amended to read as follows:

    387.3285  1.  Upon the approval of a majority of the registered voters of a county voting upon the question [,] at a general or special election, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 75 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must [include the period during which the tax will be levied. The period] contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question.


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ê1999 Statutes of Nevada, Page 1085 (Chapter 252, SB 501)ê

 

property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.

    2.  Upon the approval of a majority of the registered voters of a county voting upon the question [,] at a general or special election, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must [include the period during which the tax will be levied. The period] contain the rate of the proposed additional property tax, stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the board of trustees of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of the passage of the question. The duration may not exceed 20 years.

    3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.

    4.  A special election may be held:

    (a) At any time, including, without limitation, on the date of a primary city election or a primary state election if the board of trustees of the school district determines, by a unanimous vote, that an emergency exists; or

    (b) On the date of a general city election.

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

    Sec. 11.  NRS 387.3287 is hereby amended to read as follows:

    387.3287  1.  Except as otherwise provided in subsections 4 and 5, upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county may levy a separate tax pursuant to the provisions and subject to the limitations of [subsections 1 and 2 of] NRS 387.3285.

    2.  Money raised pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects and must be maintained in a separate budgetary account for the replacement of capital assets. All interest and income earned on the money in the account must be credited to the account. Except as otherwise provided in subsection 3, money in the account must only be expended for the renovation or replacement of depreciating capital assets of the county school district.


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

ê1999 Statutes of Nevada, Page 1086 (Chapter 252, SB 501)ê

 

    3.  Money raised pursuant to this section may be expended for the construction of new buildings for schools to accommodate community growth if the expenditure is approved by a majority of the registered voters of the county voting upon the question. An expenditure proposed pursuant to the provisions of this subsection must be submitted as a separate question to the voters on the ballot at a primary, general or special election.

    4.  The replacement value of the capital assets of a county school district must be determined by the board of trustees of the county school district before any property tax is levied pursuant to subsection 1. The replacement value may be redetermined before July 1 of each year to become effective for the purposes of this section on the first day of the next fiscal year.

    5.  The property tax authorized in subsection 1 may not be imposed or collected if the account for the replacement of capital assets contains revenue in an amount equal to or more than 30 percent of the replacement value of the capital assets of the county school district.

    Sec. 12.  NRS 543.600 is hereby amended to read as follows:

    543.600  1.  In a county whose population is 400,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections 3 and 4 is to be used to provide revenue for the support of the district. The method selected must be approved by a majority of the voters of the district voting on the question at a special, primary or general election. The ballot question submitted to the voters must contain the rate of the proposed additional property tax stated in dollars and cents per $100 assessed valuation, the purpose of the proposed additional property tax, the duration of the proposed additional property tax and an estimate established by the governing body of the increase in the amount of property taxes that an owner of a new home with a fair market value of $100,000 will pay per year as a result of passage of the question.

    2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the district.

    3.  The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.

    4.  The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.


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

ê1999 Statutes of Nevada, Page 1087 (Chapter 252, SB 501)ê

 

imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

    5.  In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.

    6.  In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.

    Sec. 13.  On or before April 1, 2000, the committee on local government finance shall provide the forms in sections 1, 4 and 6 of this act to each clerk of a local government and to each district attorney.

    Sec. 14.  NRS 387.601 is hereby repealed.

    Sec. 15.  1.  This section, section 1 and sections 3 to 14, inclusive, of this act become effective on October 1, 1999.

    2.  Section 2 of this act becomes effective at 12:02 a.m. on July 1, 2008.

    3.  Section 1 of this act expires by limitation on June 30, 2008.

________

 

CHAPTER 253, SB 526

Senate Bill No. 526–Committee on Natural Resources

 

CHAPTER 253

 

AN ACT relating to water resources; revising the provisions regarding the plan relating to water resources developed by the division of water planning of the state department of conservation and natural resources; requiring governmental agencies to consider the plan when developing and implementing policies relating to water resources; requiring the administrator of the division to submit a written report to the legislature; requiring the administrator to report to the legislative commission at certain times; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 540.041 is hereby amended to read as follows:

    540.041  1.  The administrator:

    (a) Must be selected with special reference to his training, experience, capability and interest in the field of water resource planning.

    (b) Except as otherwise provided in NRS 284.143, 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.

    (c) Shall coordinate the activities of the division.

    2.  The administrator is responsible for the administration of all provisions of law relating to the functions of the division.

    3.  The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.

    4.  The administrator shall, not later than the fifth calendar day of each regular session of the legislature, submit to the director of the legislative counsel bureau for distribution to the legislature a written report summarizing the actions of the division taken pursuant to the provisions of NRS 540.051 and 540.101 during the preceding biennium.


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

ê1999 Statutes of Nevada, Page 1088 (Chapter 253, SB 526)ê

 

    Sec. 2.  NRS 540.101 is hereby amended to read as follows:

    540.101  1.  The division shall develop a plan to provide guidance and coordination for the development, management, conservation and use of water resources within the state.

    2.  The division shall coordinate with local governments in developing the plan pursuant to subsection 1. Upon request of the division, each local government shall cooperate with and assist the division in the development of the plan.

    3.  The water plan developed pursuant to subsection 1 must include provisions designed to protect the identified needs for water for current and future development in the rural areas of the state, giving consideration to relevant factors, including, but not limited to, the economy of the affected areas and the quality of life in the affected areas.

    4.  The provisions of the plan developed pursuant to subsection 1 must not be construed to supersede, replace, amend or add to the law of the State of Nevada.

    5.  A state or local governmental agency:

    (a) Shall consider the plan developed pursuant to subsection 1 when developing or implementing its mission, programs, plans and responsibilities regarding water resources; and

    (b) Is not bound by a recommendation or provision of the plan developed pursuant to subsection 1 unless it formally adopts the recommendation or provision.

    6.  The division shall submit to the legislature for its review and consideration:

    (a) The plan developed pursuant to subsection 1; and

    (b) The recommendations regarding the plan provided to the division by the advisory board on water resources planning and development pursuant to NRS 540.111.

[The division must obtain the approval of the legislature before the plan is implemented.]

    [5.] 7.  As used in this section, “local government” means a political subdivision of this state, including, without limitation, a city, county, irrigation district, water district or water conservancy district.

    Sec. 3.  NRS 540.111 is hereby amended to read as follows:

    540.111  1.  The advisory board on water resources planning and development, consisting of 15 members appointed by the governor, is hereby created within the division.

    2.  The governor shall appoint to the advisory board:

    (a) Six members who are representatives of the governing bodies of the county with the largest population in the state and the cities in that county;

    (b) One member who is a representative of the largest water utility in the county with the largest population in the state;

    (c) Two members who are representatives of the county with the second largest population in the state and the cities in that county;

    (d) One member who is a representative of the largest water utility in the county with the second largest population in the state;

    (e) One member who is representative of the general public; and


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

ê1999 Statutes of Nevada, Page 1089 (Chapter 253, SB 526)ê

 

    (f) Four members, each of whom represents a different one of the following interests:

         (1) Farming;

         (2) Mining;

         (3) Ranching; and

         (4) Wildlife.

The governor shall make the appointments required by this subsection so that at least seven members of the advisory board are residents of the county with the largest population in the state, at least three members are residents of the county with the second largest population in the state and at least three members are residents of a county whose population is less than 100,000.

    3.  The members of the advisory board serve at the pleasure of the governor.

    4.  All vacancies on the advisory board must be filled in the same manner of appointment as the member who created the vacancy.

    5.  The members of the advisory board are entitled to receive a salary of $60 for each day’s attendance at a meeting of the advisory board and the travel and subsistence allowances provided by law for state officers and employees generally.

    6.  The advisory board shall, at its first meeting and annually thereafter, elect a chairman from among its members.

    7.  The advisory board may meet at least once in each calendar quarter and at other times upon the call of the chairman or a majority of the members.

    8.  A majority of the members of the advisory board constitutes a quorum. A quorum may exercise all of the powers and duties of the advisory board.

    9.  The advisory board shall:

    (a) Advise the administrator on matters relating to the planning and development of water resources;

    (b) Be informed on and interested in the administrative duties of the division and any legislation recommended by the division;

    (c) Advise and make recommendations through the division and the state department of conservation and natural resources to the governor and the legislature concerning policies for water planning and the development of water resources in this state;

    (d) Advise the administrator concerning the policies of the division and areas of emphasis for the planning of water resources; and

    (e) Review, and provide written recommendations to the division regarding, the plan [for the use of water resources] developed pursuant to NRS 540.101.

    Sec. 4.  The administrator of the division of water planning of the state department of conservation and natural resources shall report to the legislative commission on or before July 1, 1999, January 1, 2000, and July 1, 2000, regarding the actions of the division taken pursuant to NRS 540.101.

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

________

 


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

ê1999 Statutes of Nevada, Page 1090ê

 

CHAPTER 254, SB 528

Senate Bill No. 528–Committee on Government Affairs

 

CHAPTER 254

 

AN ACT relating to redevelopment; revising the requirements for the area that may be included in a redevelopment area; prohibiting the repeal, amendment or modification of the provisions governing redevelopment in any manner that would impair any bonds or securities issued pursuant to those provisions; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

    The faith of the state is hereby pledged that NRS 279.382 to 279.685, inclusive, any law supplemental or otherwise pertaining thereto, and any other act concerning the bonds or other securities, taxes or the pledged revenues, or any combination of such securities, such taxes and such revenues will not be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds or securities until all such bonds and securities have been discharged in full or provision for their payment and redemption has been made fully, including, without limitation, the known minimum yield from the investment or reinvestment of money pledged therefor in federal securities.

    Sec. 2.  NRS 279.384 is hereby amended to read as follows:

    279.384  As used in NRS 279.382 to 279.685, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 279.519 is hereby amended to read as follows:

    279.519  1.  A redevelopment area need not be restricted to buildings, improvements or lands which are detrimental or inimical to the public health, safety or welfare, but may consist of an area in which such conditions predominate and injuriously affect the entire area. A redevelopment area may include, in addition to blighted areas, lands, buildings or improvements which are not detrimental to the public health, safety or welfare, but whose inclusion is found necessary for the effective redevelopment of the area of which they are a part.

    2.  At least 75 percent of the area included within a redevelopment area must be improved land and may include, without limitation:

    (a) Public land upon which public buildings have been erected or improvements have been constructed.

    (b) Land on which an abandoned mine, landfill or other similar use is located and which is surrounded by or directly abuts the improved land.

    3.  The area included within a redevelopment area may be contiguous or noncontiguous.


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

ê1999 Statutes of Nevada, Page 1091 (Chapter 254, SB 528)ê

 

    [3.] 4.  The taxable property in a redevelopment area must not be included in any subsequently created redevelopment area until at least 50 years after the effective date of creation of the first redevelopment area in which the property was included.

    5.  As used in this section, “improved land” means land that contains structures which:

    (a) Are used for residential, commercial, industrial or governmental purposes; and

    (b) Have been connected to water facilities, sewer facilities or roads, or any combination thereof,

and any areas related to such structures, including, without limitation, landscaping areas, parking areas, parks and streets.

    Sec. 4.  The amendatory provisions of this act do not apply to a redevelopment plan that exists on July 1, 1999.

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

________

 

CHAPTER 255, SB 534

Senate Bill No. 534–Committee on Government Affairs

 

CHAPTER 255

 

AN ACT relating to taxation; providing for the review and adjustment of the amount allocated to certain governmental entities from the local government tax distribution account; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If the population and assessed valuation of the taxable property, except any assessed valuation attributable to the net proceeds of minerals, within a local government or special district has decreased in each of the 3 fiscal years immediately preceding the current fiscal year, the executive director shall review the amount allocated to the local government or special district from the account pursuant to NRS 360.680, to determine whether to adjust the allocation. The local government or special district may submit information to assist the executive director in making a determination. If the executive director determines that an adjustment to the allocation of the local government or special district is necessary, the executive director shall submit his findings on the matter to the committee on local government finance.

    2.  The committee on local government finance shall review the findings submitted by the executive director pursuant to subsection 1. If the committee determines that an adjustment to the amount allocated to the local government or special district pursuant to NRS 360.680 is appropriate, the committee shall submit a recommendation to the Nevada tax commission that sets forth the amount of the recommended adjustment. If the committee determines that the adjustment is not appropriate, that decision is not subject to review by the Nevada tax commission.


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

ê1999 Statutes of Nevada, Page 1092 (Chapter 255, SB 534)ê

 

appropriate, that decision is not subject to review by the Nevada tax commission.

    3.  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 adjustment recommended by the committee on local government finance to the governing body of each local government and special district that is located in the same county as the local government or special district that is subject to the recommended adjustment.

    4.  If, after the public hearing, the Nevada tax commission determines that the recommended adjustment is appropriate, it shall order the executive director to adjust the amount allocated to the local government or special district pursuant to NRS 360.680.

    Sec. 2.  NRS 360.600 is hereby amended to read as follows:

    360.600  As used in NRS 360.600 to 360.740, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 360.610 to 360.650, inclusive, and section 5 of [this act,] Assembly Bill No. 124 of this session, have the meanings ascribed to them in those sections.

________

 

CHAPTER 256, SB 535

Senate Bill No. 535–Committee on Government Affairs

 

CHAPTER 256

 

AN ACT relating to taxation; including the assessed valuation attributable to a redevelopment agency in the calculation of the assessed valuation of a local government or special district for use in the formula for distribution of the proceeds of certain taxes; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  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 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.

    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 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 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.


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

ê1999 Statutes of Nevada, Page 1093 (Chapter 256, SB 535)ê

 

and special district the base monthly allocation determined pursuant to subsection 2, he shall prorate the money in the 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 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 of change in the assessed valuation of the taxable property in the local government, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion 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 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 the taxable property in the special district, [except any] including assessed valuation attributable to a redevelopment agency but excluding the portion 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 subaccount.

The state treasurer shall remit the amount allocated to each local government or special district pursuant to this subsection.


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

ê1999 Statutes of Nevada, Page 1094 (Chapter 256, SB 535)ê

 

    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 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 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 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 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 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 account for that fiscal year.

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

    (a) Make an estimate of the receipts from each tax included in the 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 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.


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

ê1999 Statutes of Nevada, Page 1095 (Chapter 256, SB 535)ê

 

    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. 2.  NRS 354.598747 is hereby amended to read as follows:

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

         (2) If applicable, add the population and average change in the assessed valuation of the taxable property that would otherwise be allowed to the local government or special district whose functions are assumed, [except any] including the assessed valuation attributable to a redevelopment agency but excluding the portion 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 subaccount in the local government tax distribution 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. 3.  This act becomes effective on July 1, 1999.

________

 


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

ê1999 Statutes of Nevada, Page 1096ê

 

CHAPTER 257, SB 538

Senate Bill No. 538–Committee on Government Affairs

 

CHAPTER 257

 

AN ACT relating to taxation; requiring the governor to certify the population of towns for certain purposes; making various changes to the provisions governing the methods by which the assessed valuation of the taxable property of certain local governments is calculated for the purpose of distributing the proceeds of certain taxes; making various changes to the provisions governing the method by which the population of certain local governments is determined for the purpose of distributing the proceeds of certain taxes; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 360.285 is hereby amended to read as follows:

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

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

    Sec. 2.  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 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.

    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 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 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.


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

ê1999 Statutes of Nevada, Page 1097 (Chapter 257, SB 538)ê

 

    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 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] year in which the allocation is made, as projected by the department pursuant to NRS 361.390, and the 4 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 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 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 after the distribution for the month has been made, he shall:


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

ê1999 Statutes of Nevada, Page 1098 (Chapter 257, SB 538)ê

 

director determines there is money remaining in the county’s subaccount in the account 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 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 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 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 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] The percentage change calculated pursuant to paragraph (a) of subsection 4 must :

    (a) 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, 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) If a new method of determining population is established pursuant to NRS 360.283, be adjusted in a manner that will result in the percentage change being based on population determined pursuant to the new method for both the fiscal year in which the allocation is made and the fiscal year immediately preceding the year in which the allocation is made.

    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 account for that fiscal year.

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

    (a) Make an estimate of the receipts from each tax included in the 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 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.


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ê1999 Statutes of Nevada, Page 1099 (Chapter 257, SB 538)ê

 

    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. 3.  NRS 354.59813 is hereby amended to read as follows:

    354.59813  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, if the estimate of the revenue available from the supplemental city-county relief tax to the county as determined by the executive director of the department of taxation pursuant to the provisions of subsection 8 of NRS 360.690 is less than the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county, except any assessed valuation attributable to the net proceeds of minerals, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied by the governing body of a local government pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the:

    (a) Amount of revenue from supplemental city-county relief tax estimated to be received by the county pursuant to subsection 8 of NRS 360.690; and

    (b) The tax that the county would have been estimated to receive if the estimate for the total revenue available from the tax was equal to the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the county,

multiplied by the proportion determined for the local government pursuant to subparagraph (2) of paragraph (a) of subsection 4 of NRS 360.690.

    2.  Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.

    3.  As used in this section, “local government” has the meaning ascribed to it in NRS 360.640.

    Sec. 4.  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 subaccount in the local government tax distribution 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

         (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] 4 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.


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ê1999 Statutes of Nevada, Page 1100 (Chapter 257, SB 538)ê

 

    (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 subaccount in the local government tax distribution 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. 5.  Section 28 of chapter 491, Statutes of Nevada 1991, at page 1447, is hereby amended to read as follows:

     Sec. 28.  1.  A tax distribution fund must be created in the state treasury for each county that imposes or levies any tax pursuant to the provisions of sections 29 to 33, inclusive, of this act.

     2.  All interest and income earned on the money in the fund must be credited to the fund after deducting any applicable charges.

     3.  The state controller shall distribute the money in the fund monthly among the several local governments in the county that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, including the county, in the proportion which the basic ad valorem revenue of each local government bears to the total basic ad valorem revenue of all these local governments.

     4.  As used in this section, “basic ad valorem revenue” [has the meaning ascribed to it in NRS 377.057.] :

     (a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending on June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:

         (1) A county whose actual rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.


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ê1999 Statutes of Nevada, Page 1101 (Chapter 257, SB 538)ê

 

         (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

     (b) Does not include any amount of basic ad valorem revenue allowable that, before July 1, 1998, was established or changed pursuant to NRS 354.5987 and used to establish a new tax rate for the fiscal year ending on June 30, 1981, for each affected local government.

     5.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a:

     (a) Fire protection district includes property which was transferred from private ownership to public ownership, after July 1, 1986, pursuant to:

         (1) The Santini-Burton Act, Public Law 96-586; or

         (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

     (b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.

    Sec. 6.  Section 7 of chapter 475, Statutes of Nevada 1993, at page 1952, is hereby amended to read as follows:

     Sec. 7.  1.  A tax distribution fund must be created in the state treasury for each county that imposes or levies any tax pursuant to the provisions of sections 8 to 12, inclusive, of this act.

     2.  All interest and income earned on the money in the fund must be credited to the fund after deducting any applicable charges.

     3.  The state controller shall distribute the money in the fund monthly among the several local governments in the county that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, including the county, in the proportion which the basic ad valorem revenue of each local government bears to the total basic ad valorem revenue of all these local governments.

     4.  As used in this section, “basic ad valorem revenue” [has the meaning ascribed to it in NRS 377.057.] :

     (a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending on June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this subsection:

         (1) A county whose actual rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

         (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.


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ê1999 Statutes of Nevada, Page 1102 (Chapter 257, SB 538)ê

 

     (b) Does not include any amount of basic ad valorem revenue allowable that, before July 1, 1998, was established or changed pursuant to NRS 354.5987 and used to establish a new tax rate for the fiscal year ending on June 30, 1981, for each affected local government.

     5.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a:

     (a) Fire protection district includes property which was transferred from private ownership to public ownership, after July 1, 1986, pursuant to:

         (1) The Santini-Burton Act, Public Law 96-586; or

         (2) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

     (b) Local government includes property which was transferred from private ownership, after July 1, 1997, to property held in trust for an Indian tribe pursuant to the provisions of the Indian Reorganization Act, 25 U.S.C. §§ 461 et seq.

    Sec. 7.  This act becomes effective on July 1, 1999.

________

 

CHAPTER 258, SB 492

Senate Bill No. 492–Committee on Judiciary

 

CHAPTER 258

 

AN ACT relating to civil actions; revising the provisions governing an offer of judgment in a civil action; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  NRS 17.115 is hereby amended to read as follows:

    17.115  1.  At any time more than 10 days before trial, [either informally or at any pretrial conference presided over by a judge of the court in which the action is pending,] any party may serve [an offer in writing] upon one or more other parties a written offer to allow judgment to be taken in accordance with the terms and conditions [stated at that time.

    2.  If] of the offer of judgment.

    2.  Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the [judge of the court in which the action is pending] party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk. Upon receipt by the clerk:

    (a) The clerk shall enter judgment [accordingly.] according to the terms of the offer unless:

         (1) A party who is required to pay the amount of the offer requests dismissal of the claim instead of entry of the judgment; and

         (2) The party pays the amount of the offer within a reasonable time after the offer is accepted.


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ê1999 Statutes of Nevada, Page 1103 (Chapter 258, SB 492)ê

 

    (b) Regardless of whether a judgment or dismissal is entered pursuant to paragraph (a), the court shall award costs in accordance with NRS 18.110 to each party who is entitled to be paid under the terms of the offer, unless the terms of the offer preclude a separate award of costs.

Any judgment entered pursuant to this section shall be deemed a compromise settlement.

    3.  If the offer of judgment is not accepted [before trial or] pursuant to subsection 2 within 10 days after [it is made, whichever occurs first, it] the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn [, and cannot be given in evidence upon the trial

    4.  If the party to whom the] by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.

    4.  Except as otherwise provided in this section, if a party who rejects an offer of judgment [is made] fails to obtain a more favorable judgment [, he cannot recover:

    (a) Interest] , the court:

    (a) May not award to the party any costs or attorney’s fees;

    (b) May not award to the party any interest on the judgment for the period [between the time] from the date of service of the [summons and complaint and the time] offer to the date of entry of the judgment; [or

    (b) Costs or attorney’s fees,

and the court shall order him]

    (c) Shall order the party to pay [to the party who made the offer that party’s] the taxable costs incurred [from the date of filing the complaint, and may order also a] by the party who made the offer; and

    (d) May order the party to pay to the party who made the offer any or all of the following:

         (1) A reasonable sum to cover any costs [of the services of expert witnesses who are not regular employees of any party actually incurred and] incurred by the party who made the offer for each expert witness whose services were reasonably necessary [in the preparation] to prepare for and conduct the trial of the case . [for trial by the prevailing party,]

         (2) Any applicable interest on the judgment for the period from the [time] date of service of the offer to the [time] date of entry of the judgment . [and reasonable]

         (3) Reasonable attorney’s fees incurred by the party [making] who made the offer for the period from the [time] date of service of the offer [.

    5.  Any taxable costs, attorney’s fees and interest which is not derived from an interest-bearing obligation which may have been awarded must not be considered to be part of the judgment when determining whether the judgment was more favorable than the rejected offer.

    6.] to the date of entry of the judgment. If the attorney of the party [for whom the offer of judgment is] who made the offer is collecting a contingent fee , [for his services,] the amount of any attorney’s fees awarded to the party [for whom the offer is made] pursuant to this subparagraph must be deducted from that contingent fee.


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ê1999 Statutes of Nevada, Page 1104 (Chapter 258, SB 492)ê

 

    [7.  Any judgment entered pursuant to this section shall be deemed a compromise settlement.]

    5.  To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:

    (a) If the offer provided that the court would award costs, the court must compare the principal amount of the judgment with the amount of the offer, without inclusion of costs.

    (b) If the offer precluded a separate award of costs, the court must compare the principal amount of the judgment with the sum of:

         (1) The amount of the offer; and

         (2) The amount of taxable costs that the party to whom the offer was made incurred before the date of service of the offer.

    6.  Multiple parties may make a joint offer of judgment pursuant to this section.

    7.  A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:

    (a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and

    (b) The sanctions set forth in subsection 4:

         (1) Apply to each party who rejected the apportioned offer.

         (2) Do not apply to any party who accepted the apportioned offer.

    8.  If the liability of one party to another party has been determined by verdict, order or judgment, but the amount or extent of the liability of the party remains to be determined by further proceedings, the party found liable may, not later than 10 days before commencement of the proceedings to determine the amount or extent of his liability, serve upon the party to whom he is liable a written offer of judgment. An offer of judgment made pursuant to this subsection shall be deemed to have the same effect as an offer of judgment made before trial.

    9.  The sanctions set forth in subsection 4 do not apply to:

    (a) An offer of judgment made to multiple defendants unless the same person is authorized to decide whether to settle the claims against all the defendants to whom the offer is made and:

         (1) There is a single common theory of liability against all the defendants to whom the offer is made;

         (2) The liability of one or more of the defendants to whom the offer is made is entirely derivative of the liability of the remaining defendants to whom the offer is made; or

         (3) The liability of all the defendants to whom the offer is made is entirely derivative of a common act or omission by another person.

    (b) An offer of judgment made to multiple plaintiffs unless the same person is authorized to decide whether to settle the claims of all the plaintiffs to whom the offer is made and:


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

ê1999 Statutes of Nevada, Page 1105 (Chapter 258, SB 492)ê

 

         (1) There is a single common theory of liability claimed by all the plaintiffs to whom the offer is made;

         (2) The damages claimed by one or more of the plaintiffs to whom the offer is made are entirely derivative of an injury to the remaining plaintiffs to whom the offer is made; or

         (3) The damages claimed by all the plaintiffs to whom the offer is made are entirely derivative of an injury to another person.

    Sec. 2.  The amendatory provisions of this act do not apply to an offer of judgment that was made in a civil action before the effective date of this act.

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

________

 

CHAPTER 259, AB 667

Assembly Bill No. 667–Committee on Taxation

 

CHAPTER 259

 

AN ACT relating to tobacco; requiring all manufacturers of tobacco products sold in this state to participate in the settlement made between certain manufacturers and this and other states or to place money in escrow; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  1.  Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

    2.  Cigarette smoking also presents serious financial concerns for the state. Under certain health-care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

    3.  Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

    4.  It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

    5.  On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present and certain future claims against them as described therein, to pay substantial sums to the state (tied in part to their volume of sales); to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.


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ê1999 Statutes of Nevada, Page 1106 (Chapter 259, AB 667)ê

 

changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

    6.  It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.

    Sec. 2.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 3 to 18, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 18, inclusive, of this act, the words and terms defined in sections 4 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

    Sec. 5.  “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for the purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term “person” means an individual, partnership, committee, association, corporation or any other organization or group of persons.

    Sec. 6.  “Allocable share” has the meaning ascribed to it in section II(f) of the Master Settlement Agreement.

    Sec. 7.  “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

    1.  Any roll of tobacco wrapped in paper or in any other substance not containing tobacco;

    2.  Tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or

    3.  Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection 1.

The term includes “roll-your-own” tobacco, that is, any tobacco which because of its appearance, type, packaging or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. For the purposes of this section, 0.09 ounces of “roll-your-own” tobacco constitutes one individual cigarette.


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ê1999 Statutes of Nevada, Page 1107 (Chapter 259, AB 667)ê

 

    Sec. 8.  “Manufacturer of tobacco products” means an entity that, after the effective date of this act, directly, and not exclusively through an affiliate:

    1.  Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsection II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

    2.  Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

    3.  Becomes a successor of an entity described in subsection 1 or 2.

The term does not include an affiliate of a manufacturer of tobacco products unless the affiliate itself is an entity described in subsection 1, 2 or 3.

    Sec. 9.  “Master Settlement Agreement” means the settlement agreement, and related documents, entered into on November 23, 1998, by this state and leading United States manufacturers of tobacco products.

    Sec. 10.  “Participating manufacturer” has the meaning ascribed to it in section II(jj) of the Master Settlement Agreement.

    Sec. 11.  “Qualified escrow fund” means an escrow arrangement with a federally or state-chartered financial institution, that has no affiliation with any manufacturer of tobacco products and has assets of at least $1 billion where the arrangement requires the financial institution to hold the principal of the amount deposited in escrow for the benefit of releasing parties and prohibits the manufacturer of tobacco products which deposits the money from using, having access to or directing the use of the principal of the amount deposited except as permitted under section 17 of this act.

    Sec. 12.  “Released claims” has the meaning ascribed to it in section II(nn) of the Master Settlement Agreement.

    Sec. 13.  “Releasing parties” has the meaning ascribed to it in section II(pp) of the Master Settlement Agreement.

    Sec. 14.  “Units sold” means, with respect to a particular manufacturer of tobacco products for a particular year, the number of individual cigarettes sold in this state by the manufacturer directly or through a distributor, retailer or similar intermediary or intermediaries during that year, as measured by excise taxes collected by the state on packs, or containers of “roll-your-own” tobacco, bearing the excise stamp of this state.

    Sec. 15.  The department of taxation shall adopt such regulations as are necessary to ascertain the amount of excise tax collected by the state on the cigarettes of each manufacturer of tobacco products for each year.


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ê1999 Statutes of Nevada, Page 1108 (Chapter 259, AB 667)ê

 

    Sec. 16.  A manufacturer of tobacco products that sells cigarettes to consumers in this state, directly or through a distributor, retailer or similar intermediary or intermediaries, after the effective date of this act shall do one of the following:

    1.  Become a participating manufacturer and generally perform its financial obligations under the Master Settlement Agreement; or

    2.  Deposit into a qualified escrow fund, on or before April 15 of the year following the year in question, the following amounts as such amounts are adjusted for inflation:

    (a) For the year 1999, $0.0094241 for each unit sold after the effective date of this act;

    (b) For the year 2000, $0.0104712 for each unit sold;

    (c) For each of the years 2001 and 2002, $0.0136125 for each unit sold;

    (d) For each of the years 2003 through 2006, $0.0167539 for each unit sold; and

    (e) For each of the year 2007 and each year thereafter, $0.0188482 for each unit sold.

    Sec. 17.  A manufacturer of tobacco products that deposits money into escrow pursuant to subsection 2 of section 16 of this act shall receive the interest or other appreciation on the deposit as earned. The principal of the deposit may be released from escrow only under the following circumstances:

    1.  To pay a judgment or settlement on a released claim brought against that manufacturer by this state or by a releasing party located or residing in this state. Money may be released from escrow under this subsection only in the order in which it was deposited into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement.

    2.  To the extent that the manufacturer establishes that the amount it was required to deposit into escrow in a particular year was greater than this state’s allocable share of the total payments that the manufacturer would have been required to make in that year under the Master Settlement Agreement if the manufacturer had been a participating manufacturer, as such payments are determined pursuant to section IX(i)(2) of that agreement and before any of the adjustments or offsets described in section IX(i)(3) of that agreement other than the inflation adjustment, the excess must be released from escrow and revert to the manufacturer.

    3.  To the extent not released from escrow under subsection 1 or 2, deposits must be released from escrow and revert to the manufacturer 25 years after the date on which they were deposited.

    Sec. 18.  1.  A manufacturer of tobacco products that elects to deposit money into escrow pursuant to subsection 2 of section 16 of this act shall annually certify to the attorney general that it is in compliance with that subsection and with section 17 of this act. If the attorney general does not receive the annual certification, he shall mail a notice to the manufacturer. The attorney general may maintain a civil action on behalf of this state against any manufacturer of tobacco products which fails to deposit into escrow the amount required by section 16 of this act.


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

ê1999 Statutes of Nevada, Page 1109 (Chapter 259, AB 667)ê

 

    2.  A manufacturer of tobacco products that fails in any year to place into escrow the money required under section 16 of this act shall:

    (a) Be required within 15 days to place such money into escrow as shall bring it into compliance with section 16 of this act. The court, upon a finding of a violation of subsection 2 of section 16 or section 17 of this act, may impose a civil penalty to be paid to the state general fund in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow.

    (b) In the case of a knowing violation, be required within 15 days to place such money into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of subsection 2 of section 16 or section 17 of this act, may impose a civil penalty to be paid to the state general fund in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow.

    (c) In the case of a second knowing violation, shall be prohibited from selling cigarettes to consumers in this state, directly or through a distributor, retailer or similar intermediary, for a period to be fixed by the court not to exceed 2 years.

    3.  Each failure to make an annual deposit required by section 16 of this act constitutes a separate violation.

    Sec. 19.  This act becomes effective upon passage and approval.

________

 

CHAPTER 260, AB 678

Assembly Bill No. 678–Committee on Transportation

 

CHAPTER 260

 

AN ACT relating to the department of motor vehicles and public safety; authorizing the use of digital images on drivers’ licenses and identification cards; and providing other matters properly relating thereto.

 

[Approved May 24, 1999]

 

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

 

    Section 1.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Photograph” includes a digital image created by a computer or digital camera.

    Sec. 2.  NRS 483.020 is hereby amended to read as follows:

    483.020  As used in NRS 483.010 to 483.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.025 to 483.190, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.


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ê1999 Statutes of Nevada, Page 1110 (Chapter 260, AB 678)ê

 

    Sec. 3.  NRS 483.347 is hereby amended to read as follows:

    483.347  1.  Except as otherwise provided in subsection 2, the department shall issue a driver’s license which [:

    (a) Bears] bears a front view colored photograph of the licensee if he is 21 years of age or older, or a profile view colored photograph if he is under 21 years of age . [; and

    (b) May be obtained immediately by any applicant upon qualifying therefor, unless the applicant’s current driving record is not immediately available at the issuing office.]

    2.  The department may issue a temporary driver’s license without a photograph of the licensee if the licensee is temporarily absent from this state and requests the renewal of, the issuance of a duplicate of, or a change in the information on, his driver’s license. If the licensee returns to this state for 14 continuous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license which bears his photograph in accordance with subsection 1. [However, a] A licensee charged with violating the provisions of this subsection may not be convicted if he surrenders the temporary license, obtains a license which bears his photograph in accordance with subsection 1 and produces that license in court or in the office of the arresting officer.

    3.  The department shall:

    (a) Establish a uniform procedure for the production of [driver’s] drivers’ licenses, applicable to renewal as well as to original licenses.

    (b) Increase the fees provided in NRS 483.410, 483.820 and 483.910 by an amount up to $1. The increase must be deposited in the state treasury for credit to the motor vehicle fund and must be allocated to the department to defray the increased costs of [license production] producing drivers’ licenses required by this section.

    Sec. 4.  NRS 483.820 is hereby amended to read as follows:

    483.820  1.  A person who applies for an identification card in accordance with the provisions of NRS 483.810 to 483.890, inclusive, is entitled to receive an identification card if he is:

    (a) A resident of this state and is 10 years of age or older and does not hold a valid driver’s license or identification card from any state or jurisdiction; or

    (b) A seasonal resident who does not hold a valid Nevada driver’s license.

    2.  The department shall charge and collect the following fees for the issuance of an original, duplicate [and] or changed identification card:

 

An original or duplicate identification card issued to a person 65 years of age or older

$4

An original or duplicate identification card issued to a person under 18 years of age

3

An original or duplicate identification card issued to any other person

9

A new photograph or change of name, or both

4

 

 

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