Link to Page 2386

 

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ê1999 Statutes of Nevada, Page 2387 (Chapter 468, AB 347)ê

 

     3.  An abandonment or plugging of a well pursuant to an agreement entered into pursuant to subsection 1 must be conducted in a manner approved by the State Engineer.

     4.  As used in this section, “public water system” has the meaning ascribed to it in NRS 445A.840.

     Sec. 14.5.  The Southern Nevada Water Authority may, in consultation with the advisory committee, operate a project for the recharge and recovery or underground storage and recovery of water pursuant to chapter 534 of NRS for the benefit of owners of wells in the basin.

    Sec. 2.  Section 1 of chapter 572, Statutes of Nevada 1997, at page 2799, is hereby amended to read as follows:

     Section 1.  As used in sections 2 to 16, inclusive, and sections 14.3 and 14.5 of this act, unless the context otherwise requires, the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 3.  Section 13 of chapter 572, Statutes of Nevada 1997, at page 2802, is hereby amended to read as follows:

     Sec. 13.  1.  The Southern Nevada Water Authority may establish and collect each calendar year a fee to be assessed on users of ground water in the basin. Money raised from the fees must be used as provided in section 14 of this act.

     2.  Except as otherwise provided in this section:

     (a) Users of ground water, other than owners of domestic wells, may be assessed a fee each calendar year of not more than [$10] $13 per acre-foot, or its equivalent, of ground water in the basin to which they have a water right in that year.

     (b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than [$10.] $13.

     3.  Except as otherwise provided in subsections 4 and 5, if the Southern Nevada Water Authority operates a project for the recharge and recovery or underground storage and recovery of water pursuant to section 14.5 of this act:

     (a) Users of ground water, other than owners of domestic wells, may be assessed a fee each calendar year of not more than $30 per acre-foot, or its equivalent, of ground water in the basin to which they have a water right in that year.

     (b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than $30.

     4.  The maximum fees specified in [subsection] subsections 2 and 3 may be adjusted once each year for inflation. The maximum amount of the adjustment must be determined by multiplying the respective amounts of the fees by the percentage of inflation, if any. The Consumer Price Index published by the United States Department of Labor for July preceding the year for which the adjustment is made must be used in determining the percentage of inflation.

   [4.] 5.  The maximum fees may be increased by an amount [which] that is greater than the amount of the adjustment for inflation as calculated pursuant to subsection [3] 4 only if [:


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ê1999 Statutes of Nevada, Page 2388 (Chapter 468, AB 347)ê

 

   (a) A majority of all of the voting members of the advisory committee recommends the change;

   (b) The board of directors approves the recommendation; and

     (c) The] the increase is approved by the Legislature.

     [5.] 6.  As used in this section, “water right” means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit, certificate, decree or claim of vested right.

    Sec. 4.  Section 14 of chapter 572, Statutes of Nevada 1997, at page 2802, is hereby amended to read as follows:

     Sec. 14.  Money collected pursuant to section 13 of this act must be used to:

     1.  Develop and distribute information promoting education and the conservation of ground water in the basin.

     2.  Perform such comprehensive inventories of wells of all types located within the basin as may be needed. Such inventories must be done in conjunction with the State Engineer.

     3.  Prepare, for use by the advisory committee, such cost-benefit analyses relating to the recharge and recovery or underground storage and recovery of [the ground] water in the basin as may be needed.

     4.  Develop recommendations for additional activities for the management of the basin and the protection of the aquifer in which the basin is located [.] , and to conduct such activities if the activities have been approved by the board of directors.

   5.  Develop and implement a program to provide financial assistance to owners of real property served by:

   (a) Domestic wells; or

   (b) Wells that are operated pursuant to temporary permits,

in existence before October 1, 1999, who are required by the state engineer to connect the real property to a public water system.

     6.  Perform such other duties as are necessary for the Southern Nevada Water Authority and the advisory committee to carry out the provisions of this act . [related to the management program.]

    Sec. 5.  Section 20 of chapter 572, Statutes of Nevada 1997, at page 2803, is hereby amended to read as follows:

     Sec. 20.  [1.]  This act becomes effective upon passage and approval.

     [2.  If the Advisory Committee for the Management of Ground Water in the Las Vegas Valley Ground Water Basin pursuant to section 18 of this act includes in the joint report to the 70th session of the Nevada Legislature the advisory committee’s recommendation that the management program be terminated, this act expires by limitation 90 days after the date on which the report is submitted to the Director of the Legislative Counsel Bureau pursuant to section 12 of this act.]

    Sec. 6.  Section 18 of chapter 572, Statutes of Nevada 1997, at page 2803, is hereby repealed.


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ê1999 Statutes of Nevada, Page 2389 (Chapter 468, AB 347)ê

 

    Sec. 7.  The amendatory provisions of subsection 3 of section 13 of chapter 572, Statutes of Nevada 1997, as amended by this act, do not apply to a state agency in the Las Vegas Valley Ground Water Basin until July 1, 2001.

    Sec. 8.  This act becomes effective upon passage and approval.

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CHAPTER 469, AB 346

Assembly Bill No. 346–Committee on Ways and Means

 

CHAPTER 469

 

AN ACT making an appropriation to the Motor Pool Division of the Department of Administration for the purchase of additional vehicles; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  There is hereby appropriated from the state general fund to the Motor Pool Division of the Department of Administration the sum of $816,788 for the purchase of additional vehicles.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.

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

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CHAPTER 470, AB 321

Assembly Bill No. 321–Committee on Ways and Means

 

CHAPTER 470

 

AN ACT making an appropriation to the legislative fund for additional equipment and software for information systems for the Legislative Counsel Bureau; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  There is hereby appropriated from the state general fund to the legislative fund created by NRS 218.085 the sum of $874,000 for additional equipment and software for information systems for the Legislative Counsel Bureau.

    Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act 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. 3.  This act becomes effective upon passage and approval.

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ê1999 Statutes of Nevada, Page 2390ê

 

CHAPTER 471, AB 298

Assembly Bill No. 298–Committee on Government Affairs

 

CHAPTER 471

 

AN ACT relating to public works projects; requiring the adoption of criteria for the qualification of bidders on certain contracts for public works; making an exemption for local governments and the department of transportation in certain circumstances; requiring a person to qualify before bidding on such contracts in certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 338 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

    Sec. 2.  1.  A local government shall award a contract for the construction, alteration or repair of a public work pursuant to the provisions of:

    (a) Sections 3 to 11, inclusive, of this act; or

    (b) NRS 338.143, 338.145 and 338.147.

    2.  The provisions of sections 3 to 11, inclusive, of this act and NRS 338.143, 338.145 and 338.147 do not apply with respect to contracts for the construction, reconstruction, improvement and maintenance of highways that are awarded by the department of transportation pursuant to NRS 408.313 to 408.433, inclusive.

    Sec. 3.  1.  Except as otherwise provided in section 6 of this act, a public body shall not accept a bid on a contract for a public work unless the person who submits the bid has qualified pursuant to section 5 of this act to bid on that contract.

    2.  The governing body of each local government that sponsors or finances a public work may adopt criteria for the qualification of bidders on contracts for public works of the local government. If a governing body adopts criteria pursuant to this subsection, the governing body shall use the criteria to determine the qualification of bidders on contracts for public works of the local government.

    3.  The state public works board shall adopt criteria for the qualification of bidders on contracts for public works of this state. The criteria adopted by the state public works board pursuant to this subsection must be used by the state public works board to determine the qualification of bidders on contracts for public works of this state.

    4.  Before adopting criteria pursuant to this section, the state public works board or a governing body shall hold at least one public hearing to solicit and evaluate public opinion regarding the criteria to be adopted. Notice of such a hearing must be provided by mail at least 10 days before the hearing to:

    (a) Construction trade associations; and

    (b) Labor unions representing trades in the building industry.

    Sec. 4.  The criteria adopted by the state public works board or a governing body pursuant to section 3 of this act to determine whether an applicant is qualified to bid on a contract for a public work:


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ê1999 Statutes of Nevada, Page 2391 (Chapter 471, AB 298)ê

 

    1.  Must be adopted in such a form that the determination of whether an applicant is qualified to bid on a contract for a public work does not require or allow the exercise of discretion by any one person.

    2.  May include only:

    (a) The financial ability of the applicant to perform the contract;

    (b) The principal personnel of the applicant;

    (c) Whether the applicant has breached any contracts with a public agency or person in this state or any other state; and

    (d) Whether the applicant has been disqualified from being awarded the contract pursuant to NRS 338.017 or 338.145.

    Sec. 5.  1.  Except as otherwise provided in section 6 of this act, a person who wishes to qualify as a bidder on a contract for a public work must submit an application to the state public works board or the governing body.

    2.  Upon receipt of an application pursuant to subsection 1, the state public works board or the governing body shall:

    (a) Investigate the applicant to determine whether he is qualified to bid on the contract; and

    (b) After conducting the investigation, determine whether the applicant is qualified to bid on the contract. The determination must be made within 30 days after receipt of the application.

    3.  The state public works board or the governing body shall notify each applicant in writing of its determination. If an application is denied, the notice must set forth the reasons for the denial and inform the applicant of his right to a hearing pursuant to section 7 of this act.

    4.  The state public works board or the governing body shall not use any criteria other than the criteria described in section 4 of this act in determining whether to approve or deny an application.

    5.  Financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to the state public works board or a governing body to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

    Sec. 6.  A public body may accept a bid on a contract for a public work from a person who does not qualify pursuant to section 5 of this act if the person holds:

    1.  An unlimited contractor’s license issued by the state contractors’ board in the branch of general engineering contracting or general building contracting, or in both branches, and:

    (a) At the time he submits his bid, he provides a bid bond equal to 10 percent of the amount of the bid; and

    (b) At the time the contract is awarded, he provides a performance bond, a labor and material bond, and a guaranty bond, each equal to 100 percent of the amount of the contract; or

    2.  A contractor’s license issued by the state contractors’ board that is designated in any classification if he:

    (a) Has, in the 5 years immediately preceding the submission of the bid, been found to be a responsible contractor in the classification in which his contractor’s license is designated;


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ê1999 Statutes of Nevada, Page 2392 (Chapter 471, AB 298)ê

 

    (b) Provides a bid bond, a performance bond, a guaranty bond, and a labor and material bond in such amounts as the state public works board or governing body may require; and

    (c) Employs a person determined by the state contractors’ board to be qualified to supervise each classification of construction upon which the person submitting the bid is bidding.

    Sec. 7.  1.  If, within 10 days after receipt of the notice denying his application, the applicant files a written request for a hearing with the state public works board or the governing body of the local government, the board or governing body shall set the matter for a hearing within 10 days after receipt of the request. The hearing must be held not later than 20 days after the receipt of the request for a hearing.

    2.  The hearing must be held at a time and place prescribed by the board or governing body. At least 10 days before the date set for the hearing, the board or governing body shall serve the applicant with written notice of the hearing. The notice may be served by personal delivery to the applicant or by certified mail to the last known business or residential address of the applicant.

    3.  The board or governing body shall issue a decision on the matter within 5 days after the hearing and notify the applicant, in writing, of its decision within 5 days after it is issued. The decision of the board or governing body is a final decision for purposes of judicial review.

    Sec. 8.  1.  Except as otherwise provided in subsection 7 and NRS 338.1906 and 338.1907, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:

    (a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

    3.  Each advertisement for bids must include a provision that sets forth:

    (a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and


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ê1999 Statutes of Nevada, Page 2393 (Chapter 471, AB 298)ê

 

    (b) The period during which an application to qualify as a bidder on the contract must be submitted.

    4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    5.  Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;

    (b) The bidder is not responsive;

    (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (d) The public interest would be served by such a rejection.

    6.  Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

    (a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.

    7.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district; or

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

    Sec. 9.  1.  Except as otherwise provided in subsection 7, this state, or a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (a) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents the state or the local government, shall not:


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ê1999 Statutes of Nevada, Page 2394 (Chapter 471, AB 298)ê

 

    (a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

    3.  Each advertisement for bids must include a provision that sets forth:

    (a) The requirement that a contractor must be qualified pursuant to section 5 of this act to bid on the contract or must be exempt from meeting such qualifications pursuant to section 6 of this act; and

    (b) The period during which an application to qualify as a bidder on the contract must be submitted.

    4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    5.  Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not a qualified bidder pursuant to section 5 of this act, unless the bidder is exempt from meeting such qualifications pursuant to section 6 of this act;

    (b) The bidder is not responsive or responsible;

    (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (d) The public interest would be served by such a rejection.

    6.  Before the state or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

    (a) A list of all persons, including supervisors, whom the state or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the state or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;


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ê1999 Statutes of Nevada, Page 2395 (Chapter 471, AB 298)ê

 

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the state or the local government expects to save by rejecting the bids and performing the project itself.

    7.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district; or

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

    Sec. 10.  1.  A public body awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.

    2.  If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive bidder who was determined by the public body to be a qualified bidder pursuant to section 5 of this act or was exempt from meeting such qualifications pursuant to section 6 of this act without requiring that new bids be submitted.

    Sec. 11.  1.  A public body shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 4 or limited by subsection 5, for the purposes of this section, a contractor who:

    (a) Has been determined by the public body to be a qualified bidder pursuant to section 5 of this act or is exempt from meeting such qualifications pursuant to section 6 of this act; and

    (b) At the time he submits his bid, provides to the public body proof of the payment of:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid;

         (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid; or

         (3) Any combination of those sales and use taxes and motor vehicle privilege tax,shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.


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ê1999 Statutes of Nevada, Page 2396 (Chapter 471, AB 298)ê

 

shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  A contractor who has previously provided the public body awarding a contract with the proof of payment required pursuant to subsection 2 may update that proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.

    4.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply if the application of those provisions would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    5.  Except as otherwise provided in subsection 6, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    6.  Except as otherwise provided in subsection 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 7, the provisions of subsection 2 apply only to those joint venturers who have that responsibility.

    7.  For the purposes of subsection 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

    (a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

    (b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

    (c) Contracting with and making payments to any subcontractors; or

    (d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

    8.  The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

    Sec. 12.  NRS 338.010 is hereby amended to read as follows:

    338.010  As used in this chapter:

    1.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.

    2.  “Eligible bidder” means a person who was [found] :

    (a) Found to be a responsible contractor by a [public body] local government which awarded a contract for a public work [.] in accordance with paragraph (b) of subsection 1 of section 2 of this act; or


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ê1999 Statutes of Nevada, Page 2397 (Chapter 471, AB 298)ê

 

    (b) Determined by a public body which awarded a contract for a public work pursuant to sections 3 to 11, inclusive, of this act, to be qualified to bid on that contract pursuant to section 5 of this act or was exempt from meeting such qualifications pursuant to section 6 of this act.

    3.  “Offense” means failing to:

    (a) Pay the prevailing wage required pursuant to this chapter;

    (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS; or

    (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS.

    4.  “Public body” means the state, county, city, town, school district or any public agency of this state or its political subdivisions sponsoring or financing a public work.

    5.  “Public work” means any project for the new construction, repair or reconstruction of:

    (a) A project financed in whole or in part from public money for:

         (1) Public buildings;

         (2) Jails and prisons;

         (3) Public roads;

         (4) Public highways;

         (5) Public streets and alleys;

         (6) Public utilities which are financed in whole or in part by public money;

         (7) Publicly owned water mains and sewers;

         (8) Public parks and playgrounds;

         (9) Public convention facilities which are financed at least in part with public funds; and

         (10) [All] Any other publicly owned works and property whose cost as a whole exceeds $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.

    (b) A building for the University and Community College System of Nevada of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by [the] this state or from federal money.

    6.  “Wages” means:

    (a) The basic hourly rate of pay; and

    (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the workman.

    7.  “Workman” means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.

    Sec. 13.  NRS 338.0115 is hereby amended to read as follows:

    338.0115  1.  Except as otherwise provided in subsection 2, the provisions of this chapter and chapters 332 and 339 of NRS do not apply to a contract under which a private developer, for the benefit of a private development, constructs a water or sewer line extension and any related appurtenances:

    (a) Which qualify as a public work pursuant to NRS 338.010; and


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ê1999 Statutes of Nevada, Page 2398 (Chapter 471, AB 298)ê

 

    (b) For which he will receive a monetary contribution or refund from a public body as reimbursement for a portion of the costs of the project.

    2.  If, pursuant to the provisions of such a contract, the developer is not responsible for paying all of the initial construction costs of the project, the provisions of NRS 338.013 to 338.090, inclusive, and 338.140 to 338.147, inclusive, and sections 2 to 11, inclusive, of this act apply to the contract.

    Sec. 14.  NRS 338.143 is hereby amended to read as follows:

    338.143  1.  Except as otherwise provided in subsection 6 and NRS [338.1906 and 338.1907, an agency or political subdivision of the state,] 338.1907, a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work [,] who represents that local government, shall not:

    (a) Commence such a project [,] for which the estimated cost exceeds $100,000 [,] unless it advertises in a newspaper of general circulation in [the] this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 6, a [public body] local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The [public body] local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the [public body] local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.

    3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    4.  Any [or all] bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not responsive or responsible;

    (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (c) The public interest would be served by such a rejection.

    5.  Before [an agency or political subdivision of the state] a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:


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

ê1999 Statutes of Nevada, Page 2399 (Chapter 471, AB 298)ê

 

    (a) A list of all persons, including supervisors, [who the agency or political subdivision] whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the [agency or political subdivision] local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the [agency or political subdivision] local government expects to save by rejecting the bids and performing the project itself.

    6.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district; or

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

    Sec. 15.  NRS 338.143 is hereby amended to read as follows:

    338.143  1.  Except as otherwise provided in subsection 6, [an agency or political subdivision of the state,] a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of section 2 of this act, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work [,] who represents that local government, shall not:

    (a) Commence such a project [,] for which the estimated cost exceeds $100,000 [,] unless it advertises in a newspaper of general circulation in [the] this state for bids for the project; or

    (b) Divide such a project into separate portions to avoid the requirements of paragraph (a).

    2.  Except as otherwise provided in subsection 6, a [public body] local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The [public body] local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the [public body] local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.


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

ê1999 Statutes of Nevada, Page 2400 (Chapter 471, AB 298)ê

 

    3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.

    4.  Any [or all] bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:

    (a) The bidder is not responsive or responsible;

    (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or

    (c) The public interest would be served by such a rejection.

    5.  Before [an agency or political subdivision of the state] a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:

    (a) A list of all persons, including supervisors, [who the agency or political subdivision] whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;

    (b) A list of all equipment that the [agency or political subdivision] local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

    (c) An estimate of the cost of administrative support for the persons assigned to the project;

    (d) An estimate of the total cost of the project; and

    (e) An estimate of the amount of money the [agency or political subdivision] local government expects to save by rejecting the bids and performing the project itself.

    6.  This section does not apply to:

    (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

    (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

    (c) Normal maintenance of the property of a school district; or

    (d) The Las Vegas Valley water district created pursuant to chapter 167, Statutes of Nevada 1947.

    Sec. 16.  NRS 338.145 is hereby amended to read as follows:

    338.145  1.  A [public body] local government awarding a contract for a public work shall not award the contract to a person who, at the time of the bid, is not properly licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license. A subcontractor named by the contractor who is not properly licensed for that portion of the work shall be deemed unacceptable. If the subcontractor is deemed unacceptable, the contractor shall provide an acceptable subcontractor before the award of the contract.


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

ê1999 Statutes of Nevada, Page 2401 (Chapter 471, AB 298)ê

 

    2.  If, after awarding the contract, the [public body] local government discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the [public body] local government shall reject the bid and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.

    Sec. 17.  NRS 338.147 is hereby amended to read as follows:

    338.147  1.  A [public body] local government shall award a contract for a public work to the contractor who submits the best bid.

    2.  Except as otherwise provided in subsection 4 or limited by subsection 5, for the purposes of this section, a contractor who:

    (a) Has been found to be a responsible contractor by the [public body;] local government; and

    (b) At the time he submits his bid, provides to the [public body] local government proof of the payment of:

         (1) The sales and use taxes imposed pursuant to chapters 372, 374 and 377 of NRS on materials used for construction of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid;

         (2) The motor vehicle privilege tax imposed pursuant to chapter 371 of NRS on the vehicles used in the operation of his business of not less than $5,000 for each consecutive 12-month period for 60 months immediately preceding the submission of his bid; or

         (3) Any combination of such sales and use taxes and motor vehicle privilege tax,

shall be deemed to have submitted a better bid than a competing contractor who has not provided proof of the payment of those taxes if the amount of his bid is not more than 5 percent higher than the amount bid by the competing contractor.

    3.  A contractor who has previously provided the [public body] local government awarding a contract with the proof of payment required pursuant to subsection 2 may update such proof on or before April 1, July 1, September 1 and December 1 rather than with each bid.

    4.  If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 2, those provisions do not apply insofar as their application would preclude or reduce federal assistance for that work. The provisions of subsection 2 do not apply to any contract for a public work which is expected to cost less than $250,000.

    5.  Except as otherwise provided in subsection 6, if a bid is submitted by two or more contractors as a joint venture or by one of them as a joint venturer, the provisions of subsection 2 apply only if both or all of the joint venturers separately meet the requirements of that subsection.

    6.  Except as otherwise provided in subsection 8, if a bid is submitted by a joint venture and one or more of the joint venturers has responsibility for the performance of the contract as described in subsection 7, the provisions of subsection 2 apply only to those joint venturers who have such responsibility.


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

ê1999 Statutes of Nevada, Page 2402 (Chapter 471, AB 298)ê

 

    7.  For the purposes of subsection 6, a joint venturer has responsibility for the performance of a contract if he has at least one of the following duties or obligations delegated to him in writing in the contract creating the joint venture:

    (a) Supplying the labor necessary to perform the contract and paying the labor and any related taxes and benefits;

    (b) Supplying the equipment necessary to perform the contract and paying any charges related to the equipment;

    (c) Contracting with and making payments to any subcontractors; or

    (d) Performing the recordkeeping for the joint venture and making any payments to persons who provide goods or services related to the performance of the contract.

    8.  The provisions of subsection 6 do not apply to a joint venture which is formed for the sole purpose of circumventing any of the requirements of this section.

    Sec. 18.  NRS 338.1906 is hereby amended to read as follows:

    338.1906  1.  Upon request by or consultation with an officer or employee of the state who is responsible for the budget of a department, board, commission, agency or other entity of the state, the appropriate energy retrofit coordinator may request the approval of the state board of examiners to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission, agency or other entity, to make the use of energy in the building, or portion thereof, more efficient.

    2.  Upon approval of the state board of examiners, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

    (a) The name and location of the coordinator;

    (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

    (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

    (d) The date and time not later than which proposals must be received by the coordinator; and

    (e) The date and time when responses will be opened.

    3.  The request for proposals must be published in at least one newspaper of general circulation in the state.

    4.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

    (a) The best interests of the state;

    (b) The experience and financial stability of the persons submitting the proposals;

    (c) Whether the proposals conform with the terms of the request for proposals;

    (d) The prices of the proposals; and

    (e) Any other factor disclosed in the request for proposals.


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

ê1999 Statutes of Nevada, Page 2403 (Chapter 471, AB 298)ê

 

    5.  The coordinator shall determine the relative weight of each factor 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 coordinator.

    6.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the board of examiners to award the contract. The request for approval must include the proposed method of financing the audit and retrofit , which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the state to make payments beyond the biennium in which the contract is executed , but the interest due on any debt created pursuant to this section must be paid at least semiannually, payments must be made on the principal at least annually and the debt must be fully repaid on or before May 1, 2013.

    7.  Before approving a retrofit pursuant to this section, the state board of examiners shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the state to make payments beyond the biennium in which the contract is executed to ensure that:

    (a) The amount of energy to be saved will likely justify the cost of the retrofit;

    (b) The state is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings; and

    (c) The limitation set forth in subsection 9 will not be exceeded.

    8.  Upon approval of the state board of examiners, the coordinator shall execute the contract and notify:

    (a) The state board of examiners of the total amount of money committed by the contract per year; and

    (b) Each officer or employee who is responsible for the budget of a department, board, commission, agency or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

    9.  The total amount of money committed beyond the biennium for all contracts executed pursuant to this section must not exceed $5,000,000 at any one time.

    10.  The legislature hereby pledges that a tax will be levied to pay the principal and interest on any indebtedness resulting from a contract executed pursuant to this section as they become due if the required payments will not be made by the entity that executed the contract from its budgeted accounts and the proceeds from any such taxes are hereby specially appropriated for this purpose.

    11.  [NRS 338.143] Section 8 of this act does not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.


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

ê1999 Statutes of Nevada, Page 2404 (Chapter 471, AB 298)ê

 

    Sec. 19.  NRS 338.1907 is hereby amended to read as follows:

    338.1907  1.  The governing body of a local government may designate one or more energy retrofit coordinators for the buildings occupied by the local government.

    2.  If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.

    3.  Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:

    (a) The name and location of the coordinator;

    (b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;

    (c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;

    (d) The date and time not later than which proposals must be received by the coordinator; and

    (e) The date and time when responses will be opened.

    4.  The request for proposals must be published in at least one newspaper of general circulation in the county in which the local government is located.

    5.  After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:

    (a) The best interests of the local government;

    (b) The experience and financial stability of the persons submitting the proposals;

    (c) Whether the proposals conform with the terms of the request for proposals;

    (d) The prices of the proposals; and

    (e) Any other factor disclosed in the request for proposals.

    6.  The coordinator shall determine the relative weight of each factor 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 coordinator.

    7.  After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit , which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.


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

ê1999 Statutes of Nevada, Page 2405 (Chapter 471, AB 298)ê

 

    8.  Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:

    (a) The amount of energy to be saved will likely justify the cost of the retrofit; and

    (b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.

    9.  Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.

    10.  NRS 338.143 [does] and section 8 of this act do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.

    Sec. 20.  NRS 341.147 is hereby repealed.

    Sec. 21.  1.  This section and sections 2 to 8, inclusive, 10 to 14, inclusive, and 16 to 20, inclusive, of this act become effective on October 1, 1999.

    2.  Sections 9 and 15 of this act become effective at 12:01 a.m. on May 1, 2013.

    3.  Sections 8, 14, 18 and 19 of this act expire by limitation on May 1, 2013.

________

 

CHAPTER 472, AB 12

Assembly Bill No. 12–Committee on Government Affairs

 

CHAPTER 472

 

AN ACT relating to administrative procedure; revising the definition of “regulation” for purposes of the Nevada Administrative Procedure Act; exempting certain agencies from the provisions of the Act in certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 233B of NRS is hereby amended by adding thereto a new section to read as follows:

    An agency that takes an emergency action as described in paragraph (l) of subsection 2 of NRS 233B.038 shall file with the legislative counsel within 5 working days after taking the action a statement that describes the action taken and the reason for the action. If the agency is prohibited by federal law, regulation, interpretation or instruction from describing the action taken or the reason for the action, the statement must cite the federal law, regulation, interpretation or instruction that prohibits such disclosure.


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ê1999 Statutes of Nevada, Page 2406 (Chapter 472, AB 12)ê

 

disclosure. The legislative counsel shall include a statement filed pursuant to this section in the register of administrative regulations published pursuant to NRS 233B.0653.

    Sec. 2.  NRS 233B.038 is hereby amended to read as follows:

    233B.038  1.  “Regulation” means [an] :

    (a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency [. The term includes a] ;

    (b) A proposed regulation [and the] ;

    (c) The amendment or repeal of a prior regulation [, but] ; and

    (d) The general application by an agency of a written policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.

    2.  The term does not include:

    [1.] (a) A statement concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

    [2.] (b) A declaratory ruling;

    [3.] (c) An intraagency memorandum;

    [4.] (d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with a federal or state statute or regulation;

    (e) An agency decision or finding in a contested case; [or

    5.] (f) An advisory opinion issued by an agency that is not of general applicability;

    (g) A published opinion of the attorney general;

    (h) An interpretation of an agency that has statutory authority to issue interpretations;

    (i) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity;

    (j) A contract or agreement into which an agency has entered;

    (k) The provisions of a federal law, regulation or guideline;

    (l) An emergency action taken by an agency that is necessary to protect public health and safety;

    (m) The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;

    (n) A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs [and signals.] , signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484.781; or


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ê1999 Statutes of Nevada, Page 2407 (Chapter 472, AB 12)ê

 

    (o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the board of wildlife commissioners pursuant to the provisions of Title 45 of NRS.

    Sec. 3.  NRS 233B.039 is hereby amended to read as follows:

    233B.039  1.  The following agencies are entirely exempted from the requirements of this chapter:

    (a) The governor.

    (b) The department of prisons.

    (c) The University and Community College System of Nevada.

    (d) The office of the military.

    (e) The state gaming control board.

    (f) The Nevada gaming commission.

    (g) The welfare division of the department of human resources.

    (h) The state board of examiners acting pursuant to chapter 217 of NRS.

    (i) Except as otherwise provided in NRS 533.365, the office of the state engineer.

    (j) The division of industrial relations of the department of business and industry acting to enforce the provisions of NRS 618.375.

    (k) The board to review claims in adopting resolutions to carry out its duties pursuant to NRS 590.830.

    2.  Except as otherwise provided in NRS 391.323, the department of education, the committee on benefits and the commission on professional standards in education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

    3.  The special provisions of:

    (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security division of the department of employment, training and rehabilitation;

    (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

    (c) Chapter 703 of NRS for the judicial review of decisions of the public utilities commission of Nevada;

    (d) Chapter 91 of NRS for the judicial review of decisions of the administrator of the securities division of the office of the secretary of state; and

    (e) NRS 90.800 for the use of summary orders in contested cases,

prevail over the general provisions of this chapter.

    4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

    5.  The provisions of this chapter do not apply to:

    (a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control; or


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ê1999 Statutes of Nevada, Page 2408 (Chapter 472, AB 12)ê

 

    (b) An extraordinary regulation of the state board of pharmacy adopted pursuant to NRS 453.2184.

    6.  The state board of parole commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

    Sec. 4.  NRS 590.830 is hereby amended to read as follows:

    590.830  1.  The fund for cleaning up discharges of petroleum is hereby created as a special revenue fund in the state treasury. The division shall administer the fund for the purposes prescribed in NRS 590.700 to 590.920, inclusive, and the board shall adopt appropriate regulations for the investigation and payment of claims against the fund. The board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

    2.  The expenses incurred by the division in performing its duties pursuant to NRS 590.700 to 590.920, inclusive, are a charge against the fund. The interest earned on money in the fund must be credited to the fund.

    3.  The board shall transmit a copy of any resolution that the board has adopted in carrying out its duties pursuant to this section to the legislative counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

    Sec. 5.  Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

    The division shall submit a written report quarterly to the advisory council of the division which lists each citation issued by the division for a violation of NRS 618.375 during that quarter and the circumstances for which the citation was issued. Within 5 working days after submission of such a report to the advisory council, the division shall transmit the report to the legislative counsel for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

    Sec. 6.  This act becomes effective on July 1, 1999, for the purpose of adopting regulations to comply with the amendatory provisions of section 2 of this act and on January 1, 2000, for all other purposes.

________

 

CHAPTER 473, SB 30

Senate Bill No. 30–Senator Amodei

 

CHAPTER 473

 

AN ACT relating to justices’ courts; increasing the monetary limit of claims adjudicated in justices’ courts pursuant to the procedure for small claims; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 4.060 is hereby amended to read as follows:

    4.060  1.  Except as otherwise provided in this section, each justice of the peace shall charge and collect the following fees:


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

ê1999 Statutes of Nevada, Page 2409 (Chapter 473, SB 30)ê

 

    (a) On the commencement of any action or proceeding in the justice’s court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

         If the sum claimed does not exceed $1,000............................................................................................................ $28.00

         If the sum claimed exceeds $1,000 but does not exceed $2,500.......................................................................... 50.00

         If the sum claimed exceeds $2,500 but does not exceed $4,500........................................................................ 100.00

         If the sum claimed exceeds $4,500 but does not exceed $6,500........................................................................ 125.00

         If the sum claimed exceeds $6,500 but does not exceed $7,500........................................................................ 150.00

         In all other civil actions.................................................................................................................................................. 28.00

    (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

         If the sum claimed does not exceed $1,000.............................................................................................................. 25.00

         If the sum claimed exceeds $1,000 but does not exceed $2,500.......................................................................... 45.00

         If the sum claimed exceeds $2,500 but does not exceed [$3,500] $5,000.......................................................... 65.00

    (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid him or them on filing the first paper in the action, or at the time of appearance:

         In all civil actions............................................................................................................................................................ 12.00

         For every additional defendant, appearing separately.............................................................................................. 6.00

    (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

    (e) For the filing of any paper in intervention................................................................................................................... 6.00

    (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court........................................................................................................................................................ 6.00

    (g) For filing a notice of appeal, and appeal bonds....................................................................................................... 12.00

    One charge only may be made if both papers are filed at the same time.

    (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.................................. 12.00

    (i) For preparation and transmittal of transcript and papers on appeal.................................................................... 12.00

    (j) For celebrating a marriage and returning the certificate to the county recorder................................................. 35.00

    (k) For entering judgment by confession........................................................................................................................... 6.00

    (l) For preparing any copy of any record, proceeding or paper, for each page............................................................ .30

    (m) For each certificate of the clerk, under the seal of the court.................................................................................. 3.00

    (n) For searching records or files in his office, for each year.......................................................................................... 1.00

    (o) For filing and acting upon each bail or property bond .......................................................................................... 40.00


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

ê1999 Statutes of Nevada, Page 2410 (Chapter 473, SB 30)ê

 

    2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.

    3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if he performs a marriage ceremony in a commissioner township.

    4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees he may retain as compensation and the fees he is required to pay to the state treasurer pursuant to subsection 5.

    5.  The justice of the peace shall, on or before the fifth day of each month, pay to the state treasurer half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The state treasurer shall deposit the money in the fund for the compensation of victims of crime.

    Sec. 2.  NRS 73.010 is hereby amended to read as follows:

    73.010  In all cases arising in the justice’s court for the recovery of money only, where the amount claimed does not exceed [$3,500] $5,000 and the defendant named:

    1.  Is a resident of;

    2.  Does business in; or

    3.  Is employed in,

the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

    Sec. 3.  The amendatory provisions of this act apply only to an action filed on or after October 1, 1999.

________

 

CHAPTER 474, SB 31

Senate Bill No. 31–Senator Amodei

 

CHAPTER 474

 

AN ACT relating to holidays; changing the legal holiday for the observance of Nevada Day; removing the exception that allows schools to remain open on Nevada Day; revising the provision governing the transaction of banking business on holidays and weekends; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 236.015 is hereby amended to read as follows:

    236.015  1.  The following days are declared to be legal holidays for state, county and city governmental offices:

 

January 1 (New Year’s Day)

[Third] Martin Luther King, Jr.’s birthday is on January 15 but is to be observed on the third Monday in January [(Martin Luther King, Jr.’s Birthday)Third] Washington’s birthday is on February 22 but is to be observed on the third Monday in February [(Washington’s Birthday)]


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ê1999 Statutes of Nevada, Page 2411 (Chapter 474, SB 31)ê

 

Third] Washington’s birthday is on February 22 but is to be observed on the third Monday in February [(Washington’s Birthday)]

Last Monday in May (Memorial Day)

July 4 (Independence Day)

First Monday in September (Labor Day)

Nevada Day is October 31 [(Nevada Day)] but is to be observed on the last Friday in October

November 11 (Veterans’ Day)

Fourth Thursday in November (Thanksgiving Day)

Friday following the fourth Thursday in November (Family Day)

December 25 (Christmas Day)

Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans’ Day.

 

    2.  Except as otherwise provided by NRS 293.560 and 293C.527, all state, county and city offices, courts, public schools and the University and Community College System of Nevada must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.

    3.  If January 1, July 4, [October 31,] November 11 or December 25 falls upon a:

    (a) Sunday, the Monday following must be observed as a legal holiday.

    (b) Saturday, the Friday preceding must be observed as a legal holiday.

    Sec. 2.  NRS 293.560 is hereby amended to read as follows:

    293.560  1.  Except as otherwise provided in NRS 293.502, registration must close at 9 p.m. on the fifth Saturday preceding any primary or general election and at 9 p.m. on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close at 9 p.m. on the fifth Saturday preceding the day of the elections.

    2.  The offices of the county clerk and other ex officio registrars must be open from 9 a.m. to 5 p.m. and the office of the county clerk must also be open from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

    (a) In a county whose population is less than 100,000, those offices must be open during the last 3 days before registration closes.

    (b) In all other counties, those offices must be open during the last 5 days before registration closes.

    3.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

    (a) The county clerk of each county shall cause a notice signed by him to be published in a newspaper having a general circulation in the county indicating the day that registration will be closed. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this state.

    (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.


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ê1999 Statutes of Nevada, Page 2412 (Chapter 474, SB 31)ê

 

    4.  The offices of the county clerk and other ex officio registrars may remain open on the last Friday in October [31] in each even-numbered year.

    Sec. 3.  NRS 388.110 is hereby amended to read as follows:

    388.110  No school may be kept open on any day declared to be a legal holiday pursuant to NRS 236.015 . [except that any board of trustees of a school district may elect to keep school open on October 31 (or other day observed as Nevada Day) and observe such holiday with appropriate exercises.]

    Sec. 4.  NRS 662.255 is hereby amended to read as follows:

    662.255  1.  A bank may elect to close on Saturdays, Sundays or legal holidays. Except as otherwise provided in subsection 2 and NRS 104.4303, if a bank elects not to close on a Saturday, Sunday or legal holiday, all business transacted on a Saturday, Sunday or legal holiday shall be deemed to have been transacted on the next banking day that is not a Saturday, Sunday or legal holiday.

    2.  If a bank elects not to close on a Saturday, Sunday or legal holiday which falls on the last day of a calendar year, that day shall be deemed a regular banking day for the purposes of transacting business.

    3.  As used in this section, the term “legal holiday” includes all days which are declared by NRS 236.015 to be legal holidays.

    Sec. 5.  1.  This section and section 4 of this act become effective on October 1, 1999.

    2.  Sections 1, 2 and 3 of this act become effective on January 1, 2000.

________

 

CHAPTER 475, SB 38

Senate Bill No. 38–Committee on Commerce and Labor

 

CHAPTER 475

 

AN ACT relating to industrial insurance; requiring certain records of an employer who is insured by a private carrier to be open to inspection by that private carrier; expanding the types of organizations or associations of employers to which private carriers may provide industrial insurance; changing the period within which an insurer must provide notice that an employer has changed insurers or allowed his industrial insurance to lapse; revising the provisions concerning employee leasing companies; requiring an insurer to notify certain claimants of circumstances under which a claim for workers’ compensation may be closed automatically; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 616A.465 is hereby amended to read as follows:

    616A.465  1.  Except as otherwise provided in this section, the division shall:

    (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS; [and]

    (b) Investigate insurers regarding compliance with statutes and the division’s regulations [.] ;


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

ê1999 Statutes of Nevada, Page 2413 (Chapter 475, SB 38)ê

 

    (c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and

    (d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive.

    2.  The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:

    (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;

    (b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and

    (c) Third-party administrators pursuant to chapter 683A of NRS.

    3.  The department of administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The administrator is responsible for administrative appeals pursuant to NRS 616B.215.

    4.  The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

    5.  The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

    6.  As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670.

    Sec. 2.  NRS 616A.485 is hereby amended to read as follows:

    616A.485  1.  The books, records and payrolls of an employer insured by the system must be open to inspection by the administrator, the system or its auditor or agent or by auditors of the department of taxation to determine:

    (a) The accuracy of the payroll;

    (b) The number of persons employed; and

    (c) Any other information necessary for the administration of chapters 616A to 617, inclusive, of NRS.

    2.  The books, records and payroll of an employer who is self-insured, a member of an association of self-insured public or private employers or insured by a private carrier must be open to inspection by the administrator or his auditor or agent in the manner prescribed in subsection 1.

    3.  The books, records and payroll of an employer who is insured by a private carrier must be open to inspection by that private carrier or its auditor or agent in the manner prescribed in subsection 1.

    Sec. 3.  NRS 616B.026 is hereby amended to read as follows:

    616B.026  1.  An insurer, other than a self-insured employer or an association of self-insured public or private employers, shall provide to each employer to whom the insurer provides industrial insurance , whether or not the employer is a member of a group that is provided with industrial insurance pursuant to NRS 616B.036, a certificate of insurance which indicates that the employer has obtained a policy of industrial insurance.


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

ê1999 Statutes of Nevada, Page 2414 (Chapter 475, SB 38)ê

 

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

    (a) The name of the insurer;

    (b) The name of the insured;

    (c) The number of the policy; and

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

    Sec. 4.  NRS 616B.036 is hereby amended to read as follows:

    616B.036  1.  The system and private carriers may provide industrial insurance for an organization or association of employers as a group if:

    (a) The members of the [group or] organization or association are engaged in a common trade or business; and

    (b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group.

    2.  Notwithstanding the provisions of subsection 1, the system and private carriers may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if:

    (a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and

    (b) The contract or other agreement pursuant to which the system or the private carrier will provide industrial insurance for the organization or association provides that:

         (1) A separate policy will be issued to each member of the organization or association; and

         (2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    3.  The commissioner must approve each [group or] organization or association before a policy of industrial insurance may be issued to it [.

    3.] as a group pursuant to subsection 1 or 2.

    4.  The commissioner shall adopt regulations for the qualification of [groups for industrial insurance.] organizations or associations of employers described in subsections 1 and 2.

    Sec. 5.  NRS 616B.460 is hereby amended to read as follows:

    616B.460  1.  An employer may elect to purchase industrial insurance from a private carrier for his employees pursuant to chapters 616A to 617, inclusive, of NRS.

    2.  An employer may elect to purchase insurance from an insurer other than his present insurer if the employer has:

    (a) Given at least 10 days’ notice to the administrator of the change of insurer; and

    (b) Furnished evidence satisfactory to the administrator that the payment of compensation has otherwise been secured.


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ê1999 Statutes of Nevada, Page 2415 (Chapter 475, SB 38)ê

 

    3.  Each private carrier and the system shall notify the administrator if an employer has changed his insurer or has allowed his insurance to lapse, within [24 hours or by the end of the next working day] 15 days after the insurer has notice of the change or lapse.

    Sec. 6.  NRS 616B.670 is hereby amended to read as follows:

    616B.670  As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires:

    1.  “Applicant” means a person seeking a certificate of [insurance] registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate an employee leasing company.

    2.  “Client company” means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement.

    3.  “Employee leasing company” means a company which, pursuant to a written or oral agreement:

    (a) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment; or

    (b) Leases to a client company:

         (1) Five or more part-time or full-time employees; or

         (2) Ten percent or more of the total number of employees within a classification of risk established by the [system.] commissioner.

    Sec. 7.  NRS 616B.673 is hereby amended to read as follows:

    616B.673  1.  A person shall not operate an employee leasing company in this state unless he has complied with the provisions of NRS 616B.670 to 616B.697, inclusive. The [manager] administrator shall issue a certificate of [insurance] registration to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive.

    2.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

    3.  Each certificate of [insurance] registration issued by the [manager] administrator pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1 year after it is issued unless renewed before that date.

    Sec. 8.  NRS 616B.676 is hereby amended to read as follows:

    616B.676  An applicant for the issuance or renewal of a certificate of [insurance] registration must submit to the [manager] administrator a written application upon a form provided by the [manager.] administrator.

    Sec. 9.  NRS 616B.679 is hereby amended to read as follows:

    616B.679  1.  Each application must include:

    (a) The applicant’s name and title of his position with the employee leasing company.

    (b) The applicant’s age, place of birth and social security number.

    (c) The applicant’s address.

    (d) The business address of the employee leasing company.

    (e) The business address of the resident agent of the employee leasing company, if the applicant is not the resident agent.

    (f) If the applicant is a:

         (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.


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ê1999 Statutes of Nevada, Page 2416 (Chapter 475, SB 38)ê

 

         (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.

    (g) Proof of:

         (1) The payment of any taxes required by chapter 364A of NRS.

         (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS.

         (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.

         (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to Title 57 of NRS that is offered by the employee leasing company to its employees.

         [(5) Membership in the National Staff Leasing Association, or its successor organization.]

    (h) Any other information the [manager] administrator requires.

    2.  Each application must be notarized and signed under penalty of perjury:

    (a) If the applicant is a sole proprietorship, by the sole proprietor.

    (b) If the applicant is a partnership, by each partner.

    (c) If the applicant is a corporation, by each officer of the corporation.

    3.  An applicant shall submit to the [manager] administrator any change in the information required by this section within 30 days after the change occurs. The [manager] administrator may revoke the certificate of [insurance] registration of an employee leasing company which fails to comply with the provisions of [this subsection. If the manager revokes the certificate of insurance and cancels the] NRS 616B.670 to 616B.697, inclusive.

    4.  If an insurer cancels an employee leasing company’s policy, the [manager] insurer shall immediately notify the administrator [, who shall proceed in accordance with the provisions of NRS 616D.110.] in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the administrator.

    Sec. 10.  NRS 616B.694 is hereby amended to read as follows:

    616B.694  The [manager, in cooperation with the administrator of the employment security division of the department of employment, training and rehabilitation, shall, and the commissioner of insurance may,] administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive.

    Sec. 11.  NRS 616B.697 is hereby amended to read as follows:

    616B.697  An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a certificate of [insurance] registration for the employee leasing company.

    Sec. 12.  NRS 616C.235 is hereby amended to read as follows:

    616C.235  1.  Except as otherwise provided in subsection 2:

    (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant.


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ê1999 Statutes of Nevada, Page 2417 (Chapter 475, SB 38)ê

 

first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

    (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

    (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

    2.  If , during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $500, the claim closes automatically . [if the claimant does not receive medical treatment for the injury for at least 12 months.] The claimant may not appeal the closing of such a claim. The insurer shall send to each claimant who receives less than $500 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed automatically pursuant to this subsection. The written notice does not create any right to appeal the contents of that notice. The written notice must be:

    (a) Sent by first-class mail addressed to the last known address of the claimant; and

    (b) A document that is separate from any other document or form that is used by the insurer.

The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

    Sec. 13.  NRS 616D.250 is hereby amended to read as follows:

    616D.250  1.  Any employer insured by the system who refuses to submit his books, records and payroll for inspection, as provided by NRS 616A.485, to a representative of the system or the administrator, or to an auditor from the department of taxation [,] presenting written authority for the inspection, is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the system or the administrator.

    2.  A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his books, records and payroll to the administrator or the private carrier for inspection as provided by NRS 616A.485 [,] is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the administrator [.] or the private carrier, as applicable.

    3.  The person who gives such refusal is guilty of a misdemeanor.

    Sec. 14.  1.  This section and sections 6 to 12, inclusive, of this act become effective on July 1, 1999.

    2.  Sections 1 to 5, inclusive, and 13 of this act become effective at 12:01 a.m. on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2418ê

 

CHAPTER 476, SB 282

Senate Bill No. 282–Committee on Finance

 

CHAPTER 476

 

AN ACT relating to state financial administration; reallocating an appropriation for education that was made by the 69th session of the Nevada Legislature; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Section 53 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:

   Sec. 53.  1.  There is hereby appropriated from the state general fund to the department of education the sum of [$23,950] $57,850 for the payment of compensation, per diem allowances and travel expenses pursuant to subsection 8 of section 43 of this act.

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

    Sec. 2.  Section 54 of chapter 473, Statutes of Nevada 1997, at page 1784, is hereby amended to read as follows:

   Sec. 54.  1.  There is hereby appropriated from the state general fund to the department of education to pay the costs incurred by the department of education for purchasing, administering and scoring the examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015:

For the fiscal year 1997-1998............................................ $130,000

For the fiscal year 1998-1999............................ [$85,000] $96,500

     2.  The examinations purchased and administered by the department of education must be:

     (a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and

     (b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.

   3.  The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.

    Sec. 3.  Section 59 of chapter 473, Statutes of Nevada 1997, at page 1785, is hereby amended to read as follows:

   Sec. 59.  1.  There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of [$82,100] $36,700 to pay the salary, travel expenses, administrative and equipment expenses of an employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.


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

ê1999 Statutes of Nevada, Page 2419 (Chapter 476, SB 282)ê

 

effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.

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

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

________

 

CHAPTER 477, SB 68

Senate Bill No. 68–Senator Jacobsen

 

CHAPTER 477

 

AN ACT relating to peace officers; reorganizing the peace officers’ standards and training committee in the department of motor vehicles and public safety into the peace officers’ standards and training commission and defining its duties; providing for the appointment of an executive director of the commission and defining his duties; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 284.174 is hereby amended to read as follows:

    284.174  1.  If personnel of the capitol police division of the department of motor vehicles and public safety are not available to provide security services for a building, office or other facility of a state agency, the state agency may, pursuant to NRS 284.173, contract with one or more independent contractors to provide such services.

    2.  An independent contractor with whom a state agency contracts pursuant to subsection 1 must:

    (a) Be licensed as a private patrolman pursuant to chapter 648 of NRS or employed by a person so licensed; and

    (b) Possess the skills required of and meet the same physical requirements as law enforcement personnel certified by the peace officers’ standards and training [committee] commission created pursuant to [NRS 481.053.] section 8 of this act.

    Sec. 2.  Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 17, inclusive, of this act.

    Sec. 3.  As used in sections 3 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Category I peace officer” means a peace officer who has unrestricted duties and who is not otherwise listed as a category II or category III peace officer.

    Sec. 5.  “Category II peace officer” means:

    1.  The bailiff of the supreme court;

    2.  The bailiffs of the district courts, justices’ courts and municipal courts whose duties require them to carry weapons and make arrests;

    3.  Constables and their deputies whose official duties require them to carry weapons and make arrests;


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ê1999 Statutes of Nevada, Page 2420 (Chapter 477, SB 68)ê

 

    4.  Inspectors employed by the transportation services authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

    5.  Parole and probation officers;

    6.  Special investigators who are employed full time by the office of any district attorney or the attorney general;

    7.  Investigators of arson for fire departments who are specially designated by the appointing authority;

    8.  The assistant and deputies of the state fire marshal;

    9.  The brand inspectors of the division of agriculture of the department of business and industry who exercise the powers of enforcement conferred by chapter 565 of NRS;

    10.  Investigators for the state forester firewarden who are specially designated by him and whose primary duties are related to the investigation of arson;

    11.  School police officers employed by the board of trustees of any county school district;

    12.  Agents of the state gaming control board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;

    13.  Investigators and administrators of the bureau of enforcement of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.048;

    14.  Officers and investigators of the section for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety who perform the duties specified in subsection 3 of NRS 481.0481;

    15.  Legislative police officers of the State of Nevada;

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

    17.  Parole counselors of the division of child and family services of the department of human resources;

    18.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of family, youth and juvenile services established pursuant to NRS 62.1264 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

    19.  Field investigators of the taxicab authority;

    20.  Security officers employed full time by a city or county whose official duties require them to carry weapons and make arrests;

    21.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department; and

    22.  Criminal investigators who are employed by the secretary of state.


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

ê1999 Statutes of Nevada, Page 2421 (Chapter 477, SB 68)ê

 

    Sec. 6.  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the department of prisons.

    Sec. 7.  “Commission” means the peace officers’ standards and training commission.

    Sec. 8.  1.  The peace officers’ standards and training commission, consisting of seven members appointed by the governor, is hereby created. The governor shall appoint:

    (a) One member from Clark County;

    (b) One member from Washoe County;

    (c) Two members from counties other than Clark and Washoe counties;

    (d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;

    (e) One member who is a category II peace officer; and

    (f) One member who is a category III peace officer.

    2.  Members of the commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees generally.

    3.  The governor shall make the appointments to the commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this state and employee organizations that represent only peace officers of this state who are certified by the commission.

    Sec. 9.  1.  The commission:

    (a) Shall meet at the call of the chairman, who must be elected by a majority vote of the members of the commission.

    (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this state.

    (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

         (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

         (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

         (3) Qualifications for instructors of peace officers; and

         (4) Requirements for the certification of a course of training.

    (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

    (e) May make necessary inquiries to determine whether the agencies of this state and of the local governments are complying with standards set forth in its regulations.

    (f) Shall carry out the duties required of the commission pursuant to NRS 432B.610 and 432B.620.


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ê1999 Statutes of Nevada, Page 2422 (Chapter 477, SB 68)ê

 

    (g) May perform any other acts that may be necessary and appropriate to the functions of the commission as set forth in sections 3 to 17, inclusive, of this act.

    2.  Regulations adopted by the commission:

    (a) Apply to all agencies of this state and of local governments in this state that employ persons as peace officers;

    (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; and

    (c) May require that training be carried on at institutions which it approves in those regulations.

    Sec. 10.  The commission, by majority vote of its members, shall appoint an executive director of the commission. The executive director:

    1.  Must be selected with special reference to his training, experience, capacity and interest in the field of administering laws and regulations relating to the training of peace officers.

    2.  Is in the unclassified service of the state.

    3.  Shall not pursue any other business or occupation, or perform any other duties of any other office of profit without the prior approval of the commission.

    4.  May be removed by the commission, by a majority vote of its members, at any time for cause.

    Sec. 11.  With the advice of the commission, the executive director of the commission may:

    1.  Appoint employees, agents, consultants and other staff of the commission and prescribe their duties;

    2.  Administer and direct the daily operation of the staff and resources of the commission;

    3.  Inspect academies for training peace officers, and issue and revoke certificates of approval to such academies;

    4.  Certify qualified instructors for approved courses of training for peace officers and issue appropriate certificates to instructors;

    5.  Certify peace officers who have satisfactorily completed courses of training for peace officers and issue basic, intermediate, advanced and management professional certificates to peace officers;

    6.  Make recommendations to the commission concerning the issuance of executive certificates;

    7.  Cause annual audits to be made relating to the operation of academies for training peace officers;

    8.  Consult and cooperate with academies for training peace officers concerning the development of the basic and advanced training programs for peace officers;

    9.  Consult and cooperate with academies for training peace officers concerning the development of specialized courses of study in this state for peace officers in the areas of police science, police administration, corrections, probation, the social sciences and other related areas;

    10.  Consult and cooperate with other departments and agencies of this state and of local governments concerning the training of peace officers;


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ê1999 Statutes of Nevada, Page 2423 (Chapter 477, SB 68)ê

 

    11.  Report to the commission at the regular meetings of the commission and at such other times as the commission may require, and recommend the denial, suspension or revocation of certification of a peace officer to the commission as deemed necessary;

    12.  Execute contracts on behalf of the commission; and

    13.  Perform any other acts necessary and appropriate to the carrying out of his duties.

    Sec. 12.  1.  An account for the training of peace officers is hereby created in the state general fund. The account must be administered by the executive director of the commission. The executive director may apply for, accept and expend any gift, donation, bequest, grant or other source of money or other financial assistance from any person, association, corporation or other organization having an interest in the training of peace officers, and from the United States and any of its agencies or instrumentalities, for deposit in the account. The money in the account must be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.

    2.  Except as otherwise provided in subsection 1, the money in the account may be used only for the training of persons whose primary duty is law enforcement or for other purposes approved by the commission.

    Sec. 13.  The persons upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the commission, except:

    1.  The chief parole and probation officer;

    2.  The director of the department of prisons;

    3.  The state fire marshal;

    4.  The director of the department of motor vehicles and public safety, the deputy directors of the department, the chiefs of the divisions of the department other than the investigation division, and the members of the state disaster identification team of the division of emergency management of the department;

    5.  The commissioner of insurance and his chief deputy;

    6.  Railroad policemen; and

    7.  California correctional officers.

    Sec. 14.  An application for certification as a peace officer must include the social security number of the applicant.

    Sec. 15.  1.  An applicant for certification as a peace officer shall submit to the peace officers’ standards and training commission the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

    2.  The commission shall include the statement required pursuant to subsection 1 in:

    (a) The application or any other forms that must be submitted for the issuance of the certification; or

    (b) A separate form prescribed by the commission.

    3.  An applicant may not be certified by the commission if the applicant for certification:

    (a) Fails to submit the statement required pursuant to subsection 1; or


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ê1999 Statutes of Nevada, Page 2424 (Chapter 477, SB 68)ê

 

    (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

    4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

    Sec. 16.  1.  If the peace officers’ standards and training commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a peace officer, the commission shall deem the person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    2.  The peace officers’ standards and training commission shall reinstate a certification as a peace officer that has been suspended by a district court pursuant to NRS 425.540 if the commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

    Sec. 17.  1.  As a condition of the certification of a peace officer employed by an agency that authorizes the use of a choke hold in the course of his duties, the peace officers’ standards and training commission shall require the peace officer to be trained in the proper use of the choke hold. In addition, the commission shall require annual training and recertification in the proper use of the choke hold if the agency employing the peace officer continues to authorize the official use of the choke hold.

    2.  The commission shall adopt regulations regarding the minimum training and testing required to comply with the requirements of subsection 1 and the manner in which each such agency shall demonstrate its continuing compliance with the requirements of subsection 1.

    Sec. 18.  NRS 289.010 is hereby amended to read as follows:

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

    1.  “Choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.


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ê1999 Statutes of Nevada, Page 2425 (Chapter 477, SB 68)ê

 

    2.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, and section 1 of [this act.

    2.] Senate Bill No. 183 of this session.

    3.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

    Sec. 19.  NRS 289.360 is hereby amended to read as follows:

    289.360  1.  For the purpose of the administration and enforcement of the provisions of chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of NRS, the members of the state gaming control board and the Nevada gaming commission and those agents of the board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer.

    2.  An agent of the state gaming control board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the peace officers’ standards and training [committee,] commission, also has the powers of a peace officer when, during the performance of those duties:

    (a) A felony, gross misdemeanor or misdemeanor is committed or attempted in his presence; or

    (b) He is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of his presence.

    3.  For the purpose of protecting members of the state gaming control board and of the Nevada gaming commission and their families and property, and providing security at meetings of the board and of the commission, an agent of the board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.

    Sec. 20.  NRS 289.410 is hereby amended to read as follows:

    289.410  1.  A peace officer shall not use a choke hold on any other person unless:

    (a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and

    (b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs him.

    2.  If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.

    3.  Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:

    (a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of his duties;


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ê1999 Statutes of Nevada, Page 2426 (Chapter 477, SB 68)ê

 

    (b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and

    (c) The consequences of unauthorized or uncertified use of a choke hold.

    [4.  As used in this section, “choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.]

    Sec. 21.  NRS 176.059 is hereby amended to read as follows:

    176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 

                Fine                                                                                             Assessment

$5 to $49.......................................................................................... $15

50 to 59............................................................................................... 30

60 to 69............................................................................................... 35

70 to 79............................................................................................... 40

80 to 89............................................................................................... 45

90 to 99............................................................................................... 50

100 to 199.......................................................................................... 60

200 to 299.......................................................................................... 70

300 to 399.......................................................................................... 80

400 to 499.......................................................................................... 90

500 to 1,000.................................................................................... 105

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

    (a) An ordinance regulating metered parking; or

    (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

    3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

    4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5.


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ê1999 Statutes of Nevada, Page 2427 (Chapter 477, SB 68)ê

 

requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

    5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    6.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

    (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

    (b) Seven dollars for credit to a special revenue fund for the use of the justices’ courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice’s court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

    (c) The remainder of each assessment to the state treasurer for credit to a special account in the state general fund.

    7.  The money apportioned to a juvenile court, a justice’s court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:


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ê1999 Statutes of Nevada, Page 2428 (Chapter 477, SB 68)ê

 

    (a) Training and education of personnel;

    (b) Acquisition of capital goods;

    (c) Management and operational studies; or

    (d) Audits.

    8.  Of the total amount deposited in the state general fund pursuant to subsections 5 and 6, the state controller shall distribute the money received, to the extent of legislative authorization, to the following public agencies in the following manner:

    (a) Not less than 51 percent must be distributed to the office of the court administrator for allocation as follows:

         (1) Eighteen and one‑half percent of the amount distributed to the office of the court administrator for the administration of the courts.

         (2) Nine percent of the amount distributed to the office of the court administrator for the development of a uniform system for judicial records.

         (3) Nine percent of the amount distributed to the office of the court administrator for continuing judicial education.

         (4) Sixty percent of the amount distributed to the office of the court administrator for the supreme court.

         (5) Three and one‑half percent of the amount distributed to the office of the court administrator for the payment for the services of retired justices and retired district judges.

    (b) Not more than 49 percent must be used to the extent of legislative  authorization for the support of:

         (1) The central repository for Nevada records of criminal history;

         (2) The peace officer’s standards and training [committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement;] commission;

         (3) The operation by the Nevada highway patrol of a computerized switching system for information related to law enforcement; and

         (4) The fund for the compensation of victims of crime.

    9.  As used in this section, “juvenile court” means:

    (a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or

    (b) In any other judicial district, the juvenile division of the district court.

    Sec. 22.  NRS 228.470 is hereby amended to read as follows:

    228.470  1.  The attorney general shall appoint a committee on domestic violence comprised of:

    (a) One staff member of a program for victims of domestic violence;

    (b) One staff member of a program for the treatment of persons who commit domestic violence;

    (c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;

    (d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

    (e) One law enforcement officer;

    (f) One provider of mental health care;

    (g) Two victims of domestic violence; and

    (h) One person who:


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ê1999 Statutes of Nevada, Page 2429 (Chapter 477, SB 68)ê

 

         (1) Has successfully completed a program for the treatment of persons who commit domestic violence;

         (2) Has not committed a violent act following such treatment; and

         (3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.

At least two members of the committee must be residents of a county whose population is less than 100,000.

    2.  The committee shall:

    (a) Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;

    (b) Review, monitor and certify programs for the treatment of persons who commit domestic violence;

    (c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the peace officers’ standards and training [committee] commission regarding such training;

    (d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and

    (e) Submit on or before March 1 of each odd-numbered year a report to the director of the legislative counsel bureau for distribution to the regular session of the legislature. The report must include, without limitation, a summary of the work of the committee and recommendations for any necessary legislation concerning domestic violence.

    3.  The committee shall, at its first meeting and annually thereafter, elect a chairman from among its members.

    4.  The committee shall meet regularly at least semiannually and may meet at other times upon the call of the chairman. Any five members of the committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.

    5.  The attorney general shall provide the committee with such staff as is necessary to carry out the duties of the committee.

    6.  While engaged in the business of the committee, each member and employee of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

    Sec. 23.  NRS 432B.610 is hereby amended to read as follows:

    432B.610  1.  The peace officers’ standards and training [committee] commission shall:

    (a) Require each category I peace officer to complete a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

    (b) Not certify any person as a category I peace officer unless he has completed the program of training required pursuant to paragraph (a).

    (c) Establish a program to provide the training required pursuant to paragraph (a).

    (d) Adopt regulations necessary to carry out the provisions of this section.

    2.  As used in this section, “category I peace officer” means:

    (a) Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers;


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ê1999 Statutes of Nevada, Page 2430 (Chapter 477, SB 68)ê

 

    (b) Personnel of the Nevada highway patrol appointed to exercise the police powers specified in NRS 481.150 and 481.180;

    (c) Marshals, policemen and correctional officers of cities and towns;

    (d) Members of the police department of the University and Community College System of Nevada;

    (e) Employees of the division of state parks of the state department of conservation and natural resources designated by the administrator of the division who exercise police powers specified in NRS 289.260;

    (f) The chief, investigators and agents of the investigation division of the department of motor vehicles and public safety; and

    (g) The personnel of the division of wildlife of the state department of conservation and natural resources who exercise those powers of enforcement conferred by Title 45 and chapter 488 of NRS.

    Sec. 24.  NRS 432B.620 is hereby amended to read as follows:

    432B.620  1.  A peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years must be certified to carry out those duties by the peace officers’ standards and training [committee.] commission.

    2.  The peace officers’ standards and training [committee] commission shall require each peace officer assigned to investigate regularly cases of sexual abuse or sexual exploitation of children under the age of 18 years to complete, within 1 year after he is assigned to investigate those cases and each year thereafter, a program of training for the detection and investigation of and response to cases of sexual abuse or sexual exploitation of children under the age of 18 years.

    3.  If a law enforcement agency does not have a peace officer who is certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of another law enforcement agency who is so certified.

    4.  The peace officers’ standards and training [committee] commission shall:

    (a) Establish the program of training required pursuant to subsection 2.

    (b) Adopt regulations necessary to carry out the provisions of this section.

    5.  The provisions of this section do not prohibit a peace officer who is not certified to investigate cases of sexual abuse or sexual exploitation of children under the age of 18 years pursuant to NRS 432B.610 from testifying or presenting evidence at any proceeding relating to the sexual abuse or sexual exploitation of a child under the age of 18 years.

    Sec. 25.  NRS 459.920 is hereby amended to read as follows:

    459.920  1.  A person or governmental entity shall not operate or display or cause to be operated or displayed a radar gun or similar device unless it is:

    (a) On the Consumer Products List of the International Association of Chiefs of Police; and

    (b) Inspected at least every 3 years to determine whether its level of power and structural integrity comply with the minimum performance specifications for that model established by the United States Department of Transportation.


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ê1999 Statutes of Nevada, Page 2431 (Chapter 477, SB 68)ê

 

    2.  Any person or governmental entity that causes to be operated or displayed a radar gun or similar device that emits nonionizing radiation shall adopt procedures for its use that protect the health and safety of the operator of the radar gun or device.

    3.  A peace officer must successfully complete a course of training in the proper use of a radar gun or similar device approved by the peace officers’ standards and training [committee of the department of motor vehicles and public safety] commission before he may be authorized to operate a radar gun or similar device.

    Sec. 26.  NRS 481.083 is hereby amended to read as follows:

    481.083  1.  Except for the operation of [the peace officers’ standards and training committee,] the investigation division, the division of emergency management, the state fire marshal division, the division of parole and probation and the capitol police division of the department, money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.

    2.  All money provided for the support of the department and its various divisions must be paid out on claims approved by the director in the same manner as other claims against the state are paid.

    Sec. 27.  NRS 481.243 is hereby amended to read as follows:

    481.243  1.  If circumstances require the appointment of persons with special skills or training, the chief of the investigation division may appoint persons as investigators who have those special skills or training and have completed the requirements for the training of a category I peace officer . [pursuant to NRS 481.053.] A person appointed as an investigator has the powers of a peace officer while carrying out the duties assigned to him by the chief or a person designated by the chief.

    2.  As used in this section, “category I peace officer” has the meaning ascribed to it in NRS 432B.610.

    Sec. 28.  1.  Notwithstanding any specific statute to the contrary, the terms of office of all members of the peace officers’ standards and training committee expire on June 30, 1999.

    2.  Notwithstanding the provisions of section 8 of this act to the contrary:

    (a) Not later than July 1, 1999, the governor shall appoint the seven persons who are members of the peace officers’ standards and training committee on the effective date of this section as the initial members of the peace officers’ standards and training commission, whose terms commence on July 1, 1999, and expire on the dates upon which their respective terms on the former peace officers’ standards and training committee would have expired.

    (b) For the terms of the members of the peace officers’ standards commission who are appointed after the terms of the initial members of the peace officers’ standards commission expire, the governor shall appoint:

         (1) Four members to serve until July 1, 2001; and

         (2) Three members to serve until July 1, 2002.


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ê1999 Statutes of Nevada, Page 2432 (Chapter 477, SB 68)ê

 

    Sec. 29.  1.  Any administrative regulations adopted by the peace officers’ standards and training committee shall be deemed to have been adopted by the peace officers’ standards and training commission and remain in force until amended by the commission.

    2.  Any contract or other agreement entered into by the peace officers’ standards and training committee shall be deemed to have been entered into, and are binding upon and may be enforced by, the peace officers’ standards and training commission.

    3.  Any certification issued or other action taken by the peace officers’ standards and training committee shall be deemed to have been issued or taken, and remains in effect as if issued or taken, by the peace officers’ standards and training commission.

    Sec. 30.  The amendatory provisions of sections 14, 15 and 16 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

    1.  Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

    2.  Are in arrears in the payment for the support of one or more children,

are repealed by the Congress of the United States.

    Sec. 31.  NRS 481.053, 481.054, 481.0541, 481.0542, 481.0543 and 481.0545 are hereby repealed.

    Sec. 32.  1.  This section and section 28 of this act become effective upon passage and approval.

    2.  Sections 1 to 17, inclusive, 19 to 27, inclusive, 29 and 30 of this act become effective on July 1, 1999.

    3.  Sections 18 and 31 of this act become effective at 12:01 a.m. on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2433ê

 

CHAPTER 478, SB 103

Senate Bill No. 103–Committee on Commerce and Labor

 

CHAPTER 478

 

AN ACT relating to professions; requiring applicants for licensure as professional engineers and land surveyors to be graduates of certain curricula approved by the state board of professional engineers and land surveyors; revising the provisions governing the active experience required of applicants for licensure as professional engineers; authorizing the state board of professional engineers and land surveyors to require certain business organizations to register with the board before engaging in or offering to engage in the practice of professional engineering or land surveying; revising the authority of the board to waive the examination on the fundamentals of engineering for certain applicants for a license as a professional engineer; revising the provisions governing the unlawful use of certain terms relating to the practice of professional engineering; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 625.170 is hereby amended to read as follows:

    625.170  1.  The executive director of the board shall, once each year or at intervals established by the board, prepare a roster that shows, for each:

    (a) Professional engineer, his name, the city in which he lives, his license number and the discipline of engineering in which he specializes.

    (b) Professional land surveyor, his name, the city in which he lives and his license number.

    (c) Engineer intern or land surveyor intern, his name and [license] certificate number.

    2.  The roster must be:

    (a) Made available to each licensee in a manner prescribed by the board.

    (b) Placed on file with the secretary of state and county and city clerks.

    (c) Distributed or sold to the public.

    Sec. 2.  NRS 625.177 is hereby amended to read as follows:

    625.177  1.  The board may require a firm, partnership, corporation or any other person who is not a natural person to [obtain a license from] register with the board before engaging in or offering to engage in the practice of professional engineering in this state. The board may charge a fee of not more than $50 to [apply for the issuance of a license] register pursuant to this section.

    2.  The board may adopt regulations to carry out the provisions of this section.

    Sec. 3.  NRS 625.179 is hereby amended to read as follows:

    625.179  1.  The board may require a firm, partnership, corporation or any other person who is not a natural person to [obtain a license from] register with the board before engaging in or offering to engage in the practice of land surveying in this state. The board may charge a fee of not more than $50 to [apply for the issuance of a license] register pursuant to this section.

    2.  The board may adopt regulations to carry out the provisions of this section.


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

ê1999 Statutes of Nevada, Page 2434 (Chapter 478, SB 103)ê

 

    Sec. 4.  NRS 625.183 is hereby amended to read as follows:

    625.183  1.  A person who:

    (a) Is 21 years of age or older; and

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional engineer.

    2.  An applicant for licensure as a professional engineer must:

    (a) Be of good character and reputation; and

    (b) Pass the examination on the:

         (1) Fundamentals of engineering or receive a waiver of that requirement; and

         (2) Principles and practices of engineering,

pursuant to NRS 625.193.

    3.  An applicant for licensure as a professional engineer may not take the examination on the principles and practices of engineering, unless he:

    (a) Is a graduate of an engineering curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in engineering that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work; or

    (b) Has a record of 10 years or more of active experience in engineering work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work.

    4.  [For the purposes of determining] To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (a) of subsection 3:

    (a) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

    (b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional engineer [,] who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

    (c) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

    5.  [For the purposes of determining] To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

    (a) Satisfactory completion of 1 year of courses in engineering that are approved by the board, by a person who has not graduated from an engineering curriculum, is equivalent to 1 year of active experience in engineering.

    (b) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

    (c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.


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

ê1999 Statutes of Nevada, Page 2435 (Chapter 478, SB 103)ê

 

    (d) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

    (e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

    6.  A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

    Sec. 5.  NRS 625.183 is hereby amended to read as follows:

    625.183  1.  A person who:

    (a) Is 21 years of age or older; and

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional engineer.

    2.  An applicant for licensure as a professional engineer must:

    (a) Be of good character and reputation; and

    (b) Pass the examination on the:

         (1) Fundamentals of engineering or receive a waiver of that requirement; and

         (2) Principles and practices of engineering,

pursuant to NRS 625.193.

    3.  An applicant for licensure as a professional engineer may not take the examination on the principles and practices of engineering, unless he [:

    (a) Is] is a graduate of an engineering curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in engineering that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work . [; or

    (b) Has a record of 10 years or more of active experience in engineering work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of engineering work.]

    4.  To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to [paragraph (a) of] subsection 3:

    (a) [Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

    (b)] Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

    [(c)] (b) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

    5.  [To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to paragraph (b) of subsection 3:


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

ê1999 Statutes of Nevada, Page 2436 (Chapter 478, SB 103)ê

 

    (a) Satisfactory completion of 1 year of courses in engineering that are approved by the board, by a person who has not graduated from an engineering curriculum, is equivalent to 1 year of active experience in engineering.

    (b) Graduation from a college or university in a field other than engineering is equivalent to 2 years of active experience.

    (c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the board.

    (d) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

    (e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

    6.]  A person who is not working in the field of engineering when he applies for licensure is eligible for licensure as a professional engineer if he complies with the requirements for licensure prescribed in this chapter.

    Sec. 6.  NRS 625.193 is hereby amended to read as follows:

    625.193  1.  The examination for licensure as a professional engineer must consist of:

    (a) An 8-hour examination on the fundamentals of engineering that must cover the subject matter of a general education or training in engineering. If the applicant for licensure as a professional engineer has graduated from an engineering curriculum that is approved by the board and has 15 years or more of experience in engineering, the examination on the fundamentals of engineering may be waived [. For the purposes of determining the years of experience of an applicant for licensure as a professional engineer pursuant to this paragraph, the board shall consider graduation from an engineering curriculum that is approved by the board to be equivalent to 4 years of experience.] by the board.

    (b) An 8-hour examination on the principles and practices of engineering that must cover the discipline of engineering in which the applicant is applying for licensure.

    2.  An applicant for licensure as a professional engineer must pass the examination on the fundamentals of engineering or receive a waiver of that requirement before he may take the examination on the principles and practices of engineering.

    3.  When determining the content of the examinations on the fundamentals of engineering and the principles and practices of engineering, the board shall consider the recognized disciplines of engineering and may conform the examination to the particular qualifications of the applicant.

    4.  The board may require additional examinations for licensure in specialized areas of practice within one or more recognized disciplines of engineering.

    5.  The board may administer or authorize an accredited college or university that offers a program in engineering approved by the board to administer the examination on the fundamentals of engineering to persons who are not applicants for licensure as professional engineers in this state.


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

ê1999 Statutes of Nevada, Page 2437 (Chapter 478, SB 103)ê

 

    6.  The board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.

    7.  The board may require the examinations or any portion of the examinations set forth in this section to be completed:

    (a) In writing, with a pen or pencil of a type that has been approved by the board;

    (b) With a computer that has been provided or approved by the board; or

    (c) Orally, in the manner prescribed by the board.

    Sec. 7.  NRS 625.270 is hereby amended to read as follows:

    625.270  1.  A person who:

    (a) Is 21 years of age or older; and

    (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

may apply to the board, in accordance with the provisions of this chapter and any regulations adopted by the board, for licensure as a professional land surveyor.

    2.  An applicant for licensure as a professional land surveyor must:

    (a) Be of good character and reputation; and

    (b) Pass the examination on the:

         (1) Fundamentals of land surveying or receive a waiver of that requirement; and

         (2) Principles and practices of land surveying,

pursuant to NRS 625.280.

    3.  An applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless he [:

    (a) Is] is a graduate of a land-surveying curriculum of 4 years or more that is approved by the board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work . [; or

    (b) Has a record of 10 years or more of active experience in land-surveying work that is satisfactory to the board and indicates that he is competent to be placed in responsible charge of land-surveying work.

    4.  For the purposes of determining]

    4.  To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to [paragraph (a) of] subsection 3:

    (a) [Graduation from a college or university in a field other than land surveying is equivalent to 2 years of active experience.

    (b)] Two of the 4 years of active experience must have been completed by working under the direct supervision of a [person who is a] professional land surveyor, unless that requirement is waived by the board.

    [(c)] (b) The execution, as a contractor, of work designed by a professional land surveyor , or the supervision of the construction of that work [,] as a foreman or superintendent, is not equivalent to active experience in land surveying.


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

ê1999 Statutes of Nevada, Page 2438 (Chapter 478, SB 103)ê

 

    5.  [For the purposes of determining whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to paragraph (b) of subsection 3:

    (a) Satisfactory completion of 1 year of courses in land surveying that are approved by the board, by a person who has not graduated from a land-surveying curriculum, is equivalent to 1 year of active experience in land surveying.

    (b) Graduation from a college or university in a field other than land surveying is equivalent to 2 years of active experience.

    (c) Two of the 10 years of active experience must have been completed by working under the direct supervision of a person who is a professional land surveyor unless that requirement is waived by the board.

    (d) The execution, as a contractor, of work designed by a professional land surveyor or the supervision of the construction of that work, as a foreman or superintendent, is not equivalent to active experience in land surveying.

    (e) Not more than 4 years of active experience may be satisfied by the completion of educational course work.

    6.]  A person who is not working in the field of land surveying when he applies for licensure is eligible for licensure as a professional land surveyor if he complies with the requirements for licensure prescribed in this chapter.

    Sec. 8.  NRS 625.381 is hereby amended to read as follows:

    625.381  1.  The board shall issue a license to practice professional engineering or land surveying to any applicant who, in the opinion of the board, has [satisfactorily met] complied with all the requirements of this chapter concerning professional engineers or professional land surveyors, respectively.

    2.  A license to practice professional engineering or land surveying must:

    (a) [Show] Set forth the full name of the licensee.

    (b) Include the number of the license.

    (c) Be signed by the chairman and executive director under the seal of the board.

    (d) Authorize the practice of professional engineering in the discipline for which the applicant has qualified or the practice of land surveying, respectively.

    3.  The issuance of a license to practice professional engineering or land surveying by the board is evidence that the [person named thereon] licensee is entitled to all the rights and privileges of a professional engineer or professional land surveyor, respectively, while the license remains [unrevoked or unexpired.] on active status.

    Sec. 9.  NRS 625.382 is hereby amended to read as follows:

    625.382  1.  The board may issue a license to practice professional engineering or land surveying to an applicant, upon presentation of evidence that he is licensed to practice professional engineering or land surveying, respectively, and in good standing in a state, territory, possession of the United States or country that maintains standards of engineering or land-surveying licensure, equivalent to those in [Nevada,] this state, if the applicant, in the judgment of the board, has the necessary qualifications pursuant to the provisions of this chapter.


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

ê1999 Statutes of Nevada, Page 2439 (Chapter 478, SB 103)ê

 

    2.  The board may require an applicant for licensure as a professional engineer or professional land surveyor pursuant to subsection 1 to pass a written or oral examination conducted by not less than three professional engineers or professional land surveyors . [, respectively.]

    Sec. 10.  NRS 625.385 is hereby amended to read as follows:

    625.385  1.  The board shall certify as an engineer intern or land surveyor intern any person qualified pursuant to the provisions of this chapter.

    2.  A person certified as an engineer intern or land surveyor intern pursuant to subsection 1 may practice only engineering or land surveying, respectively, as a subordinate. Any work performed by an engineer intern or land surveyor intern may, if deemed of a satisfactory nature by the board, be applied toward the requirements for experience set forth in NRS 625.183 and 625.270 for [certification] licensure as an engineer [intern] or land surveyor , [intern,] respectively.

    Sec. 11.  NRS 625.407 is hereby amended to read as follows:

    625.407  1.  Except as otherwise provided in this section:

    (a) A firm, partnership, corporation or other person engaged in or offering to engage in the practice of engineering or land surveying in this state shall employ full time at least one professional engineer or professional land surveyor, respectively, at each place of business where [such] the work is or will be performed; and

    (b) All engineering or land-surveying work done at a place of business must be performed under a professional engineer or professional land surveyor, respectively, who has been placed in responsible charge of the work and who is employed full time at that particular place of business.

    2.  If the only professional engineer or professional land surveyor employed full time at a place of business where engineering or land-surveying work is performed ceases to be employed at that place of business, during the 30 days next following his departure:

    (a) The place of business is not required to employ full time a professional engineer or professional land surveyor; and

    (b) The professional engineer or professional land surveyor placed in responsible charge of engineering or land-surveying work performed at the place of business is not required to be employed full time at that place of business.

    3.  Except as otherwise provided in subsection 5:

    (a) A firm, partnership, corporation or other person who performs or offers to perform engineering services in a certain discipline at a particular place of business in this state shall employ full time at that place of business a professional engineer licensed in that discipline.

    (b) Each person who holds himself out as practicing a certain discipline of engineering must be licensed in that discipline or employ full time a professional engineer licensed in that discipline.

    4.  Architects, registered interior designers, residential designers, professional engineers and landscape architects may, in accordance with the provisions of NRS 623.349, join or form a partnership, corporation, limited-liability company or other business organization or association with registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.


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

ê1999 Statutes of Nevada, Page 2440 (Chapter 478, SB 103)ê

 

registrants and licensees outside of their field of practice, or with persons who are not registered or licensed.

    5.  The provisions of this section do not apply to a firm, partnership, corporation or other person who:

    (a) Practices professional engineering for his benefit and does not engage in the practice of professional engineering or offer professional engineering services to other persons; or

    (b) Is engaged in the practice of professional engineering or land surveying in offices established for limited or temporary purposes, including offices established for the convenience of field survey crews or offices established for inspecting construction.

    Sec. 12.  NRS 625.520 is hereby amended to read as follows:

    625.520  1.  Except as otherwise provided in subsection 4, it is unlawful for:

    (a) Any person not properly licensed or exempted in accordance with the provisions of this chapter to:

         (1) Practice, continue to practice, solicit to practice, offer to practice or attempt to practice engineering or any discipline thereof;

         (2) Employ, use or cause to be used [any of the following terms] the term “licensed engineer,” “professional engineer” or “registered engineer” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit ; [, namely, “engineer,” “engineering,” “engineered,” “professional engineer” or “licensed engineer”; or]

         (3) Employ, use or cause to be used the term “engineer,” “engineering” or “engineered” or any combination, variation or abbreviation thereof as a professional or commercial identification, representation, claim, asset or means of advantage or benefit without disclosing that he is not qualified, registered or licensed to practice professional engineering in this state; or

         (4) Directly or indirectly employ any means which in any manner tends or is likely to [create the impression on] mislead the public or any member thereof that any person is qualified or authorized to practice engineering.

    (b) Any professional engineer to practice or offer to practice a discipline of professional engineering in which the board has not qualified him.

    (c) Any person to present or attempt to use, as his own, the license or [the] stamp of another person.

    (d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a license.

    (e) Any person to impersonate [any other] a licensee of a like or different name.

    (f) Any person to attempt to use an expired, suspended or revoked license.

    (g) Any person to violate any of the provisions of this chapter.

    2.  [Whenever] If any person is engaging or is about to engage in any act or practice that constitutes a violation of this chapter, the district court in any county [, if the court] which would have jurisdiction over the violation, may, upon application of the board, issue an injunction or restraining order against the act or practice pursuant to Rule 65 of the Nevada Rules of Civil Procedure.


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

ê1999 Statutes of Nevada, Page 2441 (Chapter 478, SB 103)ê

 

    3.  This section does not prevent a contractor licensed in accordance with the provisions of chapter 624 of NRS from using the term “engineer” or “engineering” if the term is used by the state contractors’ board in describing a specific classification.

    4.  [Subparagraph (2)] The provisions of subparagraph (3) of paragraph (a) of subsection 1 [does] do not apply to any corporation using such a term in its corporate name, if the corporation:

    (a) [Filed] Files its articles of incorporation with the secretary of state ; [on or before September 30, 1991;] and

    (b) Files with the board a written statement signed by a corporate officer under penalty of perjury in which he states that the corporation:

         (1) Is not practicing or offering to practice engineering in this state; and

         (2) Will not do so unless [and until] it is [properly] licensed or exempted in accordance with the provisions of this chapter.

    5.  Any person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor.

    Sec. 13.  NRS 78.045 is hereby amended to read as follows:

    78.045  1.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the laws of this state which provides that the name of the corporation [contain] contains the word “bank” or “trust,” unless:

    (a) It appears from the articles or the certificate of amendment that the corporation proposes to carry on business as a banking or trust company, exclusively or in connection with its business as a bank or savings and loan association; and

    (b) The articles or certificate of amendment is first approved by the commissioner of financial institutions.

    2.  The secretary of state shall not accept for filing any articles of incorporation or any certificate of amendment of articles of incorporation of any corporation formed pursuant to the provisions of this chapter [when] if it appears from the articles or the certificate of amendment that the business to be carried on by the corporation is subject to supervision by the commissioner of insurance or by the commissioner of financial institutions, unless the articles or certificate of amendment is [first] approved by the commissioner who will [be supervising] supervise the business of the corporation.

    3.  Except as otherwise provided in subsection 4, the secretary of state shall not accept for filing any articles of incorporation or any certificate or amendment of articles of incorporation of any corporation formed pursuant to the laws of this state if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer,” “registered engineer” or “licensed engineer” unless:

    (a) The state board of professional engineers and land surveyors certifies that the principals of the corporation are licensed to practice engineering pursuant to the laws of this state; or

    (b) The state board of professional engineers and land surveyors certifies that the corporation is exempt from the prohibitions of NRS 625.520.


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

ê1999 Statutes of Nevada, Page 2442 (Chapter 478, SB 103)ê

 

    4.  The provisions of subsection 3 do not apply to any corporation, whose securities are publicly traded and regulated by the Securities Exchange Act of 1934, which does not engage in the practice of professional engineering.

    5.  The commissioner of financial institutions and the commissioner of insurance may approve or disapprove the articles or amendments referred to them pursuant to the provisions of this section.

    Sec. 14.  NRS 80.010 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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


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

ê1999 Statutes of Nevada, Page 2443 (Chapter 478, SB 103)ê

 

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

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

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

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

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

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

    Sec. 15.  Section 2 of Senate Bill No. 19 of this session is hereby amended to read as follows:

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

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

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

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

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

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

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

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


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

ê1999 Statutes of Nevada, Page 2444 (Chapter 478, SB 103)ê

 

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

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

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

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

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

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

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

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

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

    Sec. 16.  The amendatory provisions of this act do not apply to offenses committed before the effective date of section 12 of this act.

    Sec. 17.  If a land‑surveying curriculum of 4 years or more is established at a university within the University and Community College System of Nevada, the board of regents of the University of Nevada shall, not later than 30 days after the curriculum is established:

    1.  Publicly declare that the curriculum has been established at the university; and

    2.  Provide written notification of the declaration to:

    (a) The director of the legislative counsel bureau; and


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

ê1999 Statutes of Nevada, Page 2445 (Chapter 478, SB 103)ê

 

    (b) The executive director of the state board of professional engineers and land surveyors.

    Sec. 18.  1.  This section and sections 1 to 4, inclusive, 6 and 8 to 17, inclusive, of this act become effective upon passage and approval.

    2.  Section 5 of this act becomes effective on July 1, 2010.

    3.  Section 7 of this act becomes effective on July 1, 2010, if the board of regents of the University of Nevada publicly declares the establishment of the curriculum specified in section 17 of this act on or before July 1, 2006.

________

 

CHAPTER 479, SB 132

Senate Bill No. 132–Committee on Commerce and Labor

 

CHAPTER 479

 

AN ACT relating to industrial insurance; providing for the availability of benefits to certain police officers and firemen for exposure to a contagious disease; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

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

    “Police officer” has the meaning ascribed to it in NRS 617.135.

    Sec. 2.  NRS 616A.025 is hereby amended to read as follows:

    616A.025  As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 616A.035 is hereby amended to read as follows:

    616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

    2.  The term includes [medical] :

    (a) Medical benefits as defined by NRS 617.130 [and any preventive] ;

    (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment [.] ; and

    (c) Preventive treatment administered as a precaution to a police officer or a salaried or volunteer fireman who was exposed to a contagious disease:

         (1) Upon battery by an offender; or

         (2) While performing the duties of a police officer or fireman,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act.

    3.  The term does not include:

    (a) Exercise equipment, a hot tub or a spa for an employee’s home;

    (b) Membership in an athletic or health club;


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ê1999 Statutes of Nevada, Page 2446 (Chapter 479, SB 132)ê

 

    (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

    (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

    4.  As used in this section, the term:

    (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    (b) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which he was exposed.

    Sec. 4.  NRS 616A.265 is hereby amended to read as follows:

    616A.265  1.  “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Any injury sustained by an employee while engaging in an athletic or social event sponsored by his employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

    2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

    (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his employment.

    (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his employment.

    (c) The exposure to a contagious disease of a police officer or a salaried or volunteer fireman who was exposed to the contagious disease:

         (1) Upon battery by an offender; or

         (2) While performing the duties of a police officer or fireman,

shall be deemed to be an injury by accident sustained by the police officer or fireman arising out of and in the course of his employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of section 5 of this act. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    Sec. 5.  Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  If a police officer or a salaried or volunteer fireman is exposed to a contagious disease:

    (a) Upon battery by an offender; or

    (b) While performing the duties of a police officer or fireman,

the employer of the police officer or fireman shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer or fireman, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.


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ê1999 Statutes of Nevada, Page 2447 (Chapter 479, SB 132)ê

 

contagious disease and the name of each person, if any, to whom the police officer or fireman was exposed.

    2.  If the employment of a police officer or a salaried or volunteer fireman is terminated, voluntarily or involuntarily, the employer of the police officer or fireman shall, at the time of termination and at 6 and 12 months after the date of termination, provide to the police officer or fireman a blood test to screen for contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C, tuberculosis and human immunodeficiency virus. If a blood test administered pursuant to this subsection and provided to the employer reveals that a former police officer or a former salaried or volunteer fireman has a contagious disease or the antibodies associated with a contagious disease, the police officer or fireman is eligible, during his lifetime, to receive compensation for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS. The former employer of a police officer or a salaried or volunteer fireman shall pay all the costs associated with providing blood tests required pursuant to this subsection.

    3.  As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

    Sec. 6.  NRS 616C.160 is hereby amended to read as follows:

    616C.160  If, after a claim for compensation is filed pursuant to NRS 616C.020:

    1.  The injured employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and

    2.  The employee’s medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b) or (c) of subsection 2 of NRS 616A.265,

the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury or disease for which treatment is being sought and the original accident.

    Sec. 7.  The provisions of this act do not apply to an employee who, before July 1, 1999, is receiving compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

    Sec. 8.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2448ê

 

CHAPTER 480, SB 152

Senate Bill No. 152–Committee on Transportation

 

CHAPTER 480

 

AN ACT relating to traffic laws; revising the definition of the phrase describing the minimum content of alcohol required to be in the blood or breath of a person for the person to be considered to be operating a vehicle or vessel under the influence of intoxicating liquor; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 483.025 is hereby amended to read as follows:

    483.025  [“0.02 percent] The phrase “concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [” means a concentration of alcohol in the blood or breath of a person of] or breath” means 0.02 gram or more but less than 0.10 gram [by weight] of alcohol per 100 milliliters of [his] the blood of a person or per 210 liters of his breath.

    Sec. 2.  NRS 483.461 is hereby amended to read as follows:

    483.461  1.  If the result of a test given pursuant to NRS 484.382 or 484.383 shows that a person less than 21 years of age had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood or breath at the time of the test, his license, permit or privilege to drive must be suspended for a period of 90 days.

    2.  If a revocation or suspension of a person’s license, permit or privilege to drive for a violation of NRS 62.227, 484.379 or 484.3795 follows a suspension ordered pursuant to subsection 1, the department shall:

    (a) Cancel the suspension ordered pursuant to subsection 1; and

    (b) Give the person credit toward the period of revocation or suspension ordered pursuant to NRS 62.227, 484.379 or 484.3795, whichever is applicable, for any period during which the person’s license, permit or privilege to drive was suspended pursuant to subsection 1.

    3.  This section does not preclude:

    (a) The prosecution of a person for a violation of any other provision of law; or

    (b) The suspension or revocation of a person’s license, permit or privilege to drive pursuant to any other provision of law.

    Sec. 3.  NRS 483.462 is hereby amended to read as follows:

    483.462  1.  A peace officer who has received the result of a test given pursuant to NRS 484.382 or 484.383 which indicates that a person less than 21 years of age to whom the test was given had a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood or breath shall prepare a written certificate indicating whether the peace officer:

    (a) Had reasonable grounds to believe that the person was driving under the influence of alcohol;

    (b) Served an order of suspension on the person pursuant to subsection 2; and

    (c) Issued the person a temporary license pursuant to subsection 2.


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ê1999 Statutes of Nevada, Page 2449 (Chapter 480, SB 152)ê

 

    2.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [,] or breath, the peace officer shall:

    (a) Serve an order of suspension of the license, permit or privilege;

    (b) Seize any license or permit of the person;

    (c) Advise the person of his right to:

         (1) Administrative and judicial review of the suspension; and

         (2) Have a temporary license;

    (d) If the person requests a temporary license, issue the person a temporary license on a form approved by the department which becomes effective 24 hours after he receives the temporary license and expires 120 hours after it becomes effective; and

    (e) Transmit to the department:

         (1) Any license or permit seized pursuant to paragraph (b); and

         (2) The written certificate which the peace officer is required to prepare pursuant to subsection 1.

    3.  If a person less than 21 years of age to whom a test is given pursuant to NRS 484.382 or 484.383 is not present when a peace officer receives the result of the test and the test indicates that the person has a concentration of alcohol of 0.02 or more but less than 0.10 [percent by weight of alcohol] in his blood [,] or breath, the peace officer shall transmit to the department a copy of the result of the test and the written certificate which the peace officer is required to prepare pursuant to subsection 1.

    4.  The department, upon receiving a copy of the result of the test and the written certificate transmitted by the peace officer pursuant to subsection 3, shall:

    (a) Review the result of the test and the written certificate; and

    (b) If the department determines that it is appropriate, issue an order to suspend the license, permit or privilege to drive of the person by mailing the order to the person at his last known address.

    5.  An order for suspension issued by the department pursuant to subsection 4 must:

    (a) Explain the grounds for the suspension;

    (b) Indicate the period of the suspension;

    (c) Require the person to transmit to the department any license or permit held by the person; and

    (d) Explain that the person has a right to administrative and judicial review of the suspension.

    6.  An order for suspension issued by the department pursuant to subsection 4 is presumed to have been received by the person 5 days after the order is deposited, postage prepaid, in the United States mail by the department. The date of mailing of the order may be shown by a certificate that is prepared by an officer or employee of the department specifying the date of mailing.


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ê1999 Statutes of Nevada, Page 2450 (Chapter 480, SB 152)ê

 

    Sec. 4.  NRS 483.463 is hereby amended to read as follows:

    483.463  1.  At any time during which the license, permit or privilege to drive is suspended pursuant to NRS 483.462, the person may request in writing a hearing by the department to review the order of suspension. A person is entitled to only one administrative hearing pursuant to this section.

    2.  Unless the parties agree otherwise, the hearing must be conducted within 15 days after receipt of the request or as soon thereafter as is practicable in the county in which the requester resides.

    3.  The director or his agent may:

    (a) Issue subpoenas for:

         (1) The attendance of witnesses at the hearing; and

         (2) The production of relevant books and papers; and

    (b) Require a re-examination of the requester.

    4.  The scope of the hearing must be limited to the issues of whether the person, at the time of the test:

    (a) Was less than 21 years of age; and

    (b) Had a concentration of alcohol of 0.02 [percent] or more but less than 0.10 [percent by weight of alcohol] in his blood [.] or breath.

    5.  The department shall issue the person a temporary license for a period that is sufficient to complete the administrative hearing.

    6.  Upon an affirmative finding on the issues listed in subsection 4, the department shall affirm the order of suspension. Otherwise, the order of suspension must be rescinded.

    7.  If the order of suspension is affirmed by the department, the person is entitled to judicial review of the issues listed in subsection 4 in the manner provided in chapter 233B of NRS.

    8.  The court shall notify the department upon issuing a stay. Upon receiving such notice, the department shall issue an additional temporary license for a period that is sufficient to complete the judicial review.

    9.  The hearing officer or the court shall notify the department if the hearing officer grants a continuance of the administrative hearing or the court grants a continuance after issuing a stay of the suspension. Upon receiving such notice, the department shall cancel any temporary license granted pursuant to this section and notify the holder by mailing an order of cancellation to the last known address of the holder.

    Sec. 5.  NRS 483.922 is hereby amended to read as follows:

    483.922  1.  Except as otherwise provided in NRS 484.383, a person who drives or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or to detect the presence of a controlled substance in his system.

    2.  The tests must be administered pursuant to NRS 484.383 at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has reasonable grounds to believe that the driver was driving a commercial motor vehicle while under the influence of intoxicating liquor or a controlled substance.


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ê1999 Statutes of Nevada, Page 2451 (Chapter 480, SB 152)ê

 

    Sec. 6.  NRS 484.0135 is hereby amended to read as follows:

    484.0135  The phrase [“0.10 percent] “concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person of] or breath” means 0.10 gram or more [by weight] of alcohol [:

    1.  Per] per 100 milliliters of [his blood; or

    2.  Per] the blood of a person or per 210 liters of his breath.

    Sec. 7.  NRS 484.379 is hereby amended to read as follows:

    484.379  1.  It is unlawful for any person who:

    (a) Is under the influence of intoxicating liquor;

    (b) Has [0.10 percent] a concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [;] or breath; or

    (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

    2.  It is unlawful for any person who is an habitual user of or under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this state is not a defense against any charge of violating this subsection.

    3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

    Sec. 8.  NRS 484.37943 is hereby amended to read as follows:

    484.37943  1.  If a person is found guilty of a first violation, if the [weight] concentration of alcohol in the defendant’s blood or breath at the time of the offense was 0.18 [percent] or more, or any second violation of NRS 484.379 within 7 years, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.

    2.  If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.


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ê1999 Statutes of Nevada, Page 2452 (Chapter 480, SB 152)ê

 

    3.  Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

    (a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;

    (b) A physician certified to make that evaluation by the board of medical examiners; or

    (c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation,

who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

    4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

    5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

    6.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.

    Sec. 9.  NRS 484.3795 is hereby amended to read as follows:

    484.3795  1.  A person who:

    (a) Is under the influence of intoxicating liquor;

    (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

    (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

    (d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

    (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.


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ê1999 Statutes of Nevada, Page 2453 (Chapter 480, SB 152)ê

 

and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

    3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

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

    Sec. 10.  NRS 484.382 is hereby amended to read as follows:

    484.382  1.  Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to a preliminary test of his breath for the purpose of determining the [alcoholic content of] concentration of alcohol in his breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he stops a vehicle, if the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

    2.  If the person fails to submit to the test, the officer shall seize his license or permit to drive as provided in NRS 484.385 and arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 484.383.

    3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

    Sec. 11.  NRS 484.383 is hereby amended to read as follows:

    484.383  1.  Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content of] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.


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ê1999 Statutes of Nevada, Page 2454 (Chapter 480, SB 152)ê

 

police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

    2.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

    3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

    4.  If the [alcoholic content of] concentration of alcohol in the blood or breath of the person to be tested is in issue:

    (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

    (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

    (c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

         (1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or

         (2) Has been convicted within the previous 7 years of:

             (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

             (II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

    5.  If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

    6.  Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.

    7.  If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.


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ê1999 Statutes of Nevada, Page 2455 (Chapter 480, SB 152)ê

 

of tests for determining the [alcoholic content] concentration of alcohol or presence of a controlled substance in his blood.

    8.  If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall, before testing the person, make a reasonable attempt to notify the parent, guardian or custodian of the person, if known.

    Sec. 12.  NRS 484.384 is hereby amended to read as follows:

    484.384  1.  If the result of a test given under NRS 484.382 or 484.383 shows that a person had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath at the time of the test, his license, permit or privilege to drive must be revoked as provided in NRS 484.385 and he is not eligible for a license, permit or privilege for a period of 90 days.

    2.  If a revocation of a person’s license, permit or privilege to drive under NRS 62.227 or 483.460 follows a revocation under subsection 1 which was based on his having a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath, the department shall cancel the revocation under that subsection and give the person credit for any period during which he was not eligible for a license, permit or privilege.

    3.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

    Sec. 13.  NRS 484.385 is hereby amended to read as follows:

    484.385  1.  As agent for the department, the officer who obtained the result of a test given pursuant to NRS 484.382 or 484.383 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or has a detectable amount of a controlled substance in his system, if that person is present, and shall seize his license or permit to drive. The officer shall then advise him of his right to administrative and judicial review of the revocation and to have a temporary license, and shall issue him a temporary license on a form approved by the department if he requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the department along with the written certificate required by subsection 2.

    2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or had a detectable amount of a controlled substance in his system, the officer shall immediately prepare and transmit to the department, together with the seized license or permit and a copy of the result of the test, a written certificate that he had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or with a detectable amount of a controlled substance in his system, as determined by a chemical test. The certificate must also indicate whether the officer served an order of revocation on the person and whether he issued the person a temporary license.


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

ê1999 Statutes of Nevada, Page 2456 (Chapter 480, SB 152)ê

 

revocation on the person and whether he issued the person a temporary license.

    3.  The department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at his last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order of revocation becomes effective 5 days after mailing.

    4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484.387 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

    5.  As used in this section, “controlled substance” means any of the following substances for which a valid prescription has not been issued to the consumer:

    (a) Amphetamine;

    (b) Benzoylecgonine;

    (c) Cocaine;

    (d) Heroin;

    (e) Lysergic acid diethylamide;

    (f) Mecloqualone;

    (g) Mescaline;

    (h) Methamphetamine;

    (i) Methaqualone;

    (j) Monoacetylmorphine;

    (k) Phencyclidine;

    (l) N-ethylamphetamine;

    (m) N, N-dimethylamphetamine;

    (n) 2, 5-dimethoxyamphetamine;

    (o) 3, 4-methylenedioxyamphetamine;

    (p) 3, 4, 5-trimethoxyamphetamine;

    (q) 4-bromo-2, 5-dimethoxyamphetamine;

    (r) 4-methoxyamphetamine;

    (s) 4-methyl-2, 5-dimethoxyamphetamine;

    (t) 5-dimethoxy-alpha-methylphenethylamine; or

    (u) 5-methoxy-3, 4-methylenedioxyamphetamine,

if the substance is classified in schedule I or II pursuant to NRS 453.166 or 453.176 at the time the substance is consumed.


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ê1999 Statutes of Nevada, Page 2457 (Chapter 480, SB 152)ê

 

    Sec. 14.  NRS 484.386 is hereby amended to read as follows:

    484.386  1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

    (a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

    (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

    (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 484.383, the fourth evidentiary test must be a blood test.

    2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the [percentage.] concentration.

    3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a police officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 484.383.

    Sec. 15.  NRS 484.387 is hereby amended to read as follows:

    484.387  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484.385, he may request in writing a hearing by the department to review the order of revocation, but he is only entitled to one hearing. The hearing must be conducted within 15 days after receipt of the request, or as soon thereafter as is practicable, in the county where the requester resides unless the parties agree otherwise. The director or his agent may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. The department shall issue an additional temporary license for a period which is sufficient to complete the administrative review.

    2.  The scope of the hearing must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood or breath or a detectable amount of a controlled substance in his system. Upon an affirmative finding on this issue, the department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

    3.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the department upon the issuance of a stay and the department shall issue an additional temporary license for a period which is sufficient to complete the review.


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ê1999 Statutes of Nevada, Page 2458 (Chapter 480, SB 152)ê

 

    4.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the department, and the department shall cancel the temporary license and notify the holder by mailing the order of cancellation to his last known address.

    Sec. 16.  NRS 484.3882 is hereby amended to read as follows:

    484.3882  1.  The committee on testing for intoxication shall:

    (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] concentration of alcohol in the person’s breath; 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] concentration of alcohol in the person’s breath, the committee may:

    (a) 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.

    3.  If such a device has been certified by the committee to be accurate and reliable pursuant to  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] concentration of alcohol in the person’s breath.

    4.  This section does not preclude the admission of evidence of the [amount] concentration 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. 17.  NRS 484.3884 is hereby amended to read as follows:

    484.3884  1.  The committee on testing for intoxication shall adopt regulations which:

    (a) Prescribe standards and procedures for calibrating devices used for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath. The regulations must specify the period within which a law enforcement agency that uses such a device must calibrate it or have it calibrated by the director or his agent.

    (b) Establish methods for ascertaining the competence of persons to calibrate such devices and provide for the examination and certification of those persons by the department. A certificate issued by the department may not be made effective for longer than 3 years.

    (c) Prescribe the form and contents of records respecting the calibration of such devices which must be kept by a law enforcement agency and any other records respecting the maintenance or operation of those devices which it finds should be kept by such an agency.


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ê1999 Statutes of Nevada, Page 2459 (Chapter 480, SB 152)ê

 

    2.  The director shall issue a certificate to any person who is found competent to calibrate such a device or examine others on their competence in that calibration.

    Sec. 18.  NRS 484.3886 is hereby amended to read as follows:

    484.3886  1.  The committee on testing for intoxication shall adopt regulations which:

    (a) Establish methods for ascertaining the competence of persons to:

         (1) Operate devices for testing a person’s breath to determine the [percent by weight] concentration of alcohol in the person’s breath.

         (2) Examine prospective operators and determine their competence.

    (b) Provide for certification of operators and examiners by the department. A certificate issued by the department may not be made effective for longer than 3 years.

A person who is certified as an examiner is presumed to be certified as an operator.

    2.  The director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.

    3.  A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the [amount] concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.

    4.  This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.

    Sec. 19.  NRS 484.3888 is hereby amended to read as follows:

    484.3888  1.  The committee on testing for intoxication may adopt regulations that require:

    (a) The calibration of devices which are used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine;

    (b) The certification of persons who make those calibrations;

    (c) The certification of persons who operate devices for testing a person’s blood or urine to determine the [amount] concentration of alcohol or presence of a controlled substance in the person’s blood or urine; and

    (d) The certification of persons who examine those operators.

    2.  The committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the [amount] concentration of alcohol or the presence of a controlled substance in the person’s blood or urine.

    Sec. 20.  NRS 484.391 is hereby amended to read as follows:

    484.391  1.  A person arrested for driving a vehicle while under the influence of intoxicating liquor or a controlled substance shall be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.


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ê1999 Statutes of Nevada, Page 2460 (Chapter 480, SB 152)ê

 

    2.  The failure or inability to obtain such a test or tests by such person shall not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer.

    3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383.

    Sec. 21.  NRS 484.3935 is hereby amended to read as follows:

    484.3935  If:

    1.  A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and

    2.  The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

    Sec. 22.  NRS 484.394 is hereby amended to read as follows:

    484.394  1.  Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, passenger or pedestrian, cause to be drawn from each decedent, within 8 hours of the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

    2.  The findings of the examinations are a matter of public record and must be reported to the department by the coroner or other public official within 30 days [of] after the death.

    3.  Blood-alcohol analyses are acceptable only if made by laboratories licensed to perform this function.

    Sec. 23.  NRS 484.3941 is hereby amended to read as follows:

    484.3941  As used in NRS 484.3941 to 484.3947, inclusive, unless the context otherwise requires, “device” means a mechanism that:

    1.  Tests a person’s breath to determine the concentration of alcohol in his breath; and

    2.  If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevents the motor vehicle in which it is installed from starting.

    Sec. 24.  NRS 484.3947 is hereby amended to read as follows:

    484.3947  1.  The committee on testing for intoxication shall on or before January 1, 1990, adopt regulations which:

    (a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, prevent the motor vehicle in which it is installed from starting.


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ê1999 Statutes of Nevada, Page 2461 (Chapter 480, SB 152)ê

 

    (b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the director or his agent, and other records respecting the maintenance and operation of the devices which it finds should be kept by the director or his agent.

    2.  The committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the director or his agent.

    3.  If a model of a device has been certified by the committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his [breath that is equal to or greater than 0.02 grams of alcohol per 210 liters of] breath, will prevent the motor vehicle in which it is installed from starting.

    Sec. 25.  NRS 484.791 is hereby amended to read as follows:

    484.791  1.  Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:

    (a) Homicide by vehicle;

    (b) Driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or with a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

    (c) Driving or being in actual physical control of a vehicle while under the influence of any controlled substance, under the combined influence of intoxicating liquor and a controlled substance, or after ingesting, applying or otherwise using any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle;

    (d) Failure to stop, give information or render reasonable assistance in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.219 and 484.223;

    (e) Failure to stop or give information in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.221 and 484.225;

    (f) Reckless driving;

    (g) Driving a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended; or

    (h) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him pursuant to NRS 483.490.

    2.  Whenever any person is arrested as authorized in this section he must be taken without unnecessary delay before the proper magistrate as specified in NRS 484.803, except that in the case of either of the offenses designated in paragraphs (e) and (f) of subsection 1 a peace officer has the same discretion as is provided in other cases in NRS 484.795.


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ê1999 Statutes of Nevada, Page 2462 (Chapter 480, SB 152)ê

 

    Sec. 26.  NRS 488.405 is hereby amended to read as follows:

    488.405  As used in NRS 488.410 and 488.420, the phrase [“0.10 percent] “concentration of alcohol of 0.10 or more [by weight of alcohol] in his blood [” includes a concentration of alcohol in the blood or breath of a person] or breath” means 0.10 gram or more [by weight of alcohol:

    1.  Per] per 100 milliliters of [his blood; or

    2.  Per] the blood of a person or per 210 liters of his breath.

    Sec. 27.  NRS 488.407 is hereby amended to read as follows:

    488.407  1.  Except as otherwise provided in subsections 5 and 6, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

    2.  If a person refuses to submit to such a test as directed by a peace officer, evidence of that refusal is admissible in any criminal action to determine whether the person was operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.

    3.  The person to be tested must be informed that his refusal to submit to the test is admissible pursuant to subsection 2.

    4.  Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that evidence of his refusal to submit to the test is admissible.

    5.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but may be required to submit to a test of his breath or urine.

    6.  Except as otherwise provided in subsection 9, if the [alcoholic content] concentration of alcohol in the blood or breath of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath test. If the person requests a blood test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.

    7.  If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

    8.  Except as otherwise provided in subsections 5 and 7, a peace officer shall not direct a person to submit to a urine test.

    9.  Except as otherwise provided in this subsection, a person who refuses to submit to a test required by this section must not be tested. If an officer has reasonable cause to believe that:


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ê1999 Statutes of Nevada, Page 2463 (Chapter 480, SB 152)ê

 

    (a) The person to be tested was operating or in actual physical control of a vessel while under the influence of intoxicating liquor or a controlled substance; and

    (b) The person thereby caused the death or substantial bodily harm of another,

the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the [alcoholic content] concentration of alcohol in his blood or breath or presence of a controlled substance in his blood.

    Sec. 28.  NRS 488.410 is hereby amended to read as follows:

    488.410  1.  It is unlawful for any person who:

    (a) Is under the influence of intoxicating liquor;

    (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath; or

    (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [,] or breath,

to operate or be in actual physical control of a vessel under power or sail on the waters of this state.

    2.  It is unlawful for any person who:

    (a) Is under the influence of any controlled substance;

    (b) Is under the combined influence of intoxicating liquor and a controlled substance; or

    (c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or exercising actual physical control of a vessel under power or sail,

to operate or exercise actual physical control of a vessel under power or sail on the waters of this state.

    3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel, and before his blood was tested, to cause [the] him to have a concentration of 0.10 or more of alcohol in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

    Sec. 29.  NRS 488.420 is hereby amended to read as follows:

    488.420  1.  A person who:

    (a) Is under the influence of intoxicating liquor;

    (b) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;


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ê1999 Statutes of Nevada, Page 2464 (Chapter 480, SB 152)ê

 

    (c) Is found by measurement within 2 hours after operating or being in actual physical control of a vessel under power or sail to have a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath;

    (d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance; or

    (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely operating or being in actual physical control of a vessel under power or sail,

and does any act or neglects any duty imposed by law while operating or being in actual physical control of any vessel under power or sail, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, a person other than himself, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and shall be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

    2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 must not be suspended, and probation must not be granted.

    3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after operating or being in actual physical control of the vessel under power or sail, and before his blood was tested, to cause [the] him to have a concentration of alcohol of 0.10 or more in his blood [to equal or exceed 0.10 percent.] or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

    4.  If a person less than 15 years of age was in the vessel at the time of the defendant’s violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

    Sec. 30.  NRS 488.450 is hereby amended to read as follows:

    488.450  1.  Any person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to a preliminary test of his breath to determine the [alcoholic content] concentration of alcohol in his breath when the test is administered at the direction of a peace officer after a vessel accident or collision or where an officer stops a vessel, if the officer has reasonable grounds to believe that the person to be tested 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.


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ê1999 Statutes of Nevada, Page 2465 (Chapter 480, SB 152)ê

 

    2.  If the person fails to submit to the test, the officer shall arrest him and take him to a convenient place for the administration of a reasonably available evidentiary test under NRS 488.460.

    3.  The result of the preliminary test must not be used in any criminal action, except to show there were reasonable grounds to make an arrest.

    Sec. 31.  NRS 488.460 is hereby amended to read as follows:

    488.460  1.  Except as otherwise provided in subsections 3 and 4, a person who operates or is in actual physical control of a vessel under power or sail on the waters of this state shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a peace officer having reasonable grounds to believe that the person to be tested 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.  If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.

    3.  Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section, but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.

    4.  If the [alcoholic content] concentration of alcohol of the blood or breath of the person to be tested is in issue:

    (a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.

    (b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.

    (c) A peace officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:

         (1) Caused death or substantial bodily harm to another person as a result of operating or being in actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

         (2) Has been convicted within the previous 7 years of:

             (I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law of another jurisdiction that prohibits the same or similar conduct; or

             (II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.


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ê1999 Statutes of Nevada, Page 2466 (Chapter 480, SB 152)ê

 

    5.  If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.

    6.  Except as otherwise provided in subsections 3 and 5, a peace officer shall not direct a person to submit to a urine test.

    7.  If a person to be tested fails to submit to a required test as directed by a peace officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested 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, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.

    Sec. 32.  NRS 488.470 is hereby amended to read as follows:

    488.470  1.  Except as otherwise provided in subsection 2, an evidentiary test of breath to determine the [percentage] concentration of alcohol in a person’s breath may be used to establish that [percentage] concentration only if two consecutive samples of the person’s breath are taken and:

    (a) The difference between the [percentage] concentration of alcohol in the person’s breath indicated by the two samples is less than or equal to 0.02;

    (b) If the provisions of paragraph (a) do not apply, a third evidentiary test of breath is administered and the difference between the [percentage] concentration of alcohol in the person’s breath indicated by the third sample and one of the first two samples is less than or equal to 0.02; or

    (c) If the provisions of paragraphs (a) and (b) do not apply, a fourth evidentiary test is administered. Except as otherwise provided in NRS 488.460, the fourth evidentiary test must be a blood test.

    2.  If the person fails to provide the second or third consecutive sample, or to submit to the fourth evidentiary test, the results of the first test may be used alone as evidence of the [percentage] concentration of alcohol in the person’s breath. If for some other reason a second, third or fourth sample is not obtained, the results of the first test may be used with all other evidence presented to establish the [percentage.] concentration.

    3.  If a person refuses or otherwise fails to provide a second or third consecutive sample or submit to a fourth evidentiary test, a peace officer may direct that reasonable force be used to obtain a sample or conduct a test pursuant to NRS 488.460.

    Sec. 33.  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.


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ê1999 Statutes of Nevada, Page 2467 (Chapter 480, SB 152)ê

 

    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.

    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 484.3884, 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 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] concentration 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.

    Sec. 34.  NRS 488.490 is hereby amended to read as follows:

    488.490  1.  A person arrested for operating or exercising actual physical control of a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test for the purpose of determining the [alcoholic content] concentration of alcohol in his blood or breath or the presence of a controlled substance in his blood.

    2.  The failure or inability to obtain such a test does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a peace officer.

    3.  A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 488.460.

    Sec. 35.  NRS 488.510 is hereby amended to read as follows:

    488.510  If:

    1.  A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the [percent by weight] concentration of alcohol in his breath; and


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ê1999 Statutes of Nevada, Page 2468 (Chapter 480, SB 152)ê

 

    2.  The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device,

it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device.

    Sec. 36.  NRS 488.520 is hereby amended to read as follows:

    488.520  1.  Any coroner, or other public officer performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a vessel under power or sail on the waters of this state, whether the person killed is the operator of the vessel or a passenger or other person, cause to be drawn from each decedent, within 8 hours after the accident, a blood sample to be analyzed for the presence and [amount] concentration of alcohol.

    2.  The findings of the examinations are a matter of public record and must be reported to the commission by the coroner or other public officer within 30 days after the death.

    3.  Analyses of blood alcohol are acceptable only if made by laboratories licensed to perform this function.

    Sec. 37.  NRS 50.315 is hereby amended to read as follows:

    50.315  1.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:

    (a) That the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person’s breath to determine the [amount by weight] concentration of alcohol in his breath;

    (b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and

    (c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.

    2.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

    (a) The occupation of the affiant or declarant; and

    (b) That the solution or gas has the chemical composition necessary for accurately calibrating it.

    3.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another’s breath to determine the [amount] concentration of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:

    (a) The occupation of the affiant or declarant;

    (b) That on a specified date the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;

    (c) That the calibration was performed within the period required by the committee’s regulations; and


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ê1999 Statutes of Nevada, Page 2469 (Chapter 480, SB 152)ê

 

    (d) Upon completing the calibration of the device, it was operating properly.

    4.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:

    (a) The occupation of the affiant or declarant;

    (b) The identity of the person from whom the affiant or declarant withdrew the sample;

    (c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and

    (d) The identity of the person to whom the affiant or declarant delivered it.

    5.  Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal, civil or administrative proceeding to prove:

    (a) The occupation of the affiant or declarant;

    (b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and

    (c) The identity of the person to whom the affiant or declarant delivered it.

    6.  If, at or before the time of the trial, the defendant establishes that:

    (a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and

    (b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,

the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.

    7.  During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

    8.  The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

    Sec. 38.  NRS 50.320 is hereby amended to read as follows:

    50.320  1.  The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:


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ê1999 Statutes of Nevada, Page 2470 (Chapter 480, SB 152)ê

 

solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:

    (a) The quantity of the purported controlled substance; or

    (b) The [amount] concentration of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,

is admissible in the manner provided in this section.

    2.  An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration.

    3.  The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.

    4.  The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.

    Sec. 39.  NRS 202.257 is hereby amended to read as follows:

    202.257  1.  It is unlawful for a person who:

    (a) Has a concentration of alcohol of 0.10 [percent] or more [by weight of alcohol] in his blood [;] or breath , or

    (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm,

to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

    2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

    3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.


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ê1999 Statutes of Nevada, Page 2471 (Chapter 480, SB 152)ê

 

    4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

    5.  As used in this section, the phrase “concentration of alcohol of 0.10 or more in his blood or breath” has the meaning ascribed to it in NRS 484.0135.

    Sec. 40.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 41.  Sections 16 and 33 of this act become effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 481, SB 191

Senate Bill No. 191–Senator Titus

 

CHAPTER 481

 

AN ACT relating to land use; requiring a master plan to include a school facilities plan; requiring a person who proposes to develop a project of significant impact in the Las Vegas urban growth zone to submit an impact statement in certain circumstances; prohibiting a local governmental entity from approving such a project in certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 278.160 is hereby amended to read as follows:

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

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

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

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


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ê1999 Statutes of Nevada, Page 2472 (Chapter 481, SB 191)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (l) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.


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ê1999 Statutes of Nevada, Page 2473 (Chapter 481, SB 191)ê

 

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

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

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

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

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

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

    Sec. 2.  1.  Except as otherwise provided in this section, in addition to any other requirement of the local government or unit thereof, a person who proposes to develop a project of significant impact within the Las Vegas urban growth zone, as that zone is described in NRS 463.3094, shall, unless the project was approved before the effective date of this act, submit an impact statement to the local government or unit thereof having authority over the zoning and approval of the project. The impact statement must be submitted at least 15 days before the date on which the governing body of the local government or unit thereof, or a person or agency authorized to take final action by the governing body:

    (a) Takes final action on the final map pertaining to the project, if the project is a residential subdivision; or

    (b) Considers the project for final action, if the project is a project other than a residential subdivision.

    2.  An impact statement required pursuant to subsection 1 must set forth:

    (a) The number of vehicle trips that the project will generate, estimated by applying to the proposed project the average trip rates for the peak days and hours established by the Institute of Transportation Engineers or its successor.

    (b) The estimated number of additional pupils for each elementary school, junior high or middle school, and high school that the project will cause to be enrolled in local schools.

    (c) The quantity of sewage effluent that the project will generate, estimated by applying a sewage generation factor established by the provider of sewer service or an equivalent calculation to the number of units or area of indoor floor space that will be created by the project.


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ê1999 Statutes of Nevada, Page 2474 (Chapter 481, SB 191)ê

 

    (d) The quantity of water that the project will demand during and after its construction, estimated by applying a demand factor established by the provider of water service or an equivalent calculation to the number of units that will be created by and the gross acreage that will be occupied by the project.

    (e) The increase in quantity of storm water runoff that the project will generate, estimated by using standard hydrologic methods.

    (f) The distance from the site on which the project will be located to the nearest facilities from which fire-fighting, police and emergency services are provided, including, without limitation, facilities that are planned, but not yet constructed, and facilities which have been included in a plan for capital improvements prepared by the appropriate local government pursuant to NRS 278.0226.

    (g) The existing and planned capacities of schools, roads, sources of water supply and facilities for wastewater and flood control that will be affected by the project. This information must be obtained from the appropriate local providers of those services.

    (h) A brief statement setting forth the anticipated effect of the project on housing, mass transit, open space and recreation.

    3.  A person shall not develop in phases, subdivide or otherwise partition a proposed project for the purpose of evading or avoiding the provisions of this section.

    4.  An impact statement required pursuant to this section may include by reference any information or data relevant to such a statement that is a matter of public record or is generally available to the public, including, without limitation, information:

    (a) Contained in a report required by another federal or state law or local ordinance, or as a condition imposed as a part of the process for approving the project; or

    (b) Regarding a phase of a project that consists of multiple phases of construction, if information pertaining to that phase has already been disclosed in a report pertaining to another phase or to the project as a whole.

    5.  A local government or unit thereof having authority over the zoning and approval of a project of significant impact shall not approve such a project unless:

    (a) An impact statement has been submitted for the project pursuant to subsection 1;

    (b) The local government or unit thereof determines that the appropriate local school district has been given an opportunity to review the project pursuant to NRS 278.346, if the provisions of that section are applicable.

    (c) Except as otherwise provided in this subsection, the local government or unit thereof determines that the capacities of roads, sources of water supply and facilities for wastewater and flood control will be sufficient to support the project. A local government or unit thereof may approve a project with respect to which the capacities of roads, sources of water supply or facilities for wastewater and flood control will not be sufficient to support the project if the local government or unit thereof requires the person who proposes to develop the project to carry out appropriate measures of mitigation to reduce the impact of the project on those elements of infrastructure.


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ê1999 Statutes of Nevada, Page 2475 (Chapter 481, SB 191)ê

 

mitigation to reduce the impact of the project on those elements of infrastructure.

    6.  The provisions of this section do not apply with respect to real property that is subject to a development agreement with a local government if the development agreement became effective before the effective date of this act.

    7.  As used in this section, “project of significant impact” means a project that would create:

    (a) Final maps or planned unit developments of 500 units or more;

    (b) Tourist accommodations of 300 units or more;

    (c) A commercial or industrial facility generating more than 3,000 average daily vehicle trips; or

    (d) A nonresidential development encompassing more than 160 acres.

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

________

 

CHAPTER 482, SB 203

Senate Bill No. 203–Committee on Transportation

 

CHAPTER 482

 

AN ACT relating to motor vehicles; revising the requirements for obtaining a driver’s license, motorcycle driver’s license or an instruction permit by an applicant who was born outside the United States; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 483.290 is hereby amended to read as follows:

    483.290  1.  Every application for an instruction permit or for a driver’s license must:

    (a) Be made upon a form furnished by the department.

    (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department [are hereby authorized to administer such] may administer those oaths without charge.

    (c) Be accompanied by the required fee.

    (d) State the full name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

    (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

    (f) Include such other information as the department may require to determine the [applicant’s] competency and eligibility [.] of the applicant.

    2.  Every applicant must furnish proof of his age by displaying:

    (a) If the applicant was born in the United States, a birth certificate issued by a state or the District of Columbia or other proof of the [applicant’s] date of birth [,] of the applicant, including, but not limited to, a driver’s license issued by another state or the District of Columbia, or a baptismal certificate and other proof that is determined to be necessary and is acceptable to the department; or


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ê1999 Statutes of Nevada, Page 2476 (Chapter 482, SB 203)ê

 

and other proof that is determined to be necessary and is acceptable to the department; or

    (b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice [,] or a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia [, a passport] or other proof acceptable to the department [.] other than a passport issued by a foreign government.

    3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

    4.  Every applicant who has been assigned a social security number must furnish proof of his social security number by displaying:

    (a) An original card issued to the applicant by the Social Security Administration bearing the [applicant’s] social security number [;] of the applicant; or

    (b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.

    Sec. 2.  NRS 486.081 is hereby amended to read as follows:

    486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department [are hereby authorized to administer such] may administer those oaths without charge.

    2.  Every application must:

    (a) State the full name, date of birth, sex and residence address of the applicant;

    (b) Briefly describe the applicant;

    (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

    (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

    (e) Give such other information as the department requires to determine the [applicant’s] competency and eligibility [.] of the applicant.

    3.  Every applicant shall furnish proof of his age by displaying:

    (a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the department; or

    (b) If he was born outside the United States, a:

         (1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

         (2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;


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ê1999 Statutes of Nevada, Page 2477 (Chapter 482, SB 203)ê

 

         (3) Driver’s license issued by another state or the District of Columbia; or

         (4) Passport [.] issued by the United States Government.

________

 

CHAPTER 483, SB 263

Senate Bill No. 263–Senator Jacobsen

 

CHAPTER 483

 

AN ACT relating to veterans; creating an office of veterans’ services; changing the name and transferring the offices of the executive and deputy executive directors for veteran affairs from the office of the military to the office of veterans’ services; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 417.010 is hereby amended to read as follows:

    417.010  As used in this chapter:

    1.  “Deputy executive director” means the deputy executive director for [veteran affairs.] veterans’ services.

    2.  “Executive director” means the executive director for [veteran affairs.] veterans’ services.

    Sec. 2.  NRS 417.020 is hereby amended to read as follows:

    417.020  1.  The office of veterans’ services is hereby created.

    2.  The office consists of the offices of the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs are hereby created within the office of the military.] veterans’ services.

    3.  The executive director shall serve as the director of the office of veterans’ services and is responsible for the performance of the duties imposed upon the office, and for such other duties as may be prescribed by this chapter.

    4.  The executive director may adopt such regulations as are necessary to carry out the provisions of this chapter.

    Sec. 3.  NRS 160.040 is hereby amended to read as follows:

    160.040  1.  Except as otherwise provided in this section, it is unlawful for any person to accept appointment as guardian of any ward if [such] the proposed guardian is at that time acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs [under] pursuant to this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from [such] the guardian and shall discharge [such guardian] him in the case.

    2.  The limitations of this section do not apply where the guardian is a bank or trust company acting for the wards’ estates only.

    3.  An individual may be guardian of more than five wards if they are all members of the same family.


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ê1999 Statutes of Nevada, Page 2478 (Chapter 483, SB 263)ê

 

    4.  The limitations of this section do not apply to the executive director for [veteran affairs]  veterans’ services or to a public guardian.

    Sec. 4.  NRS 160.090 is hereby amended to read as follows:

    160.090  1.  Before making an appointment under the provisions of this chapter the court shall establish to its satisfaction that the person whose appointment as guardian is sought is a fit and proper person to be appointed.

    2.  Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of [such bond shall] the bond must be equal to the total value of the personal estate plus the annual income. The bond [shall] must be in the form and be conditioned as required of guardians appointed [under] pursuant to the provisions of chapter 159 of NRS. The premiums on all such bonds [shall] must be paid from the estate.

    3.  If a banking corporation as defined in NRS 657.016, or a trust company, as defined by NRS 669.070, doing business in this state is appointed guardian of the estate of a ward, no bond is required of [such] the guardian unless the court by specific order requires a bond. If the executive director [for veteran affairs]  veterans’ services  is appointed guardian, no bond is required.

    4.  If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation, as defined in NRS 657.016, or trust company, as defined by NRS 669.070, doing business in this state and that such estate and income, or any part thereof, [shall] must not be withdrawn without authorization of the court, then the amount of the guardian’s bond [shall] must be reduced in an amount equal to the amount of the estate and income on deposit [with such] the banking corporation, and the surety on [such bonds shall] the bonds must be exonerated from any loss to the estate in connection with [such] the deposit.

    5.  Where a bond is tendered by a guardian with personal sureties, [such] the sureties shall file with the court a certificate under oath which describes the property owned, both real and personal, and contains a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.

    Sec. 5.  NRS 244.401 is hereby amended to read as follows:

    244.401  1.  The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish his compensation.

    2.  The coordinator of services for veterans shall:

    (a) Assist a veteran or his spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish his right to any privilege, preference, care or compensation to which he believes that he is entitled;


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ê1999 Statutes of Nevada, Page 2479 (Chapter 483, SB 263)ê

 

    (b) Aid, assist and cooperate with the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs] veterans’ services and with the Nevada veterans’ services commission;

    (c) Disseminate information relating to veterans’ benefits in cooperation with the executive director for [veteran affairs] veterans’ services and the deputy executive director for [veteran affairs;] veterans’ services; and

    (d) Perform such other services related to assisting a veteran, his spouse or his dependent as requested by the board of county commissioners.

    3.  Two or more counties jointly may create one office of coordinator of services for veterans to serve those counties.

    Sec. 6.  NRS 244.406 is hereby amended to read as follows:

    244.406  1.  Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

    2.  The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the executive director for [veteran affairs] veterans’ services pursuant to subsection 8 of NRS 417.090 for the support of the office.

    3.  The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the health division of the department of human resources for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the health division of the department of human resources and which benefit or result in cost avoidance for the health division.

    4.  The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.

    Sec. 7.  This act becomes effective on July 1, 1999.

    Sec. 8.  The legislative counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any reference to the:

    1.  “Executive director for veteran affairs” to “executive director for veterans’ services”; and

    2.  “Deputy executive director for veteran affairs” to “deputy executive director for veterans’ services.”

________

 


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ê1999 Statutes of Nevada, Page 2480ê

 

CHAPTER 484, SB 362

Senate Bill No. 362–Senator O’Connell

 

CHAPTER 484

 

AN ACT relating to taxation; prohibiting, under certain circumstances, the imposition of penalties and interest on delinquent taxes for the period during which an audit of a taxpayer is extended; revising the manner in which penalties and interest are calculated if a taxpayer has made overpayments and underpayments; providing for the appeal of any decision of the executive director or other officer of the department of taxation to the Nevada tax commission; requiring the commission to adopt certain regulations; expanding the Taxpayers’ Bill of Rights; increasing the amount of taxes, penalties and interest that may be waived if a taxpayer has relied to his detriment on the advice of the department; authorizing certain actions relating to the payment of taxes to be brought in various counties; and providing other matters properly relating thereto.

 

[Approved June 8, 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 the provisions set forth as sections 2, 3 and 3.5 of this act.

    Sec. 2.  1.  If an audit is conducted by the department pursuant to the provisions of this Title, the date on which the audit will be completed must be included in the notice to the taxpayer that the audit will be conducted.

    2.  The date on which the audit will be completed may be extended by the department if the department gives prior written notice of the extension to the taxpayer. The notice must include an explanation of the reason or reasons that the extension is required.

    3.  If, after the audit, the department determines that delinquent taxes are due, interest and penalties may not be imposed for the period of the extension if the taxpayer did not request the extension or was not otherwise the cause of the extension.

    Sec. 3.  If an officer, employee or agent of the department determines that a taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law, he shall give written notice of that determination to the taxpayer. The notice must:

    1.  Be given within 30 days after the officer, employee or agent makes his determination or, if the determination is made as a result of an audit, within 30 days after the completion of the audit; and

    2.  If appropriate, include:

    (a) An explanation that an overpayment may be credited against any amount due from the taxpayer; or

    (b) Instructions indicating the manner in which the taxpayer may petition for a refund of any overpayment.

    Sec. 3.5.  The Nevada tax commission shall adopt regulations to carry out the provisions of NRS 360.294 and 360.417.

    Sec. 4.  NRS 360.245 is hereby amended to read as follows:

    360.245  1.  Except as otherwise provided in this Title:

    (a) All decisions of the executive director or other officer of the department made pursuant to [subsection 2 of NRS 360.130] this Title are final unless appealed to the Nevada tax commission . [as provided by law.]


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ê1999 Statutes of Nevada, Page 2481 (Chapter 484, SB 362)ê

 

    (b) Any natural person, partnership, corporation, association or other business or legal entity who is aggrieved by such a decision may [so] appeal the decision by filing a notice of appeal with the department within 30 days after service of the decision upon that person or business or legal entity.

    2.  Service of the decision must be made personally or by certified mail. If service is made by certified mail:

    (a) The decision must be enclosed in an envelope which is addressed to the taxpayer at his address as it appears in the records of the department.

    (b) It is deemed to be complete at the time the appropriately addressed envelope containing the decision is deposited with the United States Postal Service.

    3.  The Nevada tax commission, as head of the department, may review all [other] decisions made by the executive director [and] that are not otherwise appealed to the commission pursuant to this section.

    4.  The Nevada tax commission may reverse, affirm or modify [them.

    4.] any decision of the department that is:

    (a) Appealed to the commission by a taxpayer pursuant to this section; or

    (b) Reviewed by the commission pursuant to this section.

    5.  A decision of the Nevada tax commission is a final decision for the purposes of judicial review. The executive director or any other employee or representative of the department shall not seek judicial review of such a decision.

    [5.] 6.  The Nevada tax commission shall provide by regulation for:

    (a) Notice to be given to each county of any decision upon an appeal to the commission that the commission determines is likely to affect the revenue of the county or other local government. The regulations must specify the form and contents of the notice and requirements for the number of days before a meeting of the commission that the notice must be transmitted . [to the county or counties.] If the parties to the appeal enter into a stipulation as to the issues that will be heard on appeal, the commission shall transmit a copy of the notice to the district attorney of each county which the commission determines is likely to be affected by the decision. Upon receipt of such a notice , the [county] district attorney shall transmit a copy of the notice to each local government within the county which [it] the commission determines is likely to be affected by the decision. If there is no such stipulation, the commission shall transmit a copy of the notice, accompanied by the names of the parties and the amount on appeal, if any, to the governing bodies of the counties and other local governments which the commission determines are likely to be affected by the decision.

    (b) The manner in which a county or other local government which is not a party to such an appeal may become a party, and the procedure for its participation in the appeal.

    [6.] 7.  A county or other local government which is a party and is aggrieved by the decision of the Nevada tax commission is entitled to seek judicial review of the decision.

    [7.] 8.  Upon application by a taxpayer, the Nevada tax commission shall review the denial of relief pursuant to NRS 361.4835 and may grant, deny or modify the relief sought.


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ê1999 Statutes of Nevada, Page 2482 (Chapter 484, SB 362)ê

 

    Sec. 5.  NRS 360.291 is hereby amended to read as follows:

    360.291  1.  The legislature hereby declares that each taxpayer has the right:

    [1.] (a) To be treated by officers and employees of the department with courtesy, fairness, uniformity, consistency and common sense.

    [2.] (b) To a prompt response from the department to each communication from the taxpayer.

    [3.] (c) To provide the minimum documentation and other information as may reasonably be required by the department to carry out its duties.

    [4.] (d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.

    [5.] (e) To be [informed] notified, in writing, by the department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.

    [6.] (f) To written instructions indicating how the taxpayer may petition for:

    [(a)] (1) An adjustment of an assessment; [or

    (b)] (2) A refund or credit for overpayment of taxes, interest or penalties [.

    7.] ; or

         (3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this Title that are administered by the department.

    (g) To recover an overpayment of taxes promptly upon the final determination of such an overpayment.

    [8.] (h) To obtain specific advice from the department concerning taxes imposed by the state.

    [9.] (i) In any meeting with the department, including an audit, conference, interview or hearing:

    [(a)] (1) To an explanation by an officer , agent or employee of the department that describes the procedures to be followed and the taxpayer’s rights thereunder;

    [(b)] (2) To be represented by himself or anyone who is otherwise authorized by law to represent him before the department;

    [(c)] (3) To make an audio recording using the taxpayer’s own equipment and at the taxpayer’s own expense; and

    [(d)] (4) To receive a copy of any document or audio recording made by or in the possession of the department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the department of making the copy.

    [10.] (j) To a full explanation of the department’s authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the department.


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ê1999 Statutes of Nevada, Page 2483 (Chapter 484, SB 362)ê

 

    [11.] (k) To the immediate release of any lien which the department has placed on real or personal property for the nonpayment of any tax when:

    [(a)] (1) The tax is paid;

    [(b)] (2) The period of limitation for collecting the tax expires;

    [(c)] (3) The lien is the result of an error by the department;

    [(d)] (4) The department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;

    [(e)] (5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;

    [(f)] (6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or

    [(g)] (7) The department determines that the lien is creating an economic hardship.

    [12.] (l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this Title by the department in accordance with applicable statutes and regulations.

    [13.] (m) To be free from investigation and surveillance by an officer, agent or employee of the department for any purpose that is not directly related to the administration of the provisions of this Title [.] that are administered by the department.

    [14.] (n) To be free from harassment and intimidation by an officer, agent or employee of the department for any reason.

    (o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.

    2.  The provisions of this Title governing the administration and collection of taxes by the department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.

    3.  The provisions of this section apply to any tax administered and collected pursuant to the provisions of this Title or any applicable regulations by the department.

    Sec. 6.  NRS 360.2935 is hereby amended to read as follows:

    360.2935  A taxpayer is entitled to receive on any overpayment of taxes , after the offset required by NRS 360.320 has been made, a refund together with interest at a rate determined pursuant to NRS 17.130. No interest is allowed on a refund of any penalties or interest paid by a taxpayer.

    Sec. 7.  NRS 360.294 is hereby amended to read as follows:

    360.294  [Upon]

    1.  Except as otherwise provided in subsection 2, upon proof that a taxpayer has relied to his detriment on written advice provided to him by an officer, agent or employee of the department [:

    1.  The executive director or his designee may waive taxes, penalties and interest owed by the taxpayer in an amount not to exceed $5,000; and

    2.  The Nevada tax commission may waive any such taxes, penalties and interest in an amount greater than $5,000.] or on an opinion of the attorney general:


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ê1999 Statutes of Nevada, Page 2484 (Chapter 484, SB 362)ê

 

    (a) The department may waive any tax, penalty and interest owed by the taxpayer if the taxpayer meets the criteria adopted by regulation by the Nevada tax commission pursuant to section 3.5 of this act; and

    (b) If a waiver is granted pursuant to paragraph (a), the department shall prepare and maintain on file a statement which contains:

         (1) The reason for the waiver;

         (2) The amount of the tax, penalty and interest owed by the taxpayer;

         (3) The amount of the tax, penalty and interest waived by the department; and

         (4) The facts and circumstances which led to the waiver.

    2.  Upon proof that a taxpayer has in good faith collected or remitted taxes imposed pursuant to the provisions of this Title that are administered by the department, in reliance upon written advice provided by an officer, agent or employee of the department, an opinion of the attorney general or the Nevada tax commission, or the written results of an audit of his records conducted by the department, the taxpayer may not be required to pay delinquent taxes, penalties or interest if the department determines after the completion of a subsequent audit that the taxes he collected or remitted were deficient.

    Sec. 8.  NRS 360.320 is hereby amended to read as follows:

    360.320  [In]

    1.  Except as otherwise provided in this Title, in making a determination of the amount required to be paid, the department [may] shall offset overpayments for [a period or periods, together with interest on the overpayments,] a reporting period of an audit period against underpayments for [another period or periods, against penalties, and against the interest on underpayments.] any other reporting period within the audit period.

    2.  If it is determined that there is a net deficiency, any penalty imposed must be calculated based on the amount of the net deficiency.

    3.  If it is determined that:

    (a) There is a net deficiency for a reporting period after offsetting any overpayment from any previous reporting period, any interest imposed on the net deficiency must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.

    (b) There is a net overpayment for a reporting period after offsetting any net deficiency from any previous reporting period, any interest to which the taxpayer is entitled must be calculated before determining whether there is an overpayment or net deficiency for the next reporting period within the audit period.

    4.  The provisions of this section do not apply if the taxpayer has submitted a report that shows taxes due and has not remitted the taxes due in a timely manner.

    5.  As used in this section, “reporting period” includes, without limitation, a calendar month, a calendar quarter, a calendar year and any other period for reporting.


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ê1999 Statutes of Nevada, Page 2485 (Chapter 484, SB 362)ê

 

    Sec. 9.  NRS 360.395 is hereby amended to read as follows:

    360.395  1.  Before a person may seek judicial review pursuant to NRS 233B.130 from a final order of the [department] Nevada tax commission upon a petition for redetermination, he must:

    (a) Pay the amount of the determination; or

    (b) Enter into a written agreement with the department establishing a later date by which he must 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, the department shall credit or refund any amount paid by the person that exceeds the amount owed [.] , with interest determined in accordance with NRS 360.2935.

    Sec. 10.  NRS 360.417 is hereby amended to read as follows:

    360.417  [Unless] Except as otherwise provided in NRS 360.320 and section 2 of this act and 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 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. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada tax commission which takes into consideration the length of time the tax or fee remained unpaid.

    Sec. 11.  NRS 360.4193 is hereby amended to read as follows:

    360.4193  1.  If a person is delinquent in the payment of any tax or fee administered by the department or 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] :

    (a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to the Nevada tax commission pursuant to NRS 360.245.

    (b) 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 tax 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


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ê1999 Statutes of Nevada, Page 2486 (Chapter 484, SB 362)ê

 

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

    Sec. 12.  NRS 361.0687 is hereby amended to read as follows:

    361.0687  1.  A person who intends to locate or expand a business in this state may apply to the commission on economic development for a partial abatement from the taxes imposed by this chapter on the personal property of the new or expanded business.

    2.  The commission on economic development may approve an application for a partial abatement if the commission makes the following determinations:

    (a) The goals of the business are consistent with the goals of the commission and the community concerning industrial development and diversification.

    (b) The abatement is a significant factor in the decision of the applicant to locate or expand a business in this state or the appropriate affected local government determines that the abatement will be beneficial to the economic development of the community.

    (c) The average hourly wage which will be paid by the new or expanded business to its employees in this state is at least 125 percent of the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year.

    (d) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees.

    (e) The cost to the business for the benefits the business provides to its employees in this state will meet the minimum requirements for benefits established by the commission pursuant to subsection [8.] 9.

    (f) A capital investment for personal property will be made to locate or expand the business in Nevada which is at least:

         (1) If the personal property directly related to the establishment of the business in this state is primarily located in a county whose population:

             (I) Is 100,000 or more, $50,000,000.

             (II) Is less than 100,000, $20,000,000.

         (2) If the personal property directly related to the expansion of the business is primarily located in a county whose population:

             (I) Is 100,000 or more, $10,000,000.

             (II) Is less than 100,000, $4,000,000.

    (g) The business will create at least the following number of new, full-time and permanent jobs in the State of Nevada by the fourth quarter that it is in operation:

         (1) If a new business will be primarily located in a county whose population:

             (I) Is 100,000 or more, 100 jobs.

             (II) Is less than 100,000, 35 jobs.

         (2) If an expanded business will be primarily located in a county whose population:

             (I) Is 100,000 or more, and the business has at least 100 employees in this state, 20 jobs. An expanded business primarily located in such a county that has less than 100 employees is not eligible for a partial abatement pursuant to this section.


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ê1999 Statutes of Nevada, Page 2487 (Chapter 484, SB 362)ê

 

county that has less than 100 employees is not eligible for a partial abatement pursuant to this section.

             (II) Is less than 100,000, and the business has at least 35 employees in this state, 10 jobs. An expanded business primarily located in such a county that has less than 35 employees is not eligible for a partial abatement pursuant to this section.

    (h) For the expansion of a business primarily located in a county whose population:

         (1) Is 100,000 or more, the book value of the assets of the business in this state is at least $20,000,000.

         (2) Is less than 100,000, the book value of the assets of the business in this state is at least $5,000,000.

    (i) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

    (j) The proposed abatement has been approved by the governing body of the appropriate affected local government as determined pursuant to the regulations adopted pursuant to subsection [8.] 9. In determining whether to approve a proposed abatement, the governing body shall consider whether the taxes to be paid by the business are sufficient to pay for any investment required to be made by the local government for services associated with the relocation or expansion of the business, including, without limitation, costs related to the construction and maintenance of roads, sewer and water services, fire and police protection , and the construction and maintenance of schools.

    (k) The applicant has executed an agreement with the commission which states that the business will continue in operation in Nevada for 10 or more years after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5 and will continue to meet the eligibility requirements contained in this subsection. The agreement must bind the successors in interest of the business for the required period.

    3.  An applicant shall, upon the request of the executive director of the commission on economic development, furnish him with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

    4.  The percentage of the abatement must be 50 percent of the taxes payable each year.

    5.  If an application for a partial abatement is approved, the commission on economic development shall immediately forward a certificate of eligibility for the abatement to:

    (a) The department; and

    (b) The county assessor of each county in which personal property directly related to the establishment or expansion of the business will be located.

    6.  Upon receipt by the department of the certificate of eligibility, the taxpayer is eligible for an abatement from the tax imposed by this chapter for 10 years:

    (a) For the expansion of a business, on all personal property of the business that is located in Nevada and directly related to the expansion of the business in this state.


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ê1999 Statutes of Nevada, Page 2488 (Chapter 484, SB 362)ê

 

    (b) For a new business, on all personal property of the business that is located in Nevada and directly related to the establishment of the business in this state.

    7.  If a business for which an abatement has been approved is not maintained in this state in accordance with the agreement required in subsection 2, for at least 10 years after the commission on economic development approved the abatement, the person who applied for the abatement shall repay to the county treasurer or treasurers who would have received the taxes but for the abatement the total amount of all taxes that were abated pursuant to this section. [The] Except as otherwise provided in NRS 360.320 and section 2 of this act, the person who applied for the abatement shall pay interest on the amount due at the rate of 10 percent per annum for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made if the abatement had not been granted until the date of the actual payment of the tax.

    8.  A county treasurer:

    (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.611, 354.6113 or 354.6115; and

    (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.611, 354.6113 and 354.6115.

    9.  The commission on economic development shall adopt regulations necessary to carry out the provisions of this section. The regulations must include, but not be limited to:

    (a) A method for determining the appropriate affected local government to approve a proposed abatement and the procedure for obtaining such approval; and

    (b) Minimum requirements for benefits that a business applying for a partial abatement must offer to its employees to be approved for the partial abatement.

    10.  The department shall adopt regulations concerning how county assessors shall administer partial abatements approved pursuant to this section.

    11.  An applicant for an abatement who is aggrieved by a final decision of the commission on economic development may petition for judicial review in the manner provided in chapter 233B of NRS.

    Sec. 13.  NRS 361.435 is hereby amended to read as follows:

    361.435  Any property owner owning property of like kind in more than one county in the state and desiring to proceed with a suit under the provisions of NRS 361.420 may, where the issues in the cases are substantially the same in all or in some of the counties concerning the assessment of taxes on such property, consolidate any of the suits in one action and bring the action in any court of competent jurisdiction in Carson City, [Nevada.] the county of this state where the property owner resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department.


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ê1999 Statutes of Nevada, Page 2489 (Chapter 484, SB 362)ê

 

    Sec. 14.  NRS 361.5648 is hereby amended to read as follows:

    361.5648  1.  Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:

    (a) The owner or owners of the property;

    (b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and

    (c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189.

    2.  The notice of delinquency must state:

    (a) The name of the owner of the property, if known.

    (b) The description of the property on which the taxes are a lien.

    (c) The amount of the taxes due on the property and the penalties and costs as provided by law.

    (d) That if the amount is not paid by the taxpayer or his successor in interest , the tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from the date due until paid as provided by law , except as otherwise provided in NRS 360.320 and section 2 of this act, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.

    3.  Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the department may prescribe in support of his affidavit.

    4.  A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.

    5.  The cost of each mailing must be charged to the delinquent taxpayer.

    Sec. 15.  NRS 361.570 is hereby amended to read as follows:

    361.570  1.  Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out his certificate authorizing the county treasurer, as trustee for the state and county, to hold the property described in the notice for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

    2.  The certificate must specify:


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ê1999 Statutes of Nevada, Page 2490 (Chapter 484, SB 362)ê

 

    (a) The amount of delinquency, including the amount and year of assessment;

    (b) The taxes and the penalties and costs added thereto, and that , except as otherwise provided in NRS 360.320 and section 2 of this act, interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and

    (c) The name of the owner or taxpayer, if known.

    3.  The certificate must state, and it is hereby provided:

    (a) That the property may be redeemed within 2 years [from] after its date; and

    (b) That , if not redeemed, the title to the property vests in the county for the benefit of the state and county.

    4.  Until the expiration of the period of redemption, the property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property , he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with the interest on the taxes at the rate of 10 percent per annum from the date due until paid [.] , unless otherwise provided in NRS 360.320 or section 2 of this act.

    5.  The county treasurer shall take certificates issued to him under the provisions of this section.

    Sec. 16.  NRS 361.870 is hereby amended to read as follows:

    361.870  1.  Any claimant aggrieved by a decision of the department or a county assessor which denies the refund claimed under the Senior Citizens’ Property Tax Assistance Act may have a review of the denial before the [executive director] Nevada tax commission if , within 30 days after the claimant receives notice of the denial , he submits a written petition for review to the [department.] commission.

    2.  Any claimant aggrieved by the denial in whole or in part of relief claimed under the Senior Citizens’ Property Tax Assistance Act, or by any other final action or review of the [executive director,] Nevada tax commission, is entitled to judicial review thereof.

    Sec. 17.  (Deleted by amendment.)

    Sec. 18.  NRS 362.160 is hereby amended to read as follows:

    362.160  1.  [If] Except as otherwise provided in NRS 360.320 and section 2 of this act, if the amount of any tax required by NRS 362.100 to 362.240, inclusive, is not paid within 10 days after it is due, it is delinquent and must be collected as other delinquent taxes are collected by law, together with a penalty of 10 percent of the amount of the tax which is owed, as determined by the department, in addition to the tax, plus interest at the rate of [1.5] 1 percent per month, or fraction of a month, from the date the tax was due until the date of payment.

    2.  Any person extracting any mineral or receiving a royalty may appeal from the imposition of the penalty and interest to the Nevada tax commission by filing a notice of appeal [within 30 days after the tax became due.] in accordance with the requirements set forth in NRS 360.245.


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ê1999 Statutes of Nevada, Page 2491 (Chapter 484, SB 362)ê

 

    Sec. 19.  NRS 362.230 is hereby amended to read as follows:

    362.230  1.  Every person extracting any mineral in this state, or receiving a royalty in connection therewith, who fails to file with the department the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, shall pay a penalty of not more than $5,000. If any such person fails to file the statement, the department may ascertain and certify the net proceeds of the minerals extracted or the value of the royalty from all data and information obtainable, and the amount of the tax due must be computed on the basis of the amount due so ascertained and certified.

    2.  The executive director shall determine the amount of the penalty. This penalty becomes a debt due the State of Nevada and, upon collection, must be deposited in the state treasury to the credit of the state general fund.

    3.  Any person extracting any mineral or receiving a royalty may appeal from the imposition of the penalty to the Nevada tax commission by filing a notice of appeal [within 30 days after the decision of the executive director.] in accordance with the requirements set forth in NRS 360.245.

    Sec. 20.  NRS 364A.170 is hereby amended to read as follows:

    364A.170  1.  A proposed business that qualifies pursuant to the provisions of this section is entitled to an exemption of:

    (a) Eighty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the first 4 quarters of its operation;

    (b) Sixty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the second 4 quarters of its operation;

    (c) Forty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the third 4 quarters of its operation; and

    (d) Twenty percent of the amount of tax otherwise due pursuant to NRS 364A.140 during the fourth 4 quarters of its operation.

    2.  A proposed business is entitled to the exemption pursuant to subsection 1 if:

    (a) In a county whose population is 35,000 or more:

         (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;

         (2) Establishing the business will require the business to make a capital investment of $1,000,000 in Nevada; and

         (3) The exemption is approved by the commission on economic development pursuant to subsection 3.

    (b) In a county whose population is less than 35,000:

         (1) The business will have 25 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation;

         (2) Establishing the business will require the business to make a capital investment of $250,000 in Nevada; and

         (3) The exemption is approved by the commission on economic development pursuant to subsection 3.

    3.  A proposed business must apply to the commission on economic development to obtain the exemption authorized pursuant to this section. The commission shall certify a business’s eligibility for the exemption pursuant to this section if:


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ê1999 Statutes of Nevada, Page 2492 (Chapter 484, SB 362)ê

 

    (a) The proposed business commits to the requirements of subparagraphs (1) and (2) of paragraph (a) or (b) of subsection 2, whichever is applicable; and

    (b) The proposed business is consistent with the commission’s plan for economic diversification and development.

Upon certification, the commission shall immediately forward the certificate of eligibility for the exemption to the Nevada tax commission.

    4.  Upon receipt of such a certificate, the Nevada tax commission shall include the exemption in the calculation of the tax paid by the business. A business for which an exemption is approved that does not:

    (a) Have the required number of full-time employees on the payroll of the business by the fourth quarter that it is in operation; or

    (b) Make the required capital investment in Nevada in the course of establishing the business,

is required to repay to the department the amount of the exemption that was allowed pursuant to this section before the business’s failure to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. [The] Except as otherwise provided in NRS 360.320 and section 2 of this act, the business is also required to pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the exemption not been granted until the date of payment of the tax.

    5.  The commission on economic development shall adopt regulations governing the determination made pursuant to subsection 3 of a proposed business’s eligibility for the exemption provided in this section.

    6.  The Nevada tax commission:

    (a) Shall adopt regulations governing the investments that qualify for the purposes of the required capital investment pursuant to subparagraph (2) of paragraph (a) or (b) of subsection 2.

    (b) May adopt such other regulations as are necessary to carry out the provisions of this section.

    Sec. 21.  NRS 364A.180 is hereby amended to read as follows:

    364A.180  Upon written application made before the date on which payment must be made, for good cause the department may extend by 30 days the time within which a business is required to pay the tax imposed by this chapter. If the tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay at the time required, but the business shall pay interest at the rate most recently established pursuant to NRS 99.040 for each month, or fraction of a month, from the last day of the month following the date on which the amount would have been due without the extension until the date of payment [.] , unless otherwise provided in NRS 360.320 or section 2 of this act.

    Sec. 22.  NRS 364A.260 is hereby amended to read as follows:

    364A.260  1.  [Interest] Except as otherwise provided in NRS 360.320, interest must be paid upon any overpayment of any amount of the fee or tax imposed by this chapter at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the calendar month following the period for which the overpayment was made.


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ê1999 Statutes of Nevada, Page 2493 (Chapter 484, SB 362)ê

 

for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person or business making the overpayment with respect to the amount being refunded or credited.

    2.  The interest must be paid:

    (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever is earlier.

    (b) In the case of a credit, to the same date as that to which interest is computed on the fee or tax or amount against which the credit is applied.

    3.  If the department determines that any overpayment has been made intentionally or by reason of carelessness, it shall not allow any interest on it.

    Sec. 23.  NRS 364A.280 is hereby amended to read as follows:

    364A.280  1.  Within 90 days after [the mailing of the notice of the department’s action] a final decision upon a claim filed pursuant to this chapter [,] is rendered by the Nevada tax commission, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City [or Clark County] , the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

    2.  Failure to bring an action within the time specified constitutes a waiver of any demand against the state on account of alleged overpayments.

    Sec. 24.  NRS 364A.290 is hereby amended to read as follows:

    364A.290  1.  If the department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may [, before the mailing of notice by the department of its action on the claim,] consider the claim disallowed and file an appeal with the Nevada tax commission within the 30 days after the last day of the 6-month period. If the claimant is aggrieved by the decision of the commission rendered on appeal, he may, within 90 days after the decision is rendered, bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

    2.  If judgment is rendered for the plaintiff, the amount of the judgment must first be credited towards any fee or tax due from the plaintiff.

    3.  The balance of the judgment must be refunded to the plaintiff.

    Sec. 25.  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 refusing or neglecting to comply with the provisions of this chapter.

    2.  If a dealer becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by the dealer, the department shall suspend his license immediately.


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ê1999 Statutes of Nevada, Page 2494 (Chapter 484, SB 362)ê

 

    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 at his last known address. The notice [shall] must order the dealer 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 an opportunity to be heard in pursuance of such notice, and thereafter the department [shall have full power to] may revoke or cancel his license.

    Sec. 26.  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 paying the excise tax may file an appeal with the Nevada tax commission pursuant to NRS 360.245. If the dealer is aggrieved by the decision of the commission rendered on appeal, he may bring an action against the state treasurer in [the district court in and for] a court of competent jurisdiction in Carson City , the county of this state where the dealer resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department, for the recovery of the excise tax so paid under protest.

    Sec. 27.  NRS 365.470 is hereby amended to read as follows:

    365.470  1.  No action authorized by NRS 365.460 may be instituted more than 90 days after [the last day prescribed for the payment of the excise tax without penalty.] a final decision is rendered by the Nevada tax commission on appeal. Failure to bring suit within the 90 days [shall constitute] constitutes a waiver of any and all demands against the state on account of alleged overpayment of excise taxes.

    2.  No grounds of illegality of the excise tax [shall] may be considered by the court other than those set forth in the protest filed at the time of the payment of the excise tax.

    Secs. 28-30.  (Deleted by amendment.)

    Sec. 31.  NRS 372.135 is hereby amended to read as follows:

    372.135  1.  After compliance with NRS 372.125, 372.130 and 372.510 by the applicant, the department shall [grant] :

    (a) Grant and issue to each applicant a separate permit for each place of business within the state.

    (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

         (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

             (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

             (II) The procedures for administering exemptions; and

             (III) The circumstances under which charges for freight are taxable.

         (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.


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ê1999 Statutes of Nevada, Page 2495 (Chapter 484, SB 362)ê

 

    2.  A permit is not assignable [,] and is valid only for the person in whose name it is issued and for the transaction of business at the place designated on it. It must at all times be conspicuously displayed at the place for which it is issued.

    Sec. 32.  NRS 372.660 is hereby amended to read as follows:

    372.660  1.  [Interest] Except as otherwise provided in NRS 360.320, interest must be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the period for which the overpayment was made. No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.

    2.  The interest must be paid:

    (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever is earlier.

    (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.

    Sec. 33.  NRS 372.680 is hereby amended to read as follows:

    372.680  1.  Within 90 days after [the mailing of the notice of the department’s action] a final decision upon a claim filed pursuant to this chapter [,] is rendered by the Nevada tax commission, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City , the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

    2.  Failure to bring an action within the time specified constitutes a waiver of any demand against the state on account of alleged overpayments.

    Sec. 34.  NRS 372.685 is hereby amended to read as follows:

    372.685  If the department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may [, before the mailing of notice by the department of its action on the claim,] consider the claim disallowed and file an appeal with a hearing officer within 45 days after the last day of the 6‑month period. If the claimant is aggrieved by the decision of the hearing officer on appeal, he may, pursuant to the provisions of NRS 360.245, appeal the decision to the Nevada tax commission. If the claimant is aggrieved by the decision of the commission on appeal, he may, within 45 days after the decision is rendered, bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

    Sec. 35.  NRS 372.705 is hereby amended to read as follows:

    372.705  The department may recover any refund or part of it which is erroneously made and any credit or part of it which is erroneously allowed in an action brought in a court of competent jurisdiction in Carson City or Clark County in the name of the State of Nevada.


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ê1999 Statutes of Nevada, Page 2496 (Chapter 484, SB 362)ê

 

    Sec. 36.  NRS 372.710 is hereby amended to read as follows:

    372.710  The action must be tried in Carson City or Clark County unless the court with the consent of the attorney general orders a change of place of trial.

    Sec. 37.  NRS 372.750 is hereby amended to read as follows:

    372.750  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the tax commission or officer , agent or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.

    2.  The tax commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

    3.  The governor may, by general or special order, authorize the examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.

    4.  Upon written request made by a public officer of a local government, the executive director shall furnish from the records of the department, the name and address of the owner of any seller or retailer who must file a return with the department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The executive director may charge a reasonable fee for the cost of providing the requested information.

    5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

    6.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

    7.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the commission, any member of the commission or officer , agent or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.


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ê1999 Statutes of Nevada, Page 2497 (Chapter 484, SB 362)ê

 

officer , agent or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

    Sec. 38.  NRS 374.140 is hereby amended to read as follows:

    374.140  1.  After compliance with NRS 374.130, 374.135 and 374.515 by the applicant, the department shall [grant] :

    (a) Grant and issue to each applicant a separate permit for each place of business within the county.

    (b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by this chapter. The explanation required by this paragraph:

         (1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation and when appropriate:

             (I) An explanation of the circumstances under which a service provided by the applicant is taxable;

             (II) The procedures for administering exemptions; and

             (III) The circumstances under which charges for freight are taxable.

         (2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.

    2.  A permit [shall not be assignable, and shall be] is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. [It shall] A permit must at all times be conspicuously displayed at the place for which it is issued.

    Sec. 39.  NRS 374.357 is hereby amended to read as follows:

    374.357  1.  A person who maintains a business or intends to locate a business in this state may apply to the commission on economic development for an abatement from the taxes imposed by this chapter on the gross receipts from the sale, and the storage, use or other consumption, of eligible machinery or equipment for use by a business which has been approved for an abatement pursuant to subsection 2.

    2.  The commission on economic development may approve an application for an abatement if:

    (a) The goals of the business are consistent with the goals of the commission concerning industrial development and diversification;

    (b) The commission determines that the abatement is a significant factor in the decision of the applicant to locate or expand a business in this state;

    (c) The average hourly wage paid by the business to its employees in this state is at least equal to the average statewide industrial hourly wage as established by the employment security division of the department of employment, training and rehabilitation on July 1 of each fiscal year;

    (d) The business provides a health insurance plan for its employees that includes an option for health insurance coverage for dependents of employees;

    (e) The business is registered pursuant to the laws of this state or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates;


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ê1999 Statutes of Nevada, Page 2498 (Chapter 484, SB 362)ê

 

    (f) The business will provide at least 10 full-time, permanent jobs in Nevada by the fourth quarter that it is in operation; and

    (g) The applicant commits to maintaining his business in this state for at least 5 years.

    3.  An applicant shall, upon the request of the executive director of the commission on economic development, furnish to the director copies of all records necessary for the director to verify that the applicant meets the requirement of paragraph (c) of subsection 2.

    4.  The commission on economic development may approve an application for an abatement which does not meet the requirements of subsection 2 if the commission determines that such an approval is warranted.

    5.  If an application for an abatement is approved, the taxpayer is eligible for an abatement from the tax imposed by this chapter for 2 years.

    6.  If an application for an abatement is approved, the commission on economic development shall immediately forward a certificate of eligibility for the abatement to the Nevada tax commission.

    7.  If a business for which an abatement has been approved is not maintained in this state for at least 5 years after the commission on economic development approved the abatement, the person who applied for the abatement shall repay to the department the amount of the abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada tax commission determines that the business has substantially complied with the requirements of this section. [The] Except as otherwise provided in NRS 360.320 and section 2 of this act, the person who applied for the abatement shall pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the abatement not been granted until the date of the actual payment of the tax.

    8.  The commission on economic development shall adopt regulations which it considers necessary to carry out the provisions of this section.

    9.  As used in this section, unless the context otherwise requires, “eligible machinery or equipment” means machinery or equipment for which a deduction is authorized pursuant to 26 U.S.C. § 179. The term does not include:

    (a) Buildings or the structural components of buildings;

    (b) Equipment used by a public utility;

    (c) Equipment used for medical treatment;

    (d) Machinery or equipment used in mining; or

    (e) Machinery or equipment used in gaming.

    Sec. 40.  NRS 374.665 is hereby amended to read as follows:

    374.665  1.  [Interest] Except as otherwise provided in NRS 360.320, interest must be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the period for which the overpayment was made . [; but no] No refund or credit may be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.


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ê1999 Statutes of Nevada, Page 2499 (Chapter 484, SB 362)ê

 

    2.  The interest must be paid as follows:

    (a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the department that a claim may be filed or the date upon which the claim is certified to the board of county commissioners, whichever date is earlier.

    (b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.

    Sec. 41.  NRS 374.685 is hereby amended to read as follows:

    374.685  1.  Within 90 days after [the mailing of the notice of the department’s action] a final decision upon a claim filed pursuant to this chapter [,] is rendered by the Nevada tax commission, the claimant may bring an action against the department on the grounds set forth in the claim in a court of competent jurisdiction in Carson City , the county of this state where the claimant resides or maintains his principal place of business or a county in which any relevant proceedings were conducted by the department, for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

    2.  Failure to bring an action within the time specified constitutes a waiver of any demand against the county on account of alleged overpayments.

    Sec. 42.  NRS 374.690 is hereby amended to read as follows:

    374.690  If the department fails to mail notice of action on a claim within 6 months after the claim is filed, the claimant may [, prior to the mailing of notice by the department of its action on the claim,] consider the claim disallowed and file an appeal with a hearing officer within 45 days after the last day of the 6‑month period. If the claimant is aggrieved by the decision of the hearing officer on appeal, he may, pursuant to the provisions of NRS 360.245, appeal the decision to the Nevada tax commission. If the claimant is aggrieved by the decision of the commission on appeal, he may, within 45 days after the decision is rendered, bring an action against the department on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

    Sec. 43.  NRS 374.755 is hereby amended to read as follows:

    374.755  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or [official] officer, agent or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.

    2.  The Nevada tax commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.


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ê1999 Statutes of Nevada, Page 2500 (Chapter 484, SB 362)ê

 

    3.  The governor may, however, by general or special order, authorize the examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.

    4.  Upon written request made by a public officer of a local government, the executive director shall furnish from the records of the department, the name and address of the owner of any seller or retailer who must file a return with the department. The request must set forth the social security number of the owner of the seller or retailer about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The executive director may charge a reasonable fee for the cost of providing the requested information.

    5.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

    6.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

    7.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the commission, any member of the commission or officer , agent or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

    Sec. 44.  NRS 375A.170 is hereby amended to read as follows:

    375A.170  If the return provided for in NRS 375A.150 is not filed within the time specified in that section or the extension specified in NRS 375A.155, then the personal representative shall pay, except as otherwise provided in NRS 360.320 and section 2 of this act, and in addition to the interest provided in NRS 375A.205, a penalty equal to 5 percent of the tax due, as finally determined, for each month or portion of a month during which that failure to file continues, not exceeding 25 percent in the aggregate, unless it is shown that there was reasonable cause for the failure to file. If a similar penalty for failure to file timely the federal estate tax return is waived, that waiver shall be deemed to constitute reasonable cause for purposes of this section.

    Sec. 45.  NRS 375A.195 is hereby amended to read as follows:

    375A.195  If it is claimed that a deficiency has been determined in an erroneous amount, any person who is liable for the tax may [,] appeal the determination to the Nevada tax commission pursuant to NRS 360.245. If the person who is liable for the tax is aggrieved by the decision of the commission on appeal, he may, within 3 years after the determination was made, bring an action against the State of Nevada in the district court having jurisdiction over the estate to have the tax modified in whole or in part.


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ê1999 Statutes of Nevada, Page 2501 (Chapter 484, SB 362)ê

 

the person who is liable for the tax is aggrieved by the decision of the commission on appeal, he may, within 3 years after the determination was made, bring an action against the State of Nevada in the district court having jurisdiction over the estate to have the tax modified in whole or in part.

    Sec. 46.  NRS 375A.205 is hereby amended to read as follows:

    375A.205  1.  The tax imposed by NRS 375A.100 does not bear interest if it is paid before the date on which it otherwise becomes delinquent. [If] Except as otherwise provided in NRS 360.320 and section 2 of this act, if the tax is paid after that date, the tax bears interest at the rate set by the executive director, from the date it became delinquent until it is paid.

    2.  The executive director shall set and maintain the rate of interest for late payments at the highest rate permissible pursuant to section 4 of article 10 of the Nevada constitution.

    Sec. 47.  NRS 375A.215 is hereby amended to read as follows:

    375A.215  1.  If any personal representative fails to pay any tax imposed by NRS 375A.100 for which he is liable before the date the tax becomes delinquent, he must, on motion of the department, be required by the district court having jurisdiction over the estate to execute a bond to the State of Nevada in an amount equal to twice the amount of the tax, with such sureties as the court may approve, conditioned for the payment of the tax, plus interest on the tax at the rate of interest set by the executive director pursuant to NRS 375A.205 commencing on the date the tax became delinquent, unless otherwise provided in NRS 360.320 or section 2 of this act. The bond must be executed within a certain time to be fixed by the court and specified in the bond.

    2.  The bond must be filed in the office of the clerk of the court, and a certified copy must be immediately transmitted to the department.

    3.  If the bond is not filed within 20 days after the date of the filing of the order requiring it, the letters of the personal representative affected must be revoked upon motion of the department.

    Sec. 48.  NRS 375A.225 is hereby amended to read as follows:

    375A.225  Interest must be paid upon any overpayment of the tax due under NRS 375A.100 at the rate of interest set by the executive director pursuant to NRS 375A.205. [That] Except as otherwise provided in NRS 360.320, the interest must be allowed from the date on which payment of the tax would have become delinquent, if not paid, or the date of actual payment, whichever is later, to a date preceding the date of the refund by not more than 30 days, as determined by the department.

    Sec. 49.  NRS 375A.690 is hereby amended to read as follows:

    375A.690  [If] Except as otherwise provided in NRS 360.320 and section 2 of this act, if the board determines that a decedent dies domiciled in this state, the total amount of interest and penalties for nonpayment of the tax, between the date of the election and the final determination of the board, must not exceed an amount determined by applying the rate of interest set by the executive director pursuant to NRS 375A.205 to the amount of the taxes due.


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ê1999 Statutes of Nevada, Page 2502 (Chapter 484, SB 362)ê

 

    Sec. 50.  NRS 375B.190 is hereby amended to read as follows:

    375B.190  If the return required by NRS 375B.150 is not filed within the time specified in that section or the extension specified in NRS 375B.160, the person liable for the tax shall pay, except as otherwise provided in NRS 360.320 and section 2 of this act, and in addition to the interest provided in NRS 375B.250, a penalty equal to 5 percent of the tax due, as finally determined, for each month or portion of a month during which that failure to file continues, not exceeding 25 percent in the aggregate, unless it is shown that there was reasonable cause for the failure to file. If a similar penalty for failure to file timely the federal estate tax return is waived, that waiver shall be deemed to constitute reasonable cause for purposes of this section.

    Sec. 51.  NRS 375B.230 is hereby amended to read as follows:

    375B.230  1.  If it is claimed that a deficiency has been determined in an erroneous amount, any person who is liable for the tax may [,] appeal the determination to the Nevada tax commission pursuant to NRS 360.245. If the person who is liable for the tax is aggrieved by the decision of the commission on appeal, he may, within 3 years after the determination was made, bring an action against the State of Nevada in the district court having jurisdiction over the property which was transferred to have the tax modified in whole or in part.

    2.  The department shall give notice of the deficiency determined, together with any penalty for failure to file a return, by personal service or by mail to the person filing the return at the address stated in the return, or, if no return is filed, to the person liable for the tax. Copies of the notice of deficiency may in the same manner be given to such other persons as the department deems advisable.

    Sec. 52.  NRS 375B.250 is hereby amended to read as follows:

    375B.250  1.  [If] Except as otherwise provided in NRS 360.320 and section 2 of this act, if the tax is paid after the due date, the tax bears interest at the rate set by the executive director, from the due date of the return.

    2.  The executive director shall set and maintain the rate of interest for late payments at the highest rate permissible pursuant to section 4 of article 10 of the Nevada constitution.

    Sec. 53.  NRS 375B.270 is hereby amended to read as follows:

    375B.270  1.  If any person who is liable for the tax fails to pay any portion of the tax imposed by NRS 375B.100 on or before the date the tax is due, he must, on motion of the department, be required by the district court having jurisdiction over the generation-skipping transfer to execute a bond to the State of Nevada in an amount equal to twice the amount of the tax due, with such sureties as the court may approve, conditioned upon the payment of the tax, plus interest on the tax at the rate of interest set by the executive director pursuant to NRS 375B.250 commencing on the date the tax became due, unless otherwise provided in NRS 360.320 and section 2 of this act. The bond must be executed within a time certain to be fixed by the court and specified in the bond.

    2.  The bond must be filed in the office of the clerk of the court, and a certified copy must be immediately transmitted to the department.


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ê1999 Statutes of Nevada, Page 2503 (Chapter 484, SB 362)ê

 

    Sec. 53.2.  Section 17 of Assembly Bill No. 375 of this session is hereby amended to read as follows:

   Sec. 17.  NRS 361.570 is hereby amended to read as follows:

   361.570  1.  Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out [his certificate authorizing] a certificate that describes each property on which delinquent taxes have not been paid. The certificate authorizes the county treasurer, as trustee for the state and county, to hold [the] each property described in the [notice] certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

   2.  The certificate must specify:

   (a) The amount of delinquency [,] on each property, including the amount and year of assessment;

   (b) The taxes , and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this [act,] session, interest on the taxes will be added at the rate of 10 percent per annum from the date due until paid; and

   (c) The name of the owner or taxpayer [,] of each property, if known.

   3.  The certificate must state, and it is hereby provided:

   (a) That [the] each property described in the certificate may be redeemed within 2 years after [its date;] the date of the certificate; and

   (b) That [, if not redeemed,] the title to [the] each property not redeemed vests in the county for the benefit of the state and county.

   4.  Until the expiration of the period of redemption, [the] each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee, and before the owner or his successor redeems the property, he shall also pay the county treasurer holding the certificate any additional taxes assessed and accrued against the property after the date of the certificate, together with [the] interest on the taxes at the rate of 10 percent per annum from the date due until paid, unless otherwise provided in NRS 360.320 or section 2 of [this act.

   5.  The] Senate Bill No. 362 of this session.

   5.  A county treasurer shall take [certificates] a certificate issued to him [under the provisions of] pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate the repayment of any of those delinquent taxes. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.


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ê1999 Statutes of Nevada, Page 2504 (Chapter 484, SB 362)ê

 

    Sec. 53.4.  Section 48 of Assembly Bill No. 584 of this session is hereby amended to read as follows:

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

   360.417  Except as otherwise provided in NRS 360.320 and section 2 of Senate Bill No. 362 of this [act,] session, and 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. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada tax commission which takes into consideration the length of time the tax or fee remained unpaid.

    Sec. 53.6.  Section 87 of Assembly Bill No. 584 of this session is hereby amended to read as follows:

   Sec. 87.  NRS 365.310 is hereby amended to read as follows:

     365.310  1.  The department 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 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 may revoke or cancel his license.

    Sec. 53.8.  1.  Notwithstanding the provisions of NRS 365.470, if a person properly files an appeal with the Nevada tax commission pursuant to NRS 365.460 before January 1, 2002, and the commission fails to render a final decision on the appeal before that date, the person may commence an action against the state treasurer pursuant to NRS 365.460 not later than:

    (a) April 1, 2002; or

    (b) Ninety days after the last day prescribed for the payment of the excise tax without a penalty,

whichever occurs last.


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ê1999 Statutes of Nevada, Page 2505 (Chapter 484, SB 362)ê

 

    2.  The provisions of subsection 4 of section 54 of this act do not affect any actions commenced before January 1, 2002, against the state treasurer pursuant to NRS 365.460.

    Sec. 54.  1.  This section and sections 1 to 9, inclusive, 11 to 30, inclusive, 32 to 37, inclusive, and 39 to 53.8, inclusive, of this act become effective on July 1, 1999.

    2.  Section 10 of this act becomes effective at 12:01 a.m. on July 1, 1999.

    3.  Sections 31 and 38 of this act become effective on July 1, 2000.

    4.  Sections 26 and 27 of this act expire by limitation on December 31, 2001.

________

 

CHAPTER 485, SB 372

Senate Bill No. 372–Senator Townsend

 

CHAPTER 485

 

AN ACT relating to motor vehicles; revising the rights of dealers in new vehicles as against manufacturers, importers and distributors; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

    Sec. 2.  1.  In addition to other criteria provided for determining whether good cause exists for terminating, refusing to continue, modifying or replacing a franchise, or for establishing an additional dealership or relocating an existing dealership, the director shall consider the lasting nature of each affected dealer’s investment. The investment includes commitments of the owner to the dealership, the value of time and effort devoted to building the business, and any real property of the owner used by the dealership whether or not held in the name of the dealership.

    2.  The sole fact that a manufacturer or distributor desires further penetration of the market does not constitute good cause to take any of the actions described in subsection 1.

    Sec. 3.  The director shall adopt regulations for the conduct of discovery preliminary to each hearing required pursuant to NRS 482.36352, 482.36354 or 482.36357. The practice so established must conform insofar as practicable to the practice established for use in the district courts pursuant to N.R.C.P. 26 to 37, inclusive.

    Sec. 4.  A manufacturer or distributor, or an agent, officer, parent, subsidiary or enterprise under common control with a manufacturer or distributor shall not own or operate a facility for the repair or maintenance of motor vehicles except:

    1.  Vehicles owned or operated by the manufacturer, distributor or a related person; or

    2.  Service required to comply with a statute or regulation or the order of a court.


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ê1999 Statutes of Nevada, Page 2506 (Chapter 485, SB 372)ê

 

    Sec. 5.  It is an unfair act or practice for a manufacturer or distributor to:

    1.  Sell or offer to sell a new motor vehicle to a dealer at a lower actual price than the actual price offered to another dealer for the same model similarly equipped or to use a promotion or other device that results in a lower actual price. This subsection does not apply to a sale to a governmental unit or to a dealer for resale to a governmental unit, or to a sale to a dealer of a vehicle ultimately sold, donated or used by the dealer or in a program of driver’s education.

    2.  Offer, sell or lease a new motor vehicle to any person, except a distributor, at a lower actual price than the price offered or charged a dealer for the same model similarly equipped, or use any device that results in a lower actual price.

    3.  Offer or sell parts or accessories to a dealer for his own use in repairing or replacing the same or a comparable part or accessory at a lower actual price than the actual price charged to another dealer for his own similar use, but a lower price may be charged to a dealer who buys as a distributor for resale to retail outlets than is charged to a dealer who does not buy for that purpose.

    Sec. 6.  A manufacturer, importer or distributor shall not:

    1.  Adopt or put into effect a method for the allocation, scheduling or delivery of new motor vehicles, parts or accessories to its dealers that is not fair, reasonable and equitable or change an existing method so as to be unfair, unreasonable or inequitable. Upon the request of a dealer, a manufacturer, importer or distributor shall disclose in writing to the dealer the method by which new motor vehicles, parts and accessories are allocated, scheduled or delivered to its dealers handling the same line or make of vehicles.

    2.  Refuse or fail to deliver, in reasonable quantities and within a reasonable time after receipt of an order, to a dealer holding a franchise for a line or make of motor vehicle sold or distributed by the manufacturer, importer or distributor any new vehicle sold under the same name, trade-mark, service mark or brand, or parts or accessories for the new vehicle, if the vehicle, parts or accessories are being delivered to others or advertised as available for delivery, or require a dealer to purchase unreasonable advertising displays or other materials, or require a dealer to remodel or renovate his existing facilities as a prerequisite to receiving a model or series of vehicles. Compliance with this subsection is excused if prevented by an act of God, strike or labor dispute, embargo or other cause beyond the control of the manufacturer, importer or distributor.

    Sec. 7.  1.  Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, if a transfer of the entire, or substantially the entire, ownership or of all, or substantially all, the assets of a dealership is proposed, a manufacturer or distributor may exercise a contractual right of first refusal only if all the following requirements are met:

    (a) The transfer is not to the dealer’s spouse, a member of his family, a qualified manager, or a trust or artificial person controlled by any of them.

    (b) The manufacturer or distributor notifies the dealer in writing, within 60 days after receipt of the completed form and information customarily used to review such transfers and a copy of all relevant agreements, of its intent to exercise the right of first refusal or its rejection of the proposed transfer.


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ê1999 Statutes of Nevada, Page 2507 (Chapter 485, SB 372)ê

 

used to review such transfers and a copy of all relevant agreements, of its intent to exercise the right of first refusal or its rejection of the proposed transfer. If the manufacturer or distributor fails to notify the dealer within the 60-day period, the effect is to approve the proposed transfer.

    (c) The exercise of the right of first refusal provides to the dealer the same compensation as or greater compensation than he had negotiated to receive from the proposed transferee.

    (d) The manufacturer or distributor agrees to pay the reasonable expenses, including attorney’s fees that do not exceed the usual and reasonable fees charged to other clients for similar work, incurred by the proposed transferee before the exercise of the right of first refusal in negotiating and putting into effect the proposed transfer.

    2.  A manufacturer or distributor shall not utilize a right of first refusal to influence terms offered by a third person, or to influence a third person to refrain from negotiating, for the acquisition of a dealership.

    Sec. 8.  A manufacturer shall not require a dealer to disclose information concerning a customer to the manufacturer or a third party if the customer objects or the disclosure is otherwise unlawful.

    Sec. 9.  NRS 482.36311 is hereby amended to read as follows:

    482.36311  As used in NRS 482.36311 to 482.36425, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 482.36319 to 482.36345, inclusive, have the meanings ascribed to them in those sections.

    Sec. 10.  NRS 482.36352 is hereby amended to read as follows:

    482.36352  1.  Notwithstanding the terms of any franchise, a manufacturer or distributor shall not terminate or refuse to continue any franchise unless it has received the written consent of the dealer or:

    (a) It has given written notice of its intention to the dealer and the director; and

    (b) Either of the following conditions occurs:

         (1) The dealer does not file a protest with the director within the time allowed by this section; or

         (2) After the dealer has filed a protest and the director has conducted a hearing on the matter, the director issues an order authorizing the manufacturer or distributor to terminate the franchise or permit it to lapse.

    2.  The notice required by this section must be given to the dealer and the director:

    (a) At least 15 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal include any of the following:

         (1) Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, transfer of any ownership or interest in the franchised dealership without the consent of the manufacturer or distributor unless that consent has been withheld without good cause;

         (2) Material misrepresentation by the dealer in applying for the franchise;

         (3) Insolvency of the dealer or the filing of any petition by or against the dealer under any law governing bankruptcy or receivership ; [law;]


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ê1999 Statutes of Nevada, Page 2508 (Chapter 485, SB 372)ê

 

         (4) Any unfair business practice by the dealer after the manufacturer or distributor has issued a written warning to the dealer to desist from that practice;

         (5) Revocation of a dealer’s license under this chapter;

         (6) Conviction of the dealer for a felony; and

         (7) Closure by the dealer for a period longer than 14 days, unless the closure was caused by a force beyond the control of the dealer.

    (b) At least 60 days before the effective date of the intended termination or the date on which the existing franchise is to expire if the grounds for the termination or refusal do not include one or more of those set forth in paragraph (a).

The notice required by this section must include a statement of the particular grounds for the intended termination or refusal to continue a franchise.

    3.  A dealer who has received a notice pursuant to this section may file a protest with the director:

    (a) Within 10 days after receiving the notice if it states one or more of the grounds specified in paragraph (a) of subsection 2; [or]

    (b) Within 30 days after receiving the notice if it does not state one of the grounds specified in that paragraph [.] ; or

    (c) In either case, within 30 days after the end of any appellate procedure provided by the manufacturer or distributor.

    Sec. 11.  NRS 482.363521 is hereby amended to read as follows:

    482.363521  1.  Upon the termination or refusal to continue a franchise, the manufacturer or distributor shall compensate the dealer for:

    (a) The dealer’s inventory of new vehicles, including new vehicles not of the current model year. As used in this paragraph, a “new vehicle” is one which has not been damaged or materially altered and registers 50 miles or less on its odometer.

    (b) The dealer’s inventory of parts and accessories which:

         (1) Have been purchased by the dealer from the manufacturer or distributor; and

         (2) Are listed in a current parts catalog of the manufacturer or distributor.

    (c) Any special tools purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

    (d) Any equipment, furnishings or signs purchased by the dealer from the manufacturer or distributor, less a reasonable allowance for depreciation.

    (e) Except as otherwise provided in subsection 4, the fair rental value for 90 days , and any additional period allowed by the director after considering the difficulty of finding a new tenant for the dealer’s premises affected, after the effective date of the termination or refusal to continue of the portion of the dealer’s place of business that was used by the dealer to sell or service motor vehicles or other products of the manufacturer or distributor.

    2.  Compensation paid pursuant to paragraphs (a) to (d), inclusive, of subsection 1 must be paid in an amount at least equal to the greater of:

    (a) The amount actually paid by the dealer for the vehicles, parts, tools and equipment; or

    (b) The amount currently paid by other dealers in this state for the vehicles, parts, tools and equipment.


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ê1999 Statutes of Nevada, Page 2509 (Chapter 485, SB 372)ê

 

    3.  If compensation is paid pursuant to paragraph (e) of subsection 1, the dealer shall allow the manufacturer or distributor paying [such] the compensation the use and possession of the [place of business.] premises affected.

    4.  The manufacturer or distributor is not required to pay compensation pursuant to paragraph (e) of subsection 1 if the dealer has been convicted of a crime involving fraud in connection with his application for or operation of the franchise.

    5.  This section does not relieve a dealer of his obligation to mitigate damages resulting from the termination or refusal to continue the franchise.

    Sec. 12.  NRS 482.36355 is hereby amended to read as follows:

    482.36355  In determining whether good cause has been established for permitting a manufacturer or distributor to terminate, refuse to continue, modify or replace a franchise, the director shall consider, without limitation:

    1.  The amount of business transacted by the dealer, as compared to the business available to the dealer, but only if there was merchandise available to the dealer in sufficient quantities of models to match competitive makes and models available in the relevant marketing area. All transactions and all registrations must be taken into account within the area covered by the franchise.

    2.  The investment necessarily made and obligations incurred by the dealer to perform its part of the franchise.

    3.  [The permanency of the dealer’s investment.

    4.]  Whether the proposed action would be injurious or beneficial to the public welfare.

    [5.] 4.  Whether the dealer has adequate new facilities for sales and service, equipment, vehicle parts and qualified personnel to provide reasonably for the needs of the customers for the new vehicles handled by the dealer, and whether he has been and is rendering adequate services to the public.

    [6.] 5.  Whether the dealer fails to fulfill warranty obligations of the manufacturer or distributor to be performed by the dealer.

    [7.] 6.  The extent of the dealer’s failure, if any, to comply with the terms of the franchise.

    [8.] 7.  Whether the dealer, his successor in interest or the manufacturer or distributor has complied with the provisions of NRS 482.36396 to 482.36414, inclusive.

    Sec. 13.  NRS 482.36358 is hereby amended to read as follows:

    482.36358  In determining whether good cause has been established for preventing a manufacturer or distributor from establishing an additional dealership or relocating an existing dealership within the relevant market area of another dealer in the same line and make of vehicles, the director shall consider, without limitation:

    1.  [The permanency of the investment of each affected dealer.

    2.]  The effect of the intended action on the business of selling new motor vehicles at retail in the relevant market area.

    [3.] 2.  Whether the establishment of an additional dealership or the relocation of an existing dealership for motor vehicles of the particular line and make would be injurious to the welfare of the public.


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ê1999 Statutes of Nevada, Page 2510 (Chapter 485, SB 372)ê

 

    [4.] 3.  Whether the dealers franchised to sell new motor vehicles of the particular line and make in the relevant market area are providing adequate competition, convenient customer service and adequate personnel and facilities for sales of the vehicles to persons in the area, as well as adequate equipment, spare parts and qualified mechanics and other service personnel for repair and maintenance of the vehicles.

    [5.] 4.  Whether the establishment of an additional dealership or the relocation of an existing dealership would increase constructive competition and therefore be in the public interest.

    [6.] 5.  Any other fact which the director regards as relevant to the decision required of him.

    Sec. 14.  NRS 482.36361 is hereby amended to read as follows:

    482.36361  1.  If the director receives a written protest from a [franchise] dealer pursuant to NRS 482.36352, 482.36354 or 482.36357, the director shall [schedule a hearing on the protest within 60 days after the director receives it. The director shall] give notice as follows:

    (a) To the manufacturer or distributor, that the protest has been filed [, the date, time, and place of the hearing on the protest,] and that he may not take the intended action which has given rise to the protest until the director has made his findings and issued an order permitting him to do so; and

    (b) [To the dealer who has protested, the date, time, and place of the hearing on his protest; and

    (c)] To any other dealer who has requested such a notice or who may be adversely affected by the intended action, [the date, time and place of the hearing.] that the protest has been filed.

    2.  A manufacturer or distributor who receives a notice pursuant to this section shall not proceed with the action which has given rise to the protest until the director notifies him that he has made a decision authorizing him to proceed with that action.

    3.  Upon completion of discovery by the parties, the director shall schedule a hearing upon the protest, to be held within 60 days thereafter.

    4.  If two or more protests are filed concerning a particular intended action, the director may consolidate the hearings on the protests.

    Sec. 15.  NRS 482.36363 is hereby amended to read as follows:

    482.36363  1.  In any hearing on a protest filed pursuant to NRS 482.36352 , [or] 482.36354 [,] or 482.36357, the manufacturer or distributor has the burden of proof to establish that there is good cause to terminate, refuse to continue, modify or replace a franchise [.] , or to establish an additional dealership or relocate an existing dealership.

    2.  In any hearing on a protest filed pursuant to NRS 482.36357, the [dealer has the burden of proof to establish that there is good cause to prevent the establishment of an additional dealership or the relocation of an existing dealership.] director shall consider the economic effect of the proposed action upon the protesting dealer.

    Sec. 16.  NRS 482.36371 is hereby amended to read as follows:

    482.36371  1.  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

    [1.] (a) Prevent or require or attempt to prevent or require by contract or otherwise any change in the capital structure of a dealer or the means by which he finances his operation if at all times the dealer meets any reasonable standards for capital previously agreed to by the dealer and the manufacturer or distributor.


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

ê1999 Statutes of Nevada, Page 2511 (Chapter 485, SB 372)ê

 

which he finances his operation if at all times the dealer meets any reasonable standards for capital previously agreed to by the dealer and the manufacturer or distributor. A dealer may not change the capital structure if it causes a change in the ownership or control of the franchised dealership, or has the effect of a sale of the franchised dealership, without the consent of the manufacturer or distributor . [, which] The consent must not be unreasonably withheld.

    [2.] (b) Prevent or require or attempt to prevent or require a dealer to change his executive management.

    [3.] (c) Prevent or require or attempt to prevent or require by contract or otherwise the sale or transfer of any part of the interest of the principal owner or any officer, partner [,] or stockholder of any dealership to any other person. Except as otherwise provided in NRS 482.36396 to 482.36414, inclusive, a principal owner, officer, partner or stockholder may not cause a change in the control of the dealership or sell, transfer or assign the franchise or any right thereunder without the consent of the manufacturer or distributor . [, which] The consent must not be unreasonably withheld.

    [4.] (d) Prevent or attempt to prevent a dealer from receiving fair and reasonable compensation for the value of the franchised dealership as a going concern.

    2.  If the consent of a manufacturer or distributor to a change of ownership or control is requested pursuant to paragraph (a) or (c), the manufacturer or distributor shall grant or deny the request, in writing, within 60 days after receipt of the request. If the request is denied, the material reasons for the denial must be stated. Failure to grant or deny the request, in writing, within 60 days has the effect of granting the request.

    Sec. 17.  NRS 482.3638 is hereby amended to read as follows:

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

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

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

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

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


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ê1999 Statutes of Nevada, Page 2512 (Chapter 485, SB 372)ê

 

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

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

    (c) Transportation cost increases,

are not subject to this subsection.

    5.  Deny the principal owner the opportunity to designate his spouse, a member of his family [or other qualified designee] , a qualified manager, or a trust or other artificial person controlled by any of them as entitled to participate in the ownership of:

    (a) The franchised dealership;

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

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

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

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

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

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

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

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

The manufacturer, distributor or factory branch shall notify the dealer in writing of its decision to approve or deny the request within 90 days after receipt of the request. The manufacturer, distributor or factory branch shall not unreasonably withhold its approval. If the request is denied, the material reasons for the denial must be stated. Failure to approve or deny the request, in writing, within 90 days has the effect of approval.

    Sec. 18.  NRS 482.36385 is hereby amended to read as follows:

    482.36385  It is an unfair act or practice for any manufacturer, distributor or factory branch, directly or through any representative, to:

    1.  Compete with a dealer . [in the relevant market area.] A manufacturer or distributor shall not be deemed to be competing when operating a previously existing dealership temporarily for a reasonable period , [of time,] or in a bona fide retail operation which is for sale to any qualified person at a fair and reasonable price, or in a bona fide relationship in which a person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.


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ê1999 Statutes of Nevada, Page 2513 (Chapter 485, SB 372)ê

 

    2.  Discriminate unfairly among its dealers, or fail without good cause to comply with franchise agreements, with respect to warranty reimbursement or authority granted to its dealers to make warranty adjustments with retail customers.

    3.  Fail to compensate [fairly] a dealer fairly for the work and services which he is required to perform in connection with the delivery and preparation obligations under any franchise, or fail to compensate [fairly] a dealer fairly for labor, parts and other expenses incurred by him under the manufacturer’s warranty agreements. The manufacturer shall set forth in writing the respective obligations of a dealer and the manufacturer in the preparation of a vehicle for delivery, and as between them a dealer’s liability for a defective product is limited to his obligation so set forth. Fair compensation includes diagnosis and reasonable administrative and clerical costs. The dealer’s compensation for parts and labor to satisfy a warranty must not be less than the amount of money charged to its various retail customers for parts and labor that are not covered by a warranty. If parts are supplied by the manufacturer, including exchanged parts and assembled components, the dealer is entitled with respect to each part to an amount not less than his normal retail markup for the part. This subsection does not apply to compensation for any part, system, fixture, appliance, furnishing, accessory or feature of a motor home or recreational vehicle that is designed, used and maintained primarily for nonvehicular, residential purposes.

    4.  Fail to pay all claims made by dealers for compensation for delivery and preparation work, transportation claims, special campaigns and work to satisfy warranties within 30 days after approval, or fail to approve or disapprove such claims within 30 days after receipt, or disapprove any claim without notice to the dealer in writing of the grounds for disapproval. Failure to approve or disapprove or to pay within the specified time limits in an individual case does not constitute a violation of this section if the failure is [due to] because of reasons beyond the control of the manufacturer, distributor or factory branch.

    5.  Sell a new motor vehicle to a person who is not licensed as a new motor vehicle dealer under the provisions of this chapter.

    6.  Use false, deceptive or misleading advertising or engage in deceptive acts in connection with the manufacturer’s or distributor’s business.

    7.  Perform an audit to confirm a warranty repair, sales incentive or rebate more than 12 months after the date of the transaction.

    Sec. 19.  NRS 482.36395 is hereby amended to read as follows:

    482.36395  No motor vehicle manufacturer, distributor, factory branch or representative thereof may:

    1.  Encourage, aid or abet a dealer to sell motor vehicles through any false, deceptive or misleading sales or financing practice.

    2.  Refuse to deliver an order of a dealer within 60 days after the order is received in writing unless the inability to deliver the order is caused by shortage or curtailment of material, labor, production capacity, transportation or utility services, or to any labor or production difficulty, or to any cause beyond the reasonable control of the motor vehicle manufacturer or distributor.


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ê1999 Statutes of Nevada, Page 2514 (Chapter 485, SB 372)ê

 

    3.  Coerce, compel or otherwise require any dealer to pay over or to repay any amount of money or other consideration which is in substantiation of or repayment for any advertising, promotion activity or scheme, or method of implementing the sale of motor vehicles.

    4.  Demand or require, directly or indirectly, a dealer to pay any amount of money which is projected or proposed for the advertisement, display or promotion of any motor vehicle which is being sold pursuant to a franchise, unless the dealer has agreed thereto in writing.

    5.  Demand or require, directly or indirectly, a dealer to comply with standards which exceed commonly accepted business practices within the automotive industry relating to sales or service of motor vehicles.

    6.  Based solely upon the results of a survey of a dealer’s customers conducted by or on behalf of a motor vehicle manufacturer which is intended or otherwise purports to measure the performance of a dealer:

    (a) Discriminate, directly or indirectly, against a dealer; [or]

    (b) Take any action to terminate a dealer’s franchise [.] ; or

    (c) Refuse to consent to the designation of a successor, refuse to honor a right of succession set forth in a franchise or refuse to approve the transfer of a controlling interest in a dealership.

This subsection does not prohibit a motor vehicle manufacturer, distributor, factory branch or representative thereof from conducting a contest or other award program to recognize the performance of a dealer based on reasonable criteria relating to sales or service of motor vehicles.

    Sec. 20.  NRS 482.36423 is hereby amended to read as follows:

    482.36423  1.  Whenever it appears that a person has violated or is violating or is threatening to violate any provision of NRS 482.36311 to 482.36425, inclusive, any person aggrieved thereby may apply to the district court in the county where the defendant resides, or in the county where the violation or threat of violation occurs, for injunctive relief to restrain the person from continuing the violation or threat of violation.

    2.  In addition to any other judicial relief, any dealer or person who assumes the operation of a franchise pursuant to NRS 482.36396 to 482.36414, inclusive, who is injured in his business or property by reason of a violation of NRS 482.36311 to 482.36425, inclusive, may bring an action in the district court in which the dealership is located, and may recover [actual damages] three times the pecuniary loss sustained by him, and the cost of suit, including a reasonable attorney’s fee. [In an action for money damages, the court or jury may award punitive damages if the defendant acted maliciously.] The amount of [damages] pecuniary loss sustained by [any] a dealer, pursuant to subsection 6 of NRS 482.3638, is the fair market value of the franchised dealership at the time of notification of termination, refusal to continue or unilateral modification of a franchise.

    3.  Any [company, firm, partnership, corporation or association] artificial person created and existing under the laws of any other state, territory, foreign government or the government of the United States, or any person residing outside the state, who grants a franchise to any dealer in this state may be served with any legal process in any action for injunctive relief or civil damages in the following manner:

    (a) By delivering a copy of the process to the director; and


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ê1999 Statutes of Nevada, Page 2515 (Chapter 485, SB 372)ê

 

    (b) By mailing to the last known address of the manufacturer or distributor, by certified mail, return receipt requested, a copy of the summons, a copy of the complaint, together with copies of any petition or order for injunctive relief.

    4.  The defendant has 30 days, exclusive of the day of service, within which to answer or plead.

    5.  The method of service provided in this section is cumulative and may be utilized with, after or independently of all other methods of service.

    Sec. 21.  NRS 482.36375 is hereby repealed.

________

 

CHAPTER 486, SB 396

Senate Bill No. 396–Senators Townsend and Titus

 

CHAPTER 486

 

AN ACT relating to animals; making certain acts regarding the treatment of certain animals unlawful; increasing the penalties for certain mistreatment of animals; clarifying the definition of a service animal; providing penalties; providing certain exceptions with respect to rodeos, livestock shows and ranches; prohibiting a place of public accommodation from refusing admission or service to a person who is accompanied by a police dog; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 206.150 is hereby amended to read as follows:

    206.150  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, any person who willfully and maliciously kills, maims or disfigures any animal belonging to another, or exposes any poison or noxious substance with intent that it should be taken by the animal is guilty of a public offense proportionate to the value of the loss resulting therefrom but in no event less than a gross misdemeanor.

    2.  Except as otherwise provided in NRS 205.220, a person who willfully and maliciously kills an estray or one or more head of livestock, without the authority to do so, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    3.  The provisions of subsection 1 do not apply to any person who kills a dog pursuant to NRS 575.020.

    4.  As used in this section:

    (a) “Estray” means any livestock running at large upon public or private lands in this state, whose owner is unknown in the section where the animal is found.

    (b) “Livestock” has the meaning ascribed to it in NRS 205.219.

    Sec. 2.  NRS 426.097 is hereby amended to read as follows:

    426.097  “Service animal” means an animal which has been or is being trained to provide a specialized service to a handicapped person [.] by a school that is approved by the division to train such an animal.


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ê1999 Statutes of Nevada, Page 2516 (Chapter 486, SB 396)ê

 

    Sec. 3.  NRS 426.790 is hereby amended to read as follows:

    426.790  1.  [It is unlawful for any person to beat, harass, intimidate or interfere with] A person shall not willfully and maliciously:

    (a) Interfere with;

    (b) Beat, harass or intimidate; or

    (c) Kill,

a guide dog, hearing dog, helping dog or other service animal.

    2.  Any person who violates [subsection 1 shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.] :

    (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

    (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

    (c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 4.  NRS 504.490 is hereby amended to read as follows:

    504.490  1.  Any person, not authorized to do so, who:

    [1.] (a) Removes or attempts to remove a wild horse from the public lands;

    [2.] (b) Converts a wild horse to private use;

    [3.] (c) Harasses a wild horse or , except as otherwise provided in subsection 2, kills a wild horse;

    [4.] (d) Uses an aircraft or a motor vehicle to hunt any wild horse;

    [5.] (e) Pollutes or causes the pollution of a watering hole on public land to trap, wound, kill or maim a wild horse;

    [6.] (f) Makes or causes the remains of a wild horse to be made into any commercial product;

    [7.] (g) Sells a wild horse which strays onto private property; or

    [8.] (h) Willfully violates a regulation adopted by the commission for the preservation of wild horses,

is guilty of a gross misdemeanor.

    2.  A person who willfully and maliciously kills a wild horse is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    Sec. 5.  Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.

    Sec. 6.  1.  A person shall not willfully and maliciously:

    (a) Taunt, torment, tease, beat, strike or administer a desensitizing drug, chemical or substance to a police animal;

    (b) Interfere with a police animal or a handler thereof in the performance of duties assigned to the police animal or handler; or

    (c) Torture, mutilate, injure, poison, disable or kill a police animal.

    2.  A person who violates:

    (a) Paragraph (a) or (b) of subsection 1 is guilty of a misdemeanor.

    (b) Paragraph (c) of subsection 1 is guilty of:

         (1) If the police animal is not totally disabled or killed, a gross misdemeanor.

         (2) If the police animal is totally disabled or killed, a category C felony and shall be punished as provided in NRS 193.130. In addition to the punishment imposed pursuant to this subparagraph, the court may require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.


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ê1999 Statutes of Nevada, Page 2517 (Chapter 486, SB 396)ê

 

require a person who is punished pursuant to this subparagraph to pay restitution to the agency that owns the police animal, including, without limitation, payment for veterinary services and the cost of replacing the police animal.

    3.  The provisions of this section do not prohibit a euthanasia technician licensed pursuant to chapter 638 of NRS, a peace officer or a veterinarian from euthanizing a police animal in an emergency if the police animal is critically wounded and would otherwise endure undue suffering and pain.

    Sec. 7.  1.  A person shall not:

    (a) Willfully, unjustifiably and maliciously tamper or interfere with;

    (b) Willfully and unjustifiably abuse or injure, or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of abusing or injuring; or

    (c) Willfully and unjustifiably kill or willfully and unjustifiably set on foot, instigate, engage in or in any way further an act of killing,

a dog owned by another person that is used in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined.

    2.  A person who violates:

    (a) Paragraph (a) of subsection 1 is guilty of a misdemeanor.

    (b) Paragraph (b) of subsection 1 is guilty of a gross misdemeanor.

    (c) Paragraph (c) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

    Sec. 8.  NRS 574.050 is hereby amended to read as follows:

    574.050  As used in NRS 574.050 to 574.200, inclusive [:] , and sections 6 and 7 of this act:

    1.  “Animal” does not include the human race, but includes every other living creature.

    2.  “Police animal” means an animal which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

    3.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

    Sec. 9.  NRS 574.055 is hereby amended to read as follows:

    574.055  1.  Any peace officer or officer of a society for the prevention of cruelty to animals who is authorized to make arrests pursuant to NRS 574.040 shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.

    2.  When an officer takes possession of an animal, he shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, and the fact that there is a limited lien on the animal for the cost of shelter and care. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, he shall post the notice on the property from which he takes the animal.


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ê1999 Statutes of Nevada, Page 2518 (Chapter 486, SB 396)ê

 

the property from which he takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.

    3.  An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.

    4.  Upon proof that the owner has been notified in accordance with subsection 2 or, if he has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.

    5.  An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.

    6.  This section does not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of paragraph (b) of subsection [2] 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or his designee, a licensed veterinarian and the district brand inspector or his designee. In such a case, the sheriff shall direct that the impoundment occur no later than 48 hours after the veterinarian determines that a violation of paragraph (b) of subsection [2] 1 of NRS 574.100 exists.

    7.  The owner of an animal impounded in accordance with subsection 6 must, before the animal is released to his custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animal’s food and water. If the owner is unable or refuses to pay the charges, the division of agriculture of the department of business and industry shall sell the animal. The division shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.

    Sec. 10.  NRS 574.100 is hereby amended to read as follows:

    574.100  [Except in any case involving a willful or malicious act for which a greater penalty is provided by NRS 206.150, a person who:

    1.  Overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any]

    1.  A person shall not:

    (a) Overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to himself or to another;

    [2.  Deprives any]

    (b) Deprive an animal of necessary sustenance, food or drink, or [neglects or refuses] neglect or refuse to furnish it such sustenance or drink;

    [3.  Causes, procures or permits any]

    (c) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink;

    [4.  Willfully sets on foot, instigates, engages]


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ê1999 Statutes of Nevada, Page 2519 (Chapter 486, SB 396)ê

 

    (d) Instigate, engage in, or in any way [furthers] further an act of cruelty to any animal, or any act tending to produce such cruelty; or

    [5.  Abandons]

    (e) Abandon an animal in circumstances other than those prohibited in NRS 574.110 . [,

is guilty of a misdemeanor.]

    2.  A person who violates subsection 1:

    (a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

         (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

         (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.

    (b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

         (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

         (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

The person shall be further punished by a fine of not less than $500, but not more than $1,000.

    (c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

    3.  In addition to any other fine or penalty provided in subsection 2, a court shall order a person convicted of violating subsection 1 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, including, without limitation, money expended for veterinary treatment, feed and housing.

    4.  The court may order the person convicted of violating subsection 1 to surrender ownership or possession of the mistreated animal.

    5.  The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:

    (a) Carrying out the activities of a rodeo or livestock show; or

    (b) Operating a ranch.

    Sec. 11.  NRS 651.075 is hereby amended to read as follows:

    651.075  1.  It is unlawful for a place of public accommodation to:

    (a) Refuse admittance or service to a person with a visual, aural or physical disability because he is accompanied by a guide dog, hearing dog, helping dog or other service animal . [;]

    (b) Refuse admittance or service to a person training such an animal . [;]


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ê1999 Statutes of Nevada, Page 2520 (Chapter 486, SB 396)ê

 

    (c) Refuse to permit an employee of the place of public accommodation who is training such an animal to bring the animal into:

         (1) The place of public accommodation; or

         (2) Any area within the place of public accommodation to which employees of the place have access, regardless of whether the area is open to the public . [; or]

    (d) Refuse admittance or service to a person because he is accompanied by a police dog.

    (e) Charge an additional fee for such an animal.

    2.  A place of accommodation may require proof that an animal is a guide dog, hearing dog, helping dog or other service animal, or that a person is training such an animal. This requirement may be satisfied, by way of example and not of limitation, by exhibition of the identification card normally presented to a trainer of such an animal or to a person with a visual, aural or physical disability upon his graduation from a school for guide dogs, school for hearing dogs , [or] school for helping dogs [.] or other school that is approved by the rehabilitation division of the department of employment, training and rehabilitation to train a service animal to provide a specialized service to a handicapped person.

    3.  A guide dog, hearing dog, helping dog or other service animal may not be presumed dangerous by reason of the fact it is not muzzled.

    4.  This section does not relieve [a] :

    (a) A person with a disability or a person who trains such an animal from liability for damage caused by his guide dog, hearing dog, helping dog or other service animal.

    (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

    5.  Persons with disabilities who are accompanied by guide dogs, hearing dogs, helping dogs or other service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.

    6.  Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.

    7.  For the purposes of this section [, the] :

    (a) The terms “guide dog,” “hearing dog,” “helping dog” and “service animal” have the meanings ascribed to them respectively in NRS 426.075, 426.081, 426.083 and 426.097.

    (b) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his duties as a peace officer.

    Sec. 12.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2521ê

 

CHAPTER 487, SB 74

Senate Bill No. 74–Committee on Finance

 

CHAPTER 487

 

AN ACT relating to insurance guaranty associations; excluding certain claims from the definition of “covered claim”; revising the provisions governing the obligation of the Nevada insurance guaranty association to pay a covered claim; revising the order of distribution of certain claims from the estate of an insurer on liquidation of the insurer; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 687A.033 is hereby amended to read as follows:

    687A.033  1.  “Covered claim” means an unpaid claim or judgment, including a claim for unearned premiums, which arises out of and is within the coverage of an insurance policy to which this chapter applies issued by an insurer which becomes an insolvent insurer , if one of the following conditions exists:

    (a) The claimant or insured, if a natural person, is a resident of this state at the time of the insured event.

    (b) The claimant or insured, if other than a natural person, maintains its principal place of business in this state at the time of the insured event.

    (c) The property from which the first party property damage claim arises is permanently located in this state.

    (d) The claim is not a covered claim pursuant to the laws of any other state and the premium tax imposed on the insurance policy is payable in this state pursuant to NRS 680B.027.

    2.  The term does not include:

    (a) [Any] An amount that is directly or indirectly due [any] a reinsurer, insurer, insurance pool or underwriting association, as recovered by subrogation [recoveries] , indemnity or contribution, or otherwise.

    (b) That part of a loss which would not be payable because of a provision for a deductible or a self-insured retention specified in the policy.

    (c) [Any] Except as otherwise provided in this paragraph, any claim filed with the association after [the] :

         (1) Eighteen months after the date of the order of liquidation; or

         (2) The final date set by the court for the filing of claims against the liquidator or receiver of the insolvent insurer [.] ,

whichever is earlier. The provisions of this paragraph do not apply to a claim for workers’ compensation that is reopened pursuant to the provisions of NRS 616C.390.

    (d) [Any] A claim filed with the association for a loss that is incurred but is not reported to the association before the expiration of the period specified in subparagraph (1) or (2) of paragraph (c).

    (e) An obligation to make a supplementary payment for adjustment or attorney’s fees and expenses, court costs or interest and bond premiums incurred by the insolvent insurer before the appointment of a liquidator , unless the expenses would also be a valid claim against the insured.


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

ê1999 Statutes of Nevada, Page 2522 (Chapter 487, SB 74)ê

 

    (f) A first party or third party claim brought by or against an insured, if the aggregate net worth of the insured and any affiliate of the insured, as determined on a consolidated basis, is more than $25,000,000 on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer.

    Sec. 2.  NRS 687A.060 is hereby amended to read as follows:

    687A.060  1.  The association:

    (a) Is obligated to the extent of the covered claims existing before the determination of insolvency and arising within 30 days after the determination of insolvency, or before the [policy] expiration date of the policy if that date is less than 30 days after the determination, or before the insured replaces the policy or on request cancels the policy if he does so within 30 days [of] after the determination. The obligation [includes only that amount of each covered claim for unearned premiums, except a claim filed pursuant to chapter 616A to 616D, inclusive, or 617 of NRS, which is more than $100. The obligation must also include that amount of any other covered claim, except a claim filed pursuant to chapter 616A to 616D, inclusive, or 617 of NRS, which is less than $300,000. The association is not obligated to a policyholder or claimant in an amount in excess of the face amount of the policy from which the claim arises.] of the association to pay a covered claim is limited to the payment of:

         (1) The entire amount of the claim, if the claim is for workers’ compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

         (2) More than $100 but not more than $300,000 for each policy, if the claim is for the return of unearned premiums; or

         (3) The limit specified in a policy or $300,000, whichever is less, for each occurrence for any covered claim other than a covered claim specified in subparagraph (1) or (2).

    (b) Shall be deemed the insurer to the extent of its obligations on the covered claims and to [such extent shall have all] that extent has any rights, duties and obligations of the insolvent insurer as if the insurer had not become insolvent. The rights include, without limitation, the right to seek and obtain any recoverable salvage and to subrogate a covered claim, to the extent that the association has paid its obligation under the claim.

    (c) Shall assess member insurers amounts necessary to pay the obligations of the association pursuant to paragraph (a) after an insolvency, the expenses of handling covered claims subsequent to an insolvency, the cost of examinations pursuant to NRS 687A.110, and other expenses authorized by this chapter. The assessment of each member insurer must be in the proportion that the net direct written premiums of the member insurer for the calendar year preceding the assessment bear to the net direct written premiums of all member insurers for the same calendar year. Each member insurer must be notified of the assessment not later than 30 days before it is due. No member insurer may be assessed in any year an amount greater than 2 percent of [that member insurer’s] the net direct written premiums of that member insurer for the calendar year preceding the assessment. If the maximum assessment, together with the other assets of the association, does not provide in any 1 year an amount sufficient to make all necessary payments, the money available may be prorated and the unpaid portion must be paid as soon as money becomes available.


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

ê1999 Statutes of Nevada, Page 2523 (Chapter 487, SB 74)ê

 

payments, the money available may be prorated and the unpaid portion must be paid as soon as money becomes available. The association may pay claims in any order , including the order in which [they] the claims are received or in groups or categories. The association may exempt or defer, in whole or in part, the assessment of any member insurer if the assessment would cause the [member insurer’s] financial statement of the member insurer to reflect amounts of capital or surplus less than the minimum amounts required for a certificate of authority by any jurisdiction in which the member insurer is authorized to transact insurance. During the period of deferment, no dividends may be paid to shareholders or policyholders. Deferred assessments must be paid when payment will not reduce capital or surplus below required minimums. Payments must be refunded to those companies receiving larger assessments [by virtue] because of deferment, or, in the discretion of [any such] the company, credited against future assessments. Each member insurer must be allowed a premium tax credit for any amounts paid [under] pursuant to the provisions of this chapter:

         (1) For assessments made before January 1, 1993, at the rate of 10 percent per year for 10 successive years beginning March 1, 1996; or

         (2) For assessments made on or after January 1, 1993, at the rate of 20 percent per year for 5 successive years beginning with the calendar year following the calendar year in which [such] the assessments are paid.

    (d) Shall investigate claims brought against the fund and adjust, compromise, settle and pay covered claims to the extent of the [association’s] obligation of the association and deny [all] any other claims.

    (e) Shall notify such persons as the commissioner directs pursuant to paragraph (a) of subsection 2 of NRS 687A.080.

    (f) Shall act on claims through its employees or through one or more member insurers or other persons designated as servicing facilities. Designation of a servicing facility is subject to the approval of the commissioner, but the designation may be declined by a member insurer.

    (g) Shall reimburse each servicing facility for obligations of the association paid by the facility and for expenses incurred by the facility while handling claims on behalf of the association, and pay the other expenses of the association authorized by this chapter.

    2.  The association may:

    (a) Appear in, defend and appeal any action on a claim brought against the association.

    (b) Employ or retain persons necessary to handle claims and perform other duties of the association.

    (c) Borrow money necessary to carry out the purposes of this chapter in [accord] accordance with the plan of operation.

    (d) Sue or be sued.

    (e) Negotiate and become a party to contracts necessary to carry out the purposes of this chapter.

    (f) Perform other acts necessary or proper to effectuate the purposes of this chapter.

    (g) If, at the end of any calendar year, the board of directors finds that the assets of the association exceed its liabilities as estimated by the board of directors for the coming year, refund to the member insurers in proportion to the contribution of each that amount by which the assets of the association exceed the liabilities.


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ê1999 Statutes of Nevada, Page 2524 (Chapter 487, SB 74)ê

 

the contribution of each that amount by which the assets of the association exceed the liabilities.

    (h) Assess each member insurer equally [no] not more than $100 per year for administrative expenses not related to the insolvency of any [particular] insurer.

    Sec. 3.  NRS 696B.415 is hereby amended to read as follows:

    696B.415  1.  Upon the issuance of an order of liquidation with a finding of insolvency against a domestic insurer, the commissioner shall apply to the district court for authority to disburse money to the Nevada insurance guaranty association or the Nevada life and health insurance guaranty association out of the [insurer’s] marshaled assets [,] of the insurer, as money becomes available, in amounts equal to disbursements made or to be made by the association for claims-handling expense and covered-claims obligations upon the presentation of evidence that disbursements have been made by the association. The commissioner shall apply to the district court for authority to make similar disbursements to insurance guaranty associations in other jurisdictions if one of the Nevada associations is entitled to like payment [under] pursuant to the laws relating to insolvent insurers in the jurisdiction in which the organization is domiciled.

    2.  The commissioner, in determining the amounts available for disbursement to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, shall reserve sufficient assets for the payment of the expenses of administration.

    3.  The commissioner shall establish procedures for the ratable allocation of disbursements to the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and similar organizations in other jurisdictions, and shall secure from each organization to which money is paid as a condition to advances in reimbursement of covered-claims obligations an agreement to return to the commissioner, on demand, amounts previously advanced which are required to pay claims of secured creditors and claims falling within the priorities established in paragraph (a) or (b) of subsection 1 of NRS 696B.420 . [for administration costs and expenses, and wage debts due employees for services performed.]

    Sec. 4.  NRS 696B.420 is hereby amended to read as follows:

    696B.420  1.  The order of distribution of claims from the [insurer’s] estate of the insurer on liquidation of the insurer must be as [stated] set forth in this section. [The first $50 of the amount allowed on each claim in the classes under paragraphs (b) to (g), inclusive, must be deducted from the claim and included in the class under paragraph (i). Claims may not be cumulated by assignment to avoid application of the $50 deductible provision. Subject to the $50 deductible provision, every] Each claim in each class must be paid in full or adequate money retained for the payment before the members of the next class receive any payment. No subclasses may be established within any class. Except as otherwise provided in subsection 2, the order of distribution and of priority must be as follows:

    (a) Administration costs and expenses, including, but not limited to, the following:


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ê1999 Statutes of Nevada, Page 2525 (Chapter 487, SB 74)ê

 

         (1) The actual and necessary costs of preserving or recovering the assets of the insurer;

         (2) Compensation for [all] any services rendered in the liquidation;

         (3) Any necessary filing fees;

         (4) The fees and mileage payable to witnesses; and

         (5) Reasonable attorney’s fees.

    (b) Loss claims, including [all] any claims under policies for losses incurred, including third party claims, [all] any claims against the insurer for liability for bodily injury or for injury to or destruction of tangible property which are not under policies, and [all] any claims of the Nevada insurance guaranty association, the Nevada life and health insurance guaranty association, and other similar statutory organizations in other jurisdictions . [, except the first $200 of losses otherwise payable to any claimant under this paragraph. All] Any claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds or investment values, must be treated as loss claims. [Claims may not be cumulated by assignment to avoid application of the $200 deductible provision.] That portion of any loss for which indemnification is provided by other benefits or advantages recovered or recoverable by the claimant may not be included in this class, other than benefits or advantages recovered or recoverable in discharge of familial obligations of support or [by way] because of succession at death or as proceeds of life insurance, or as gratuities. No payment made by an employer to his employee may be treated as a gratuity.

    (c) Unearned premiums and small loss claims, including claims under nonassessable policies for unearned premiums or other premium refunds . [and the first $200 of loss excepted by the deductible provision in paragraph (b).]

    (d) Claims of the Federal Government . [and]

    (e) Claims of any state or local government, including, but not limited to, a claim of [any governmental body] a state or local government for a penalty or forfeiture.

    [(e)] (f) Wage debts due employees for services performed, not to exceed $1,000 to each employee, that have been earned within 1 year before the filing of the petition for liquidation. Officers of the insurer are not entitled to the benefit of this priority. The priority set forth in this paragraph must be in lieu of any other similar priority authorized by law as to wages or compensation of employees.

    [(f)] (g) Residual classification, including [all] any other claims not falling within other classes [under] pursuant to the provisions of this section. Claims for a penalty or forfeiture must be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby. The remainder of [such] the claims must be postponed to the class of claims [under paragraph (i).

    (g)] specified in paragraph (j).

    (h) Judgment claims based solely on judgments. If a claimant files a claim and bases [it both] the claim on the judgment and on the underlying facts, the claim must be considered by the liquidator, who shall give the judgment such weight as he deems appropriate. The claim as allowed must receive the priority it would receive in the absence of the judgment.


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ê1999 Statutes of Nevada, Page 2526 (Chapter 487, SB 74)ê

 

priority it would receive in the absence of the judgment. If the judgment is larger than the allowance on the underlying claim, the remaining portion of the judgment must be treated as if it were a claim based solely on a judgment.

    [(h)] (i) Interest on claims already paid, which must be calculated at the legal rate compounded annually on [all] any claims in the classes [under] specified in paragraphs (a) to [(g),] (h), inclusive, from the date of the petition for liquidation or the date on which the claim becomes due, whichever is later, until the date on which the dividend is declared. The liquidator, with the approval of the court, may [make] :

         (1) Make reasonable classifications of claims for purposes of computing interest [, may make] ;

         (2) Make approximate computations ; and [may ignore]

         (3) Ignore certain classifications and periods as de minimis.

    [(i)] (j) Miscellaneous subordinated claims, [including the remaining claims or portions of claims not already paid,] with interest as provided in paragraph [(h):

         (1) The first $50 of each claim in the classes under paragraphs (b) to (g), inclusive, subordinated under this section;

         (2)] (i):

         (1) Claims subordinated by NRS 696B.430;

         [(3)] (2) Claims filed late;

         [(4)] (3) Portions of claims subordinated [under paragraph (f);

         (5)] pursuant to the provisions of paragraph (g);

         (4) Claims or portions of claims the payment of which is provided by other benefits or advantages recovered or recoverable by the claimant; and

         [(6)] (5) Claims not otherwise provided for in this section.

    [(j)] (k) Preferred ownership claims, including surplus or contribution notes, or similar obligations, and premium refunds on assessable policies. Interest at the legal rate must be added to each claim, as provided in paragraphs [(h) and (i).

    (k)] (i) and (j).

    (l) Proprietary claims of shareholders or other owners.

    2.  If there are no existing or potential claims of the government against the estate, claims for wages have priority over [all] any claims set forth in paragraphs (c) to [(j),] (k), inclusive, of subsection 1. The provisions of this subsection must not be construed to require the [deduction of $50 or the] accumulation of interest for claims as described in paragraph [(h)] (i) of subsection 1.

    Sec. 5.  NRS 696B.430 is hereby amended to read as follows:

    696B.430  If an ancillary receiver in another state or foreign country, by whatever name called, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses, if any, of the ancillary receivership, claims filed in the ancillary receivership, other than special deposit claims or secured claims, must be placed in the class of claims [under paragraph (i)] specified in paragraph (j) of subsection 1 of NRS 696B.420.

________

 


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ê1999 Statutes of Nevada, Page 2527ê

 

CHAPTER 488, SB 47

Senate Bill No. 47–Committee on Finance

 

CHAPTER 488

 

AN ACT making an appropriation to the Department of Education for reimbursement of certain costs of public school teachers related to acquiring certification by the National Board for Professional Teaching Standards; requiring a teacher to repay the reimbursement to the Department under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 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 Department of Education the sum of $20,000 for reimbursement of certain costs of public school teachers related to acquiring certification by the National Board for Professional Teaching Standards.

    2.  If a public school teacher desires to obtain reimbursement from the Department of Education for the costs that will be incurred in acquiring certification by the National Board for Professional Teaching Standards, the teacher shall file a statement of intended certification with the school district or the governing body of the charter school by whom he is employed. The statement must be filed at least 1 year before the teacher reasonably believes that he will acquire the certification. Upon receipt of such a statement, the school district or governing body shall forward a copy of the statement to the Department of Education.

    3.  Upon certification, a public school teacher who has filed such a statement may request reimbursement by submitting to the school district or the governing body of the charter school by whom he is employed:

    (a) A written statement indicating that the teacher understands that if he does not teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he receives the reimbursement, he will be required to repay the reimbursement to the Department of Education;

    (b) Proof that he has acquired the certification; and

    (c) A statement of the costs incurred by the teacher in acquiring the certification.

    4.  A school district or the governing body of a charter school shall verify the certification and the statement of costs submitted by a teacher pursuant to subsection 3. Upon verification, the school district or governing body shall notify the Department of Education of the certification and the amount of verified costs and shall request the Department to reimburse the teacher. Upon receipt of such a request, the Department shall cause the teacher to be reimbursed if the teacher agrees to teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he receives the reimbursement. Such a reimbursement must not exceed an amount equal to the actual verified costs incurred by the teacher or $2,000, whichever is less, to the extent that money is available from the appropriation made by subsection 1 for this purpose or other sources.


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ê1999 Statutes of Nevada, Page 2528 (Chapter 488, SB 47)ê

 

    5.  Except as otherwise provided in this subsection, if a teacher who receives a reimbursement pursuant to this section does not teach in a public school in this state, including, without limitation, a charter school, for at least 2 years after the date on which he received the reimbursement, the teacher shall repay the full amount of the reimbursement to the Department of Education. The teacher may request that the Department of Education grant a waiver from the repayment required by this subsection. The Department of Education may grant a waiver if the Department determines that the teacher suffers from a hardship that warrants a waiver. The Department of Education shall prescribe the procedures for the repayment required by this subsection and the procedures for a teacher to request a waiver from the repayment. The Department of Education shall use any money that it receives pursuant to this subsection to reimburse the costs of other teachers who acquire certification by the National Board of Professional Teaching Standards.

    6.  The Department of Education shall not reimburse costs related to certification acquired by a teacher before July 1, 1999.

    Sec. 2.  Any remaining balance of the appropriation made by subsection 1 of section 1 of this act 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. 3.  This act becomes effective upon passage and approval.

________

 

CHAPTER 489, SB 436

Senate Bill No. 436–Senator Porter

 

CHAPTER 489

 

AN ACT relating to regional planning; revising the composition of the debt management commission in certain counties; providing for the creation of the Southern Nevada Regional Planning Coalition; establishing a governing board; prescribing the powers and duties of the board; establishing a technical committee; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 350.002 is hereby amended to read as follows:

    350.002  1.  There is hereby created in each county whose population is 400,000 or more, a debt management commission, to be composed of:

    (a) Three representatives of the board of county commissioners from its membership;

    (b) One representative of each governing body of the five largest incorporated cities in the county from its membership;

    (c) One representative of the board of trustees of the county school district from its membership; and

    (d) Two representatives of the public at large.

    2.  There is hereby created in each county whose population is less than 400,000, a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:


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ê1999 Statutes of Nevada, Page 2529 (Chapter 489, SB 436)ê

 

    (a) In each such county which contains more than one incorporated city:

         (1) One representative of the city in which the county seat is located;

         (2) One representative of the other incorporated cities jointly; and

         (3) One representative of the public at large.

    (b) In each such county which contains one incorporated city:

         (1) One representative of the incorporated city; and

         (2) Two representatives of the public at large.

    (c) In each such county which contains no incorporated city, one representative of the public at large.

    (d) In each such county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

    [2.] 3.  In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large, and for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

    [3.  Each]

    4.  Except as otherwise provided in subsection 1, each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

    [4.  Members]

    5.  Except as otherwise provided in this subsection, members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1 . [, except the] The representatives of incorporated cities [, who] must be chosen after elections are held in the cities , but before the annual meeting of the commission in July.

    [5.] The term of a representative who serves pursuant to paragraph (a), (b) or (c) of subsection 1 is coterminous with the term of his elected office, unless the public entity that appointed him revokes his appointment.

    6.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.

    Sec. 2.  NRS 350.003 is hereby amended to read as follows:

    350.003  1.  The commission shall meet during the month of February of each year, to organize by selecting a chairman and vice chairman. In a county whose population is 400,000 or more, the chairman must be one of the representatives of the board of county commissioners. The county clerk is ex officio the secretary of the commission.


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ê1999 Statutes of Nevada, Page 2530 (Chapter 489, SB 436)ê

 

    2.  In addition to the organizational meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.

    3.  In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:

    (a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.

    (b) Is 400,000 or more, shall meet each month.

The meetings required by this subsection must be scheduled at each annual meeting in July.

    4.  Except as otherwise provided in subsection [2] 3 of NRS 350.002, a majority of the members constitutes a quorum for all purposes.

    Sec. 3.  As used in sections 4 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

    Sec. 4.  “Board” means the governing body of the Southern Nevada Regional Planning Coalition.

    Sec. 5.  “Coalition” means the Southern Nevada Regional Planning Coalition created pursuant to section 7 of this act.

    Sec. 6.  “Committee” means the technical committee to the coalition created pursuant to section 14 of this act.

    Sec. 7.  The Southern Nevada Regional Planning Coalition is hereby created, consisting of Clark County, the City of Las Vegas, the City of North Las Vegas, the City of Henderson, Boulder City and the Clark County School District.

    Sec. 8.  1.  The coalition must be governed by a board consisting of 10 members.

    2.  The members of the board must be appointed as follows:

    (a) Two members appointed by the Board of County Commissioners of Clark County from its membership, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;

    (b) Two members appointed by the City Council of the City of Las Vegas from its membership, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;

    (c) Two members appointed by the City Council of the City of North Las Vegas from its membership, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;

    (d) Two members appointed by the City Council of the City of Henderson from its membership, one of whom is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002;

    (e) One member appointed by the City Council of Boulder City from its membership who is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002; and

    (f) One member appointed by the Board of Trustees of the Clark County School District from its membership who is a member of the debt management commission established pursuant to subsection 1 of NRS 350.002.


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ê1999 Statutes of Nevada, Page 2531 (Chapter 489, SB 436)ê

 

    3.  The term of each member of the board is coterminous with his term of elected office unless the public entity that appointed him revokes his appointment to the board.

    4.  If a member fails to attend three consecutive meetings or fails to attend five meetings during a calendar year, his appointment is automatically revoked.

    5.  If a member is unable to serve for the duration of his term or has his membership revoked, his position becomes vacant. A vacancy on the board must be filled by the authority which was entitled to appoint the member whose position is vacant. A vacancy must be filled within 45 days after the departure of the member. The term of a member appointed by the board to fill a vacancy is the remainder of the term of the member whose position is vacant.

    Sec. 9.  1.  The board shall meet each month at a time and place designated by the chairman of the board. The board may hold special meetings as often as the needs of the board require, upon notice to each member of the board.

    2.  The board must provide notice of a meeting in the manner prescribed by NRS 241.020.

    3.  Except as otherwise provided in subsection 4:

    (a) A majority of the members of the board constitutes a quorum; and

    (b) All actions must be adopted by at least a majority of the members present and constituting the quorum at such a meeting.

    4.  The affirmative vote of at least two-thirds of the members of the board is necessary to pass an action relating to:

    (a) A budgetary matter or a matter which involves an expenditure of public money; or

    (b) A contract or other instrument that creates a binding legal obligation on a public entity.

    Sec. 10.  1.  The board shall elect a chairman and vice chairman from its membership at the first meeting of each calendar year.

    2.  The term of the initial chairman and vice chairman expires on the date on which the first meeting is held in the year 2000.

    Sec. 11.  The board shall:

    1.  Adopt rules or bylaws that govern its management and affairs.

    2.  Prepare and adopt an annual budget.

    Sec. 12.  The board may employ such professional, technical and support staff as it deems necessary and shall prescribe specific duties for such staff.

    Sec. 13.  The board shall:

    1.  Consult with and request recommendations from a regional organization, governmental agency or other public entity that may be affected by a decision of the board; and

    2.  Take all other actions necessary to carry out the provisions of this act.

    Sec. 14.  1.  The technical committee to the coalition consisting of the County Manager of Clark County, the Superintendent of the Clark County School District, and the city managers of the City of Las Vegas, the City of Henderson, the City of North Las Vegas and Boulder City, or an appointee of such an entity who is an employee of the entity, is hereby created to provide assistance to the coalition.


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ê1999 Statutes of Nevada, Page 2532 (Chapter 489, SB 436)ê

 

    2.  In performing its duties, the committee may request the participation of representatives of regional agencies, including, without limitation, the Regional Transportation Commission, the Clark County School District, the Regional Flood Control District, the Clark County District Board of Health, the Southern Nevada Water Authority and public utilities.

    3.  The committee shall elect a chairman and vice chairman from its membership.

    4.  The committee shall meet as often as is necessary to provide assistance to the board. The chairman shall determine the time and place of the meetings of the committee and the method of providing notice of meetings.

    5.  The committee shall perform such duties as the board may require.

    Sec. 15.  The board may:

    1.  Develop policies for Clark County which may include, without limitation, policies for:

    (a) The promotion of orderly development, coordinated land use planning and the efficient provision of services to urban areas, including, without limitation, roads, water and sewer service, police and fire protection, mass transportation, libraries and parks;

    (b) Protection of the environment;

    (c) Recreational programs, including, without limitation, programs for regional trails and open space;

    (d) Economic development and employment; and

    (e) Affordable housing.

    2.  Carry out and manage the strategic plan and recommendations for financing infrastructure adopted by the Southern Nevada Strategic Planning Authority, or its successor.

    3.  Compile and coordinate a regional and local data base for Clark County, including, without limitation, a comprehensive regional master plan with land use designations and a geographic information system.

    4.  Establish standard projections for population.

    5.  Recommend methods for increasing the efficiency of and reducing the cost of furnishing governmental services.

    6.  Make recommendations for the disposal of federal land.

    7.  Establish methods for resolving disputes relating to annexation, future land use, zoning and development that arise between jurisdictions, including, without limitation, identification of the spheres of influence of the jurisdictions. As used in this subsection, “sphere of influence” means an area into which a jurisdiction plans to expand.

    8.  Establish a program of incentives to encourage regional strategic planning for economic development, including, without limitation, joint activities relating to the creation of jobs, agreements for revenue sharing, education, transportation, law enforcement, water and sewer services, and parks and recreation.

    9.  Develop a regional park plan in coordination with the Clark County Regional Flood Control District, organized pursuant to NRS 543.240.

    10.  Consider any issues of regional significance as determined appropriate by the board.

    11.  Review:


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

ê1999 Statutes of Nevada, Page 2533 (Chapter 489, SB 436)ê

 

    (a) Master plans adopted by the governing body of the county and each city in the county;

    (b) The annual plan for capital improvements prepared by the governing body of each local government in the county pursuant to NRS 278.0226; and

    (c) Plans for capital improvements, facilities plans or other similar plans adopted by:

         (1) The Regional Transportation Commission of Clark County;

         (2) The Southern Nevada Water Authority, created on July 25, 1991, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive;

         (3) The Board of Trustees of the Clark County School District;

         (4) The Clark County District Board of Health; and

         (5) The Board of Directors of the Clark County Regional Flood Control District, organized pursuant to NRS 543.240.

    Sec. 16.  1.  The board shall establish:

    (a) A subcommittee to address issues relating to the disposal of federal land and report its activities to the board. The subcommittee must consist of:

         (1) The members of the board who are members of the Board of County Commissioners of Clark County;

         (2) The Mayors of the City of Henderson, the City of Las Vegas and the City of North Las Vegas; and

         (3) A representative of the Federal Bureau of Land Management and a member selected by the United States Air Force, who are nonvoting members.

    (b) A subcommittee to carry out the duties of the Clark County Clearinghouse Council, created on July 6, 1993, by a cooperative agreement entered into on that date pursuant to the provisions of NRS 277.080 to 277.180, inclusive, and to report its activities to the board. The subcommittee must be composed of six members as follows:

         (1) One member appointed by the Board of County Commissioners of Clark County from its membership;

         (2) One member appointed by the City Council of the City of Las Vegas from its membership;

         (3) One member appointed by the City Council of the City of North Las Vegas from its membership;

         (4) One member appointed by the City Council of the City of Henderson from its membership;

         (5) One member appointed by the City Council of Boulder City from its membership; and

         (6) One member appointed by the City Council of the City of Mesquite from its membership.

    2.  The board may form other subcommittees as it deems appropriate.

    3.  The board may appoint additional members of the subcommittees formed pursuant to subsection 1 as the board deems appropriate.

    Sec. 17.  1.  This section and sections 3 through 16 of this act become effective on July 1, 1999.

    2.  Sections 1 and 2 of this act become effective on January 1, 2000.

________

 


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ê1999 Statutes of Nevada, Page 2534ê

 

CHAPTER 490, SB 473

Senate Bill No. 473–Committee on Government Affairs

 

CHAPTER 490

 

AN ACT relating to local governments; requiring a question to be submitted to the electors of certain local governments in severe financial emergency asking whether the local government should be disincorporated or dissolved if the Nevada tax commission determines that the severe financial emergency is unlikely to cease to exist within 3 years; requiring certain taxes and mandatory assessments to be raised and services of the local government limited if the electors of such a local government do not approve such a question; and providing other matters properly relating thereto.

 

[Approved June 8, 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 the provisions set forth as sections 2 and 3 of this act.

    Sec. 2.  1.  If the executive director determines that a severe financial emergency which exists in a local government under management by the department is unlikely to cease to exist within 3 years, he shall determine:

    (a) The amount any tax or mandatory assessment levied by the local government must be raised to ensure a balanced budget for the local government; and

    (b) The manner in which the services provided by the local government must be limited to ensure a balanced budget for the local government,

and submit his findings to the committee.

    2.  The committee shall review the findings submitted by the executive director pursuant to subsection 1. If the committee determines that the severe financial emergency which exists in the local government is unlikely to cease to exist within 3 years and that the findings made by the executive director are appropriate, the committee shall submit its recommendation to the Nevada tax commission. If the committee determines that the financial emergency is likely to cease to exist within 3 years, 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 submits its recommendation. The Nevada tax commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held. The executive director shall provide copies of all documents relevant to the recommendation of the committee to the governing body of the local government in severe financial emergency.

    4.  If, after the public hearing, the Nevada tax commission determines that the recommendation of the committee is appropriate, a question must be submitted to the electors of the local government at the next primary or general municipal election or primary or general state election, as applicable, asking whether the local government should be disincorporated or dissolved. If the electors of the local government do not approve the disincorporation or dissolution of the local government:

    (a) The maximum ad valorem tax levied within the local government, if any, must be raised to $5 on each $100 of assessed valuation;


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ê1999 Statutes of Nevada, Page 2535 (Chapter 490, SB 473)ê

 

    (b) Any other taxes or mandatory assessments levied in the local government, notwithstanding any limitation on those taxes or assessments provided by statute, must be raised in an amount the Nevada tax commission determines is necessary to ensure a balanced budget for the local government; and

    (c) The services provided by the local government must be limited in a manner the Nevada tax commission determines is necessary to ensure a balanced budget for the local government.

    5.  If the electors of the local government approve the disincorporation or dissolution of a local government that is:

    (a) Created by another local government, it must be disincorporated or dissolved:

         (1) Pursuant to the applicable provisions of law; or

         (2) If there are no specific provisions of law providing for the disincorporation or dissolution of the local government, by the entity that created the local government. If, at the time of the disincorporation or dissolution of the local government pursuant to this paragraph, there are any outstanding loans or bonded indebtedness of the local government, including, without limitation, loans made to the local government by the county in which the local government is located, the taxes for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the local government had not been disincorporated or dissolved until all outstanding indebtedness is repaid, but for all other purposes the local government shall be deemed disincorporated or dissolved at the time that the entity which created the local government disincorporates or dissolves the local government. Any other liabilities and any remaining assets shall revert to the entity that created the local government which is being disincorporated or dissolved.

    (b) Created by a special or local act of the legislature, it may only be disincorporated or dissolved by the legislature. The executive director shall submit notification of the vote approving the disincorporation or dissolution of the local government to the director of the legislative counsel bureau for transmittal to the legislature. At the first opportunity, the legislature shall consider the question of whether the special or local act will be repealed.

    (c) Created in any other manner, it must be disincorporated or dissolved:

         (1) Pursuant to the applicable provisions of law; or

         (2) If there are no specific provisions of law providing for the disincorporation or dissolution of the local government, by the governing body of that local government. If, at the time of the disincorporation or dissolution of the local government pursuant to this paragraph, there are any outstanding loans or bonded indebtedness of the local government, including, without limitation, loans made to the local government by the county or counties in which the local government is located, the taxes for the payment of the bonds or other indebtedness must continue to be levied and collected in the same manner as if the local government had not been disincorporated or dissolved until all outstanding indebtedness is repaid, but for all other purposes the local government shall be deemed disincorporated or dissolved at the time that the governing body of the local government disincorporates or dissolves the local government.


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ê1999 Statutes of Nevada, Page 2536 (Chapter 490, SB 473)ê

 

disincorporated or dissolved at the time that the governing body of the local government disincorporates or dissolves the local government. Except as otherwise provided in this subparagraph, any other liabilities and any remaining assets of the local government shall revert to the board of county commissioners of the county in which the local government is located. If the local government is located in more than one county, the governing body of the local government shall apportion the remaining liabilities and assets among the boards of county commissioners of the counties in which the local government is located.

    6.  Within 10 days after the Nevada tax commission makes a determination pursuant to subsection 4, the executive director shall notify:

    (a) The city clerk, if the local government is a city; or

    (b) The county clerk in all other cases,

and provide the clerk with the amount any tax or mandatory assessment levied by the local government must be raised and a description of the manner in which the services provided by the local government must be limited to ensure a balanced budget for the local government.

    7.  After the executive director notifies the city clerk or the county clerk, as applicable, pursuant to subsection 6, the clerk shall cause to be published in a newspaper of general circulation that is printed in the local government a notice of the election 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. If no newspaper is printed in the local government, publication of the notice of election must be made in a newspaper printed in this state and having a general circulation in the local government.

    8.  The notice required pursuant to subsection 7 must contain the following information:

    (a) That the Nevada tax commission has determined that the severe financial emergency which exists in the local government is unlikely to cease to exist within 3 years;

    (b) That the question of whether the local government should be disincorporated or dissolved will be submitted to the electors of the local government at the next primary or general municipal election or the next primary or general state election, as applicable; and

    (c) That if the electors do not approve the disincorporation or dissolution:

         (1) The maximum ad valorem tax levied within the local government, if any, will be raised to $5 on each $100 of assessed valuation;

         (2) Any taxes or mandatory assessment levied in the local government will be raised to ensure a balanced budget for the local government and the amount by which those taxes or mandatory assessments will be raised; and

         (3) The services the local government provides will be limited to ensure a balanced budget for the local government and the manner in which those services will be limited.

    9.  If any provisions providing generally for the disincorporation or dissolution of the local government require that the question of disincorporating or dissolving be published or submitted to a vote of the


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ê1999 Statutes of Nevada, Page 2537 (Chapter 490, SB 473)ê

 

electors of the local government, the publication required by subsection 3 and the election required by subsection 4 satisfy those requirements. If:

    (a) There is any other conflict between the provisions of this section and any provisions providing generally for the disincorporation or dissolution of a local government; or

    (b) The provisions providing generally for the disincorporation or dissolution of a local government provide additional rights to protest the disincorporation or dissolution of a local government not provided by this section,

the provisions of this section control a disincorporation or dissolution pursuant to this section and any person wishing to protest such a disincorporation or dissolution must proceed in accordance with the provisions of this section.

    10.  As used in this section, “local government” does not include a county, a school district or any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

    Sec. 3.  The management of the department ceases at the time of the disincorporation or dissolution of a local government pursuant to section 2 of this act.

    Sec. 4.  NRS 354.59811 is hereby amended to read as follows:

    354.59811  1.  Except as otherwise provided in NRS 354.59813, 354.59815, 354.5982, 354.5987, 354.59871, 354.705, 450.425, 540A.265 and 543.600 , [and] section 1 of [this act,] Assembly Bill No. 275 of this session and section 2 of this act, for each fiscal year beginning on or after July 1, 1989, the maximum amount of money that a local government, except a school district, a district to provide a telephone number for emergencies, or a redevelopment agency, may receive from taxes ad valorem, other than those attributable to the net proceeds of minerals or those levied for the payment of bonded indebtedness and interest thereon incurred as general long-term debt of the issuer, or for the payment of obligations issued to pay the cost of a water project pursuant to NRS 349.950, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated as follows:

    (a) The rate must be set so that when applied to the current fiscal year’s assessed valuation of all property which was on the preceding fiscal year’s assessment roll, together with the assessed valuation of property on the central assessment roll which was allocated to the local government, but excluding any assessed valuation attributable to the net proceeds of minerals, assessed valuation attributable to a redevelopment area and assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation, it will produce 106 percent of the maximum revenue allowable from taxes ad valorem for the preceding fiscal year, except that the rate so determined must not be less than the rate allowed for the previous fiscal year, except for any decrease attributable to the imposition of a tax pursuant to NRS 354.59813 in the previous year.


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ê1999 Statutes of Nevada, Page 2538 (Chapter 490, SB 473)ê

 

    (b) This rate must then be applied to the total assessed valuation, excluding the assessed valuation attributable to the net proceeds of minerals and the assessed valuation of a fire protection district attributable to real property which is transferred from private ownership to public ownership for the purpose of conservation but including new real property, possessory interests and mobile homes, for the current fiscal year to determine the allowed revenue from taxes ad valorem for the local government.

    2.  As used in this section, “general long-term debt” does not include debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

    Sec. 5.  NRS 354.655 is hereby amended to read as follows:

    354.655  As used in NRS 354.655 to 354.725, inclusive, and sections 2 and 3 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. 6.  NRS 354.695 is hereby amended to read as follows:

    354.695  1.  As soon as practicable after taking over the management of a local government, the department shall, with the approval of the committee:

    (a) Establish and implement a management policy and a financing plan for the local government;

    (b) Provide for the appointment of a financial manager for the local government who is qualified to manage the fiscal affairs of the local government;

    (c) Provide for the appointment of any other persons necessary to enable the local government to provide the basic services for which it was created in the most economical and efficient manner possible;

    (d) Establish an accounting system and separate bank accounts, if necessary, to receive and expend all money and assets of the local government;

    (e) Impose such hiring restrictions as deemed necessary after considering the recommendations of the financial manager;

    (f) Negotiate and approve all contracts entered into by or on behalf of the local government before execution and enter into such contracts on behalf of the local government as the department deems necessary;

    (g) Negotiate and approve all collective bargaining contracts to be entered into by the local government, except issues submitted to a factfinder whose findings and recommendations are final and binding pursuant to the provisions of the Local Government Employee-Management Relations Act;

    (h) Approve all expenditures of money from any fund or account and all transfers of money from one fund to another;

    (i) Employ such technicians as are necessary for the improvement of the financial condition of the local government;


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ê1999 Statutes of Nevada, Page 2539 (Chapter 490, SB 473)ê

 

    (j) Meet with the creditors of the local government and formulate a debt liquidation program;

    (k) Approve the issuance of bonds or other forms of indebtedness by the local government;

    (l) Discharge any of the outstanding debts and obligations of the local government; and

    (m) Take any other actions necessary to ensure that the local government provides the basic services for which it was created in the most economical and efficient manner possible.

    2.  The department may provide for reimbursement from the local government for the expenses it incurs in managing the local government. If such reimbursement is not possible, the department may request an allocation by the interim finance committee from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

    3.  The governing body of a local government which is being managed by the department pursuant to this section may make recommendations to the department or the financial manager concerning the management of the local government.

    4.  Each state agency, board, department, commission, committee or other entity of the state shall provide such technical assistance concerning the management of the local government as is requested by the department.

    5.  The department may delegate any of the powers and duties imposed by this section to the financial manager appointed pursuant to paragraph (b) of subsection 1.

    6.  Except as otherwise provided in section 1 of [this act,] Assembly Bill No. 275 of this session and section 2 of this act, once the department has taken over the management of a local government pursuant to the provisions of subsection 1, that management may only be terminated pursuant to NRS 354.725.

    Sec. 7.  NRS 361.453 is hereby amended to read as follows:

    361.453  Except as otherwise provided in NRS 354.705 ,  [and] section 1 of [this act,] Assembly Bill No. 275 of this session and section 2 of this act, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the state board of examiners if the state board of examiners is directed by law to fix a lesser or greater amount for that fiscal year.

    Sec. 8.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2540ê

 

CHAPTER 491, SB 508

Senate Bill No. 508–Committee on Finance

 

CHAPTER 491

 

AN ACT relating to state lands; creating a revolving account for land management; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The revolving account for land management is hereby created as a special account in the state general fund.

    2.  The state land registrar shall use the money in the account to pay the expenses related to the management of land held by the division, including, without limitation, expenses for:

    (a) Appraisals and surveys;

    (b) Construction of fences and barriers for vehicles; and

    (c) The cleanup and maintenance of the land.

    3.  The state land registrar shall:

    (a) Approve any disbursement from the revolving account; and

    (b) Maintain records of any such disbursement.

    4.  The state land registrar shall deposit into the revolving account money received by the division as a donation or as a reimbursement for or advance payment of an expense paid out of the revolving account.

    5.  The balance of the revolving account must be carried forward at the end of each fiscal year.

    6.  If the balance in the account is below $5,000, the state land registrar may request an allocation from the contingency fund pursuant to NRS 353.266, 353.268 and 353.269.

    Sec. 2.  There is hereby appropriated from the state general fund to the revolving account for land management created pursuant to section 1 of this act the sum of $20,000.

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

________

 


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ê1999 Statutes of Nevada, Page 2541ê

 

CHAPTER 492, SB 470

Senate Bill No. 470–Committee on Government Affairs

 

CHAPTER 492

 

AN ACT relating to debt management commissions; authorizing the provision of staff or technical assistance to the commissions; establishing certain qualifications for members of the commissions; providing for the removal of members of the commissions in certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 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 commission in a county whose population is less than 30,000 may request technical assistance from the department of taxation to carry out the duties of the commission. Upon such a request, the department of taxation shall provide to that commission such technical assistance to the extent that resources are available.

    2.  The board of county commissioners of a county whose population is 30,000 or more shall provide the commission in that county with such staff as is necessary to carry out the duties of the commission. The staff provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.

    Sec. 2.  NRS 350.001 is hereby amended to read as follows:

    350.001  As used in NRS 350.002 to 350.006, inclusive, and section 1 of this act, unless the context otherwise requires:

    1.  “Commission” means a debt management commission created pursuant to NRS 350.002.

    2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term includes debt represented by local government securities issued pursuant to this chapter except debt created for medium-term obligations pursuant to NRS 350.085 to 350.095, inclusive.

    3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

    Sec. 3.  NRS 350.002 is hereby amended to read as follows:

    350.002  1.  There is hereby created in each county a debt management commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:

    (a) In each county which contains more than one incorporated city:

         (1) One representative of the city in which the county seat is located;

         (2) One representative of the other incorporated cities jointly; and

         (3) One representative of the public at large.

    (b) In each county which contains one incorporated city:


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ê1999 Statutes of Nevada, Page 2542 (Chapter 492, SB 470)ê

 

         (1) One representative of the incorporated city; and

         (2) Two representatives of the public at large.

    (c) In each county which contains no incorporated city, one representative of the public at large.

    (d) In each county which contains one or more general improvement districts, one representative of the district or districts jointly and one additional representative of the public at large.

    2.  In Carson City, there is hereby created a debt management commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large. The representative of the board of supervisors and the representative of the school district shall select the representatives of the public at large, and for that purpose only, constitute a quorum of the debt management commission. Members of the commission serve for a term of 2 years beginning on January 1, or until their successors are chosen.

    3.  Each representative of a single local government must be chosen by its governing body. Each representative of two or more local governments must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the general improvement districts must be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large must be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote must be resolved by lot.

    4.  A person appointed as a member of the commission in a county whose population is 50,000 or more who is not an elected officer or a person appointed to an elective office for an unexpired term must have at least 5 years of experience in the field of public administration, public accounting or banking.

    5.  A person appointed as a member of the commission shall not have a substantial financial interest in the ownership or negotiation of securities issued by this state or any of its political subdivisions.

    6.  Members of the commission or their successors must be chosen in January of each odd-numbered year and hold office for a term of 2 years beginning January 1, except the representatives of incorporated cities, who must be chosen after elections are held in the cities but before the annual meeting of the commission in July.

    [5.] 7.  Any vacancy must be filled in the same manner as the original choice was made for the remainder of the unexpired term.

    Sec. 4.  NRS 350.003 is hereby amended to read as follows:

    350.003  1.  The commission shall meet during the month of February of each year, to organize by selecting a chairman and vice chairman. The county clerk is ex officio the secretary of the commission.

    2.  In addition to the organizational meeting, each commission shall meet annually in July of each year and at the call of the chairman whenever business is presented, as provided in NRS 350.004 and 350.005.

    3.  In conjunction with the meetings required by subsections 1 and 2, the commission in a county whose population:


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ê1999 Statutes of Nevada, Page 2543 (Chapter 492, SB 470)ê

 

    (a) Is 100,000 or more but less than 400,000, shall meet each calendar quarter.

    (b) Is 400,000 or more, shall meet each month.

The meetings required by this subsection must be scheduled at each annual meeting in July.

    4.  The appointing authority may remove a member of a commission in a county whose population:

    (a) Is 400,000 or more if the member fails to attend three consecutive meetings or five meetings during a calendar year.

    (b) Is 100,000 or more but less than 400,000 if the member fails to attend two consecutive meetings or three meetings during a calendar year.

    (c) Is less than 100,000 if the member fails to attend at least one meeting during a calendar year.

    5.  Except as otherwise provided in subsection 2 of NRS 350.002, a majority of the members constitutes a quorum for all purposes.

    Sec. 5.  1.  This section and sections 1, 2 and 4 of this act become effective on October 1, 1999.

    2.  Section 3 of this act becomes effective on January 1, 2000.

________

 

CHAPTER 493, AB 109

Assembly Bill No. 109–Committee on Commerce and Labor

 

CHAPTER 493

 

AN ACT relating to trade practices; prohibiting an informal merchant from selling new products that have certain defects; removing the purchasing and selling of used books from the definition of “junk dealer” and “secondhand dealer”; revising the definition of “secondhand dealer” to exclude certain persons who engage in the business of buying or selling secondhand firearms under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  An informal merchant shall not offer for sale or knowingly allow the sale of any new product that he knows or reasonably should have known is stolen, has been recalled by the manufacturer, has been adulterated, has not been maintained at the proper temperature, has an expiration date that has passed, has been discarded by the manufacturer or a retailer, is an inferior product if he does not clearly indicate such inferiority, or has any other defect that makes the product ineffective for the use for which it is purchased or that makes the product below the quality expected by the consumer.

    2.  An informal merchant who violates the provisions of subsection 1 shall be punished:

    (a) If the sale of the product does not cause substantial bodily harm to another person, for a gross misdemeanor.


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ê1999 Statutes of Nevada, Page 2544 (Chapter 493, AB 109)ê

 

    (b) If the sale of the product causes substantial bodily harm to another person, for a category C felony as provided in NRS 193.130.

    3.  Upon request of a peace officer, an informal merchant shall provide reliable evidence of the legal acquisition of a new product that the merchant is offering for sale. If it is determined that the product was stolen and the informal merchant fails to provide such evidence, an inference is created that the informal merchant knew or should have known that the product was stolen.

    4.  As used in this section:

    (a) “Informal market” means:

         (1) A gathering at which:

             (I) Two or more persons offer personal property for sale or exchange;

             (II) A fee is charged for the sale or exchange of personal property; or

             (III) A fee is charged for admission to the area in which personal property is offered for sale or exchange; or

         (2) A place at which personal property is offered or displayed for sale or exchange on more than six occasions in a period of 12 months,

whether held in a building, under cover or in the open air.

    (b) “Informal merchant” means a person who does not have an established retail store in the county and who transports an inventory of goods to an informal market and displays the goods for sale, offers them for sale at retail or sells them at retail.

    (c) “New product” means any tangible good which has never been used or which is in its original, unopened package or container.

    (d) “Stolen” means taken unlawfully from or without the permission of the owner, whether or not the person who took the item is or has been prosecuted or convicted for the taking of the item.

    Sec. 2.  NRS 598.281 is hereby amended to read as follows:

    598.281  As used in NRS 598.281 to 598.289, inclusive, unless the context otherwise requires:

    1.  “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

    2.  “Commissioner” means the commissioner of consumer affairs.

    3.  “Division” means the consumer affairs division of the department of business and industry.

    4.  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

    5.  “Organization”:

    (a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

         (1) Improving a buyer’s credit record, history or rating.

         (2) Obtaining an extension of credit for a buyer.


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ê1999 Statutes of Nevada, Page 2545 (Chapter 493, AB 109)ê

 

         (3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless [such] that counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

         (4) Providing advice or assistance to a buyer with regard to [either] subparagraph (1) or (2).

    (b) Does not include : [any of the following:]

         (1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

         (2) A bank, credit union or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

         (3) [A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

         (4)] A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license [.

         (5)] , unless the person is rendering those services in the course and scope of employment by or other affiliation with an organization.

         (4) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law, unless the person is rendering [such] those services in the course and scope of employment by or other affiliation with an organization.

         [(6)] (5) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

         [(7)] (6) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

         [(8)] (7) A reporting agency.

    6.  “Reporting agency” means a person who, for fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating information regarding the credit of or other information regarding consumers to furnish consumer reports to third parties, regardless of the means or facility of commerce used to prepare or furnish the consumer reports. The term does not include:

    (a) A person solely for the reason that he conveys a decision regarding whether to guarantee a check in response to a request by a third party;

    (b) A person who obtains or creates a consumer report and provides the report or information contained in it to a subsidiary or affiliate; or

    (c) A person licensed pursuant to chapter 463 of NRS.

    Sec. 3.  Chapter 647 of NRS is hereby amended by adding thereto a new section to read as follows:

    A person who is described in subsection 2 of NRS 647.018:

    1.  Shall comply with the provisions of NRS 647.110, 647.120 and 647.130; and

    2.  Is subject to the provisions of NRS 647.140 and 647.145.


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

ê1999 Statutes of Nevada, Page 2546 (Chapter 493, AB 109)ê

 

    Sec. 4.  NRS 647.016 is hereby amended to read as follows:

    647.016  “Junk dealer” means every person, firm or corporation engaged in the business of purchasing or selling hides or junk [.] , other than used books.

    Sec. 5.  NRS 647.018 is hereby amended to read as follows:

    647.018  1.  “Secondhand dealer” means any person engaged in whole or in part in the business of buying and selling metal junk, melted metals or secondhand personal property, other than used books, including, without limitation, antiques and collectibles.

    2.  The term does not include a person who engages in the business of buying or selling secondhand firearms or any antique parts, accessories or other equipment relating to those firearms if:

    (a) The person engages in that business at a show that:

         (1) Is held at:

             (I) A convention facility which is owned or operated by and located on the premises of a resort hotel; or

             (II) A recreational facility which is owned or operated by a county fair and recreation board; and

         (2) Is conducted for not more than 7 days during any 6‑month period; and

    (b) The person has been issued a license as a manufacturer, importer, dealer or collector pursuant to the provisions of 18 U.S.C. § 923.

    Sec. 6.  The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.

    Sec. 7.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.

________

 

CHAPTER 494, AB 687

Assembly Bill No. 687–Committee on Ways and Means

 

CHAPTER 494

 

AN ACT relating to prisons; authorizing the director of the department of prisons to allow the transfer of funds from the offenders’ store fund to compensate a center for the purpose of making restitution for certain costs incurred by the center under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

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

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

    2.  The director shall:

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

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


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ê1999 Statutes of Nevada, Page 2547 (Chapter 494, AB 687)ê

 

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

    3.  Except as otherwise provided in subsections 4 [, 5 and 6,] to 7, inclusive, money in the offenders’ store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

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

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

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

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

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

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

    7.  If an offender who has been assigned to a center for the purpose of making restitution is returned to an institution for committing an infraction of the regulations of the department and the center has not been fully compensated for the cost of providing the offender with housing, transportation, meals or medical or dental services at the center, the director may authorize the state controller to transfer money from the offenders’ store fund to the appropriate account in the state general fund to repay or defray those costs. The state controller shall make the transfer if authorized by the director. Any money transferred must be accounted for separately. The director shall cause the offenders’ store fund to be reimbursed from the offender’s individual account in the prisoners’ personal property fund, as money becomes available.


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

ê1999 Statutes of Nevada, Page 2548 (Chapter 494, AB 687)ê

 

    8.  If an offender has insufficient money in his individual account in the prisoners’ personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his financial situation. Such a statement must include, but is not limited to, the following information:

    (a) The value of any interest the offender has in real estate;

    (b) The value of the personal property of the offender;

    (c) The assets in any bank account of the offender; and

    (d) The employment status of the offender.

    [8.] 9.  The statement required by subsection [7] 8 must also authorize the department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this section, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.

    [9.] 10.  An offender who conceals assets from the department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

    [10.] 11.  A person who aids or encourages an offender to conceal assets from the department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

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

________

 

CHAPTER 495, AB 610

Assembly Bill No. 610–Committee on Commerce and Labor

 

CHAPTER 495

 

AN ACT relating to interior design; providing for the exemption of certain practices from regulation by the state board of architecture; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 623.330 is hereby amended to read as follows:

    623.330  1.  The following persons are exempt from the provisions of this chapter:

    (a) A person engaging in architectural work as an employee of a registered architect or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect or residential designer.

    (b) A person hired by the Federal Government to practice architecture on federal land.

    (c) A professional engineer licensed pursuant to the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.

    (d) A contractor licensed pursuant to the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.


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ê1999 Statutes of Nevada, Page 2549 (Chapter 495, AB 610)ê

 

    (e) Any person who prepares plans, drawings or specifications for:

         (1) Buildings for his own private residential use; [or]

         (2) Farm or ranch buildings used as such [.] ; or

         (3) Buildings owned by that person or his employer when an architect, a registered interior designer, a residential designer or a licensed professional engineer is also engaged by that person or his employer for work on the same building.

    (f) A person engaging in work related to interior design as an employee of a registered interior designer, if the work does not include responsible charge of interior design or supervision, or a consultant retained by a registered interior designer.

    (g) Any person who prepares drawings of the layout of materials or furnishings used in interior design or provides assistance in the selection of materials or furnishings used in interior design, including, without limitation:

         (1) Decorative accessories;

         (2) Wallpaper, wallcoverings or paint;

         (3) Linoleum, tile, carpeting or floor coverings;

         (4) Draperies, blinds or window coverings;

         (5) Lighting fixtures which [is] are not part of a structure;

         (6) Plumbing fixtures which are not a part of a structure; and

         (7) Furniture or equipment,

if the preparation or implementation of those drawings or the installation of those materials or furnishings is not regulated by any building code or other law, ordinance, rule or regulation governing the alteration or construction of a structure.

    (h) Any person who holds a certificate of registration issued by the state fire marshal to provide approved interior materials and furnishings used in interior design to the extent authorized by the certificate.

    2.  Any person exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

    3.  The exemptions provided by this section do not entitle any person who does not hold a certificate of registration to hold himself out to the public or advertise himself as an architect, registered interior designer or residential designer.

    Sec. 2.  Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  The state fire marshal shall, by regulation, provide for the registration of qualified interior designers who provide interior materials and furnishings regulated by a building code. 

    2.  The regulations must set forth:

    (a) The qualifications necessary for the issuance of a certificate of registration pursuant to this section, including, without limitation, the submission of evidence of the successful completion of a course of study approved by the state fire marshal regarding applicable building codes and other related information.

    (b) The criteria for approving instructors and courses of study regarding applicable building codes and other related information.

    (c) Any continuing education necessary for the renewal of a certificate of registration issued pursuant to this section.


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

ê1999 Statutes of Nevada, Page 2550 (Chapter 495, AB 610)ê

 

    3.  A person licensed or registered by the state board of architecture pursuant to chapter 623 of NRS is not eligible for the issuance of a certificate of registration pursuant to this section.

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

________

 

CHAPTER 496, AB 324

Assembly Bill No. 324–Assemblymen Dini, Neighbors, de Braga, Marvel, Hettrick, Arberry, Carpenter and Parnell

 

CHAPTER 496

 

AN ACT relating to agricultural extension programs; expanding the subjects included in agricultural extension programs; making an appropriation to the agricultural extension department of the public service division of the University and Community College System of Nevada for the abatement of tall white top; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 549.010 is hereby amended to read as follows:

    549.010  To provide for continued [extension work in agriculture, home economics and rural welfare] educational, research, outreach and service programs pertaining to agriculture, community development, health and nutrition, horticulture, personal and family development, and natural resources in the rural and urban communities in the State of Nevada, the director of the agricultural extension department of the public service division of the University and Community College System of Nevada and the boards of county commissioners of any or all of the respective counties of the State of Nevada may enter into cooperative agreements and activities subject to the provisions of this chapter.

    Sec. 2.  NRS 549.020 is hereby amended to read as follows:

    549.020  1.  The director of the agricultural extension department of the public service division of the University and Community College System of Nevada shall prepare and submit to the board of county commissioners, for each county participating, an annual financial budget covering the county, state and federal funds cooperating in the cost of [cooperative extension work in agriculture and home economics.] educational, research, outreach and service programs pertaining to agriculture, community development, health and nutrition, horticulture, personal and family development, and natural resources in the rural and urban communities in the State of Nevada.

    2.  The budget must be adopted by the board of county commissioners and certified as a part of the annual county budget, and the county tax levy provided for agricultural extension work in the annual county budget must include a levy of not less than 1 cent on each $100 of taxable property. If the proceeds of the county tax levy of 1 cent are insufficient to meet the county’s share of the cooperative agricultural extension work, as provided in the combined annual financial budget, the board of county commissioners may, by unanimous vote, levy an additional tax so that the total in no instance exceeds 5 cents on each $100 of the county tax rate.


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

ê1999 Statutes of Nevada, Page 2551 (Chapter 496, AB 324)ê

 

by unanimous vote, levy an additional tax so that the total in no instance exceeds 5 cents on each $100 of the county tax rate.

    3.  The proceeds of such a tax must be placed in the agricultural extension fund in each county treasury and must be paid out on claims drawn by the agricultural extension agent of the county as designated by the director of the agricultural extension department of the public service division of the University and Community College System of Nevada, when approved by the director and countersigned by the treasurer of the University and Community College System of Nevada.

    4.  A record of all such claims approved and paid, segregated by counties, must be kept by the treasurer of the University and Community College System of Nevada. The cost of maintaining the record must be paid from state funds provided for by this chapter.

    5.  The state’s cooperative share of the cost of such agricultural extension work, as entered in the budget described in this section, must not be more than a sum equal to the proceeds of 1 cent of such county tax rate; but when the proceeds of a 1-cent tax rate are insufficient to carry out the provisions of the budget previously adopted, the director of the agricultural extension department of the public service division of the University and Community College System of Nevada is authorized to supplement the state’s cooperative share from the funds as may be made available in the public service division fund of the University and Community College System of Nevada.

    Sec. 3.  1.  There is hereby appropriated from the state general fund to the agricultural extension department of the public service division of the University and Community College System of Nevada the sum of $75,000 for the abatement of tall white top.

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

________

 


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

ê1999 Statutes of Nevada, Page 2552ê

 

CHAPTER 497, AB 130

Assembly Bill No. 130–Committee on Elections, Procedures, and Ethics

 

CHAPTER 497

 

AN ACT relating to elections; describing the categories of expenses that must be included in certain reports of expenses and expenditures; revising various provisions governing the forms for reporting campaign contributions, expenses and expenditures; limiting the prohibition against causing to be published certain false statements of fact made during a political campaign to certain false statements of fact made about a candidate; requiring the commission on ethics to make certain specific findings before the commission may determine that a person has violated the prohibition against causing to be published certain false statements of fact about a candidate; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Each report of expenses or expenditures required pursuant to NRS 294A.125, 294A.200, 294A.210, 294A.220 and 294A.280 must consist of a list of the expenses incurred or expenditures made during the periods for reporting. The list must state the category and amount of the expense or expenditure and the approximate date on which the expense was incurred or the expenditure was made.

    2.  The categories of expense or expenditure for use on the report of expenses or expenditures are:

    (a) Office expenses;

    (b) Expenses related to volunteers;

    (c) Expenses related to travel;

    (d) Expenses related to advertising;

    (e) Expenses related to paid staff;

    (f) Expenses related to consultants;

    (g) Expenses related to polling;

    (h) Expenses related to special events;

    (i) Goods and services provided in kind for which money would otherwise have been paid; and

    (j) Other miscellaneous expenses.

    Sec. 2.  NRS 294A.120 is hereby amended to read as follows:

    294A.120  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and


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

ê1999 Statutes of Nevada, Page 2553 (Chapter 497, AB 130)ê

 

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature, [report the total amount of his] list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Thirty days after the special election, for the remaining period up to the special election,

[report the total amount of his] list each of the campaign contributions he receives during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report the total amount of his] list each of the campaign contributions he receives on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.

    4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.

    6.  [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it.

    Sec. 3.  NRS 294A.125 is hereby amended to read as follows:

    294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, not later than December 31 of:


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

ê1999 Statutes of Nevada, Page 2554 (Chapter 497, AB 130)ê

 

    (a) The year in which he receives contributions in excess of $10,000, [report the total contributions received.] list each of the contributions he receives during the period.

    (b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, [report] list each of the contributions received and the expenditures made in that year.

    2.  The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure, tabulated and reported on the form provided by the secretary of state.] The forms designed and provided by the secretary of state for the reporting of contributions and expenditures pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign contribution as he receives it and each expenditure as it is made.

    4.  The report must be filed with the secretary of state.

    Sec. 4.  NRS 294A.140 is hereby amended to read as follows:

    294A.140  1.  Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party and committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.

    2.  The [report of campaign contributions must identify] name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 [. Contributions] and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the first reporting period .


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

ê1999 Statutes of Nevada, Page 2555 (Chapter 497, AB 130)ê

 

[. Contributions] and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form designed and provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the person, committee for political action, political party or committee sponsored by a political party to record in the form of a list each contribution as it is received.

    3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person or entity may file the report with the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 5.  NRS 294A.150 is hereby amended to read as follows:

    294A.150  1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the total amount] list each of the contributions received during the period on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.

    2.  [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used to record in the form of a list each contribution as it is received.

    3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city.


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

ê1999 Statutes of Nevada, Page 2556 (Chapter 497, AB 130)ê

 

clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    Sec. 6.  NRS 294A.200 is hereby amended to read as follows:

    294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

    (a) Seven days before the primary election, for the period from 30 days before the regular session of the legislature after the last election for that office up to 12 days before the primary election;

    (b) Seven days before the general election, whether or not the candidate won the primary election, for the period from 12 days before the primary election up to 12 days before the general election; and

    (c) The 15th day of the second month after the general election, for the remaining period up to 30 days before the next regular session of the legislature,

[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

    (a) Seven days before the special election, for the period from his nomination up to 12 days before the special election; and

    (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

[report his] list each of the campaign expenses he incurs during the period on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

    3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall [report his] list the campaign expenses he incurs on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.

    4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 4 shall file a copy of each report with the secretary of state within 10 working days after he receives the report.


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

ê1999 Statutes of Nevada, Page 2557 (Chapter 497, AB 130)ê

 

    6.  The forms designed and provided by the secretary of state for the reporting of campaign expenses pursuant to this section must be designed to be used by a candidate to record in the form of a list each campaign expense as he incurs it.

    Sec. 7.  NRS 294A.210 is hereby amended to read as follows:

    294A.210  1.  Every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last election for that office to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report the expenditures] list each expenditure made during the period on behalf of a candidate or group of candidates in excess of $100 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.

    2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.

    3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate and itemized by the candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    5.  The forms designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.


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

ê1999 Statutes of Nevada, Page 2558 (Chapter 497, AB 130)ê

 

    Sec. 8.  NRS 294A.220 is hereby amended to read as follows:

    294A.220  1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

    (a) Seven days before a primary election or primary city election, for the period from 30 days after the last general election to 12 days before the primary election or primary city election;

    (b) Seven days before a general election or general city election, for the period from 12 days before the primary election or primary city election to 12 days before the general election or general city election; and

    (c) The 15th day of the second month after the general election or general city election, for the remaining period up to 30 days after the general election or general city election,

[report expenditures] list each expenditure made during the period on behalf of or against a question or group of questions on the ballot in excess of $100 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of $100 since the beginning of the first reporting period.

    2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report.

    3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

    5.  The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by the person or representative of the group to record in the form of a list each expenditure as it is made.

    Sec. 9.  NRS 294A.270 is hereby amended to read as follows:

    294A.270  1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

    (a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and

    (b) Thirty days after the election, for the remaining period up to the election,[report] list each contribution received or made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.


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ê1999 Statutes of Nevada, Page 2559 (Chapter 497, AB 130)ê

 

[report] list each contribution received or made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.

    2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each contribution received or made by the committee in excess of $100.

    3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each contribution received or made by the committee in excess of $100.

    4.  Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    5.  [Each] The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution, whether from or to a natural person, association or corporation, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period . [must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution, tabulated and reported on the form provided by the secretary of state.] The form designed and provided by the secretary of state for the reporting of contributions pursuant to this section must be designed to be used by the committee to record in the form of a list each contribution as it is received or made.

    Sec. 10.  NRS 294A.280 is hereby amended to read as follows:

    294A.280  1.  Except as otherwise provided in subsection 3, each committee for the recall of a public officer shall, not later than:

    (a) Seven days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 12 days before the special election; and

    (b) Thirty days after the election, for the remaining period up to the election,

[report] list each expenditure made by the committee in excess of $100 on a form provided by the secretary of state and signed under penalty of perjury.

    2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, [report] list each expenditure made by the committee in excess of $100.

    3.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, [report] list each expenditure made by the committee in excess of $100.


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

ê1999 Statutes of Nevada, Page 2560 (Chapter 497, AB 130)ê

 

the day the court determines that an election will not be held, [report] list each expenditure made by the committee in excess of $100.

    4.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $100 since the beginning of the first reporting period.

    5.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

    6.  The form designed and provided by the secretary of state for the reporting of expenditures pursuant to this section must be designed to be used by a committee to record in the form of a list each expenditure as it is made.

    Sec. 11.  NRS 294A.345 is hereby amended to read as follows:

    294A.345  1.  A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, [cause] impede the success of the candidate by causing to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:

    (a) The education or training of the candidate.

    (b) The profession or occupation of the candidate.

    (c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.

    (d) Whether the candidate has received treatment for a mental illness.

    (e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.

    (f) Whether another person endorses or opposes the candidate.

    (g) The record of voting of a candidate if he formerly served or currently serves as a public officer.

    2.  [A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.

    3.]  Any candidate who alleges that a false statement of fact concerning the candidate has been published in violation of subsection 1 [, and any person or group of persons that advocates the passage or defeat of a question on the ballot at any election, is required to file a report pursuant to NRS 294A.150, and alleges that a false statement of fact has been published in violation of subsection 2,] may file a request for an opinion with the commission on ethics pursuant to NRS 281.411 to 281.581, inclusive, and NRS 281.477. The commission shall give priority to such a request over all other matters pending with the commission.

    [4.] 3.  A person who violates the provisions of this section is subject to a civil penalty that may be imposed by the commission on ethics pursuant to NRS 281.551.

    [5.] 4.  As used in this section:

    (a) “Actual malice” means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.


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ê1999 Statutes of Nevada, Page 2561 (Chapter 497, AB 130)ê

 

    (b) “Publish” means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.

    Sec. 12.  NRS 294A.360 is hereby amended to read as follows:

    294A.360  1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.120, 294A.200 and 294A.350 for other offices not later than:

    (a) Seven days before the primary city election, for the period from 30 days after the last election for that office up to 12 days before the primary city election;

    (b) Seven days before the general city election, whether or not the candidate won the primary city election, for the period from 12 days before the primary city election up to 12 days before the general city election; and

    (c) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    2.  Every candidate for city office where there is no primary city election shall so file those reports:

    (a) Seven days before the general city election, for the period from 30 days after the last election for that office up to 12 days before the general city election; and

    (b) The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

    3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.120 and 294A.200. The form designed and provided by the city clerk for the reporting of campaign contributions and campaign expenses pursuant to this section must be designed to be used to record in the form of a list each campaign contribution as it is made and each campaign expense as it is incurred.

The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.

    Sec. 13.  NRS 294A.380 is hereby amended to read as follows:

    294A.380  The secretary of state may adopt and promulgate regulations, prescribe forms in accordance with the provisions of this chapter and take such other actions as are necessary for the implementation and effective administration of the provisions of this chapter.

    Sec. 14.  NRS 281.477 is hereby amended to read as follows:

    281.477  1.  If a request for an opinion is filed with the commission pursuant to NRS 294A.345 or 294A.346, the commission shall conduct a public hearing on the request. Except as otherwise provided in subsection 6, the hearing must be held as expeditiously as possible, but not later than 15 days after the receipt of the request for the opinion.

    2.  Such a request must be accompanied by all evidence and arguments to be offered by the requester concerning the issues related to the request. Except as otherwise provided in this subsection, if such evidence and arguments are not submitted with the request, the commission may:


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

ê1999 Statutes of Nevada, Page 2562 (Chapter 497, AB 130)ê

 

    (a) Draw any conclusions it deems appropriate from the failure of the person or group of persons requesting the opinion to submit the evidence and arguments, other than a conclusion that a person alleged to have violated NRS 294A.345 acted with actual malice; and

    (b) Decline to render an opinion.

The provisions of this subsection do not prohibit the commission from considering evidence or arguments presented by the requester after submission of the request for an opinion if the commission determines that consideration of such evidence or arguments is in the interest of justice.

    3.  The commission shall immediately notify any person alleged to have violated NRS 294A.345 or 294A.346 that such an opinion has been requested by the most expedient means possible. If notice is given orally by telephone or in any other manner, a second notice must be given in writing [no] not later than the next calendar day by facsimile machine or overnight mail. The notice must include the time and place of the commission’s hearing on the matter.

    4.  A person notified pursuant to subsection 3 shall submit a response to the commission [no] not later than [at] the close of business on the second business day following the receipt of the notice. The response must be accompanied by any evidence concerning the issues related to the request that the person has in his possession or may obtain without undue financial hardship. Except as otherwise provided in this subsection, if such evidence is not submitted within that time, the commission may:

    (a) Draw any conclusions it deems appropriate from the failure of that person to submit the evidence and argument; and

    (b) Prohibit that person from responding and presenting evidence at the hearing.

The provisions of this subsection do not prohibit the commission from allowing that person to respond and present evidence or arguments, or both, after the close of business on the second business day if the commission determines that consideration of such evidence or arguments is in the interest of justice.

    5.  Except as otherwise provided in subsection 4, the commission shall allow any person alleged to have violated NRS 294A.345 or 294A.346 to:

    (a) Be represented by counsel; and

    (b) Hear the evidence presented to the commission and respond and present evidence on his own behalf.

    6.  At the request of:

    (a) The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346; or

    (b) The person alleged to have violated the provisions of NRS 294A.345 or 294A.346,

the commission may grant a continuance of a hearing held pursuant to the provisions of this section upon a showing of the existence of extraordinary circumstances that would prohibit the commission from rendering a fair and impartial opinion. A continuance may be granted for not more than 15 days. Not more than one continuance may be granted by the commission pursuant to this subsection.


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

ê1999 Statutes of Nevada, Page 2563 (Chapter 497, AB 130)ê

 

    7.  The person or group of persons that filed the request for the opinion pursuant to NRS 294A.345 or 294A.346 has the burden of proving the elements of the offense, including that a person alleged to have violated NRS 294A.345 acted with actual malice. The existence of actual malice may not be presumed. A final opinion of the commission rendered pursuant to this section must be supported by clear and convincing evidence. In addition to the other requirements for issuing an opinion pursuant to this subsection, the commission shall not render a final opinion determining that a person has violated NRS 294A.345 unless the commission makes specific findings that:

    (a) The person caused to be published a false statement of fact concerning a candidate;

    (b) The person acted with actual malice in causing the false statement to be published;

    (c) The person acted with the intent to impede the success of the campaign of the candidate in causing the false statement to be published; and

    (d) The publication of the false statement did in fact impede the success of the campaign of the candidate.

    8.  The commission shall render its opinion, or decline to render an opinion, as expeditiously as possible, but not later than 3 days after the date of the hearing. If additional time is required to determine the state of mind or the intent of the person alleged to have violated the provisions of NRS 294A.345 or 294A.346 or to determine the amount of any civil penalty that may be imposed pursuant to NRS 281.551, the commission may continue its jurisdiction to investigate those issues but shall render its opinion as to the truth or falsity of the statement made concerning the candidate or the ballot question or its opinion as to whether the person impeded the success of the campaign or induced another person to impede the success of the campaign. If the commission continues its jurisdiction pursuant to this subsection, it may render a final opinion after the time set forth in this subsection.

    9.  A final opinion of the commission rendered pursuant to this section is subject to judicial review pursuant to NRS 233B.130. The district court shall give a petition for judicial review of a final opinion of the commission priority over other civil matters that are not expressly given priority by law. Notwithstanding the provisions of NRS 233B.130, the court may provide for such expedited review of the final opinion, including shortened periods for filing documents, as it deems appropriate for the circumstances.

    10.  Each request for an opinion filed pursuant to NRS 294A.345 or 294A.346, each opinion rendered by the commission pursuant thereto and any motion, evidence or record of a hearing relating to the request are public and must be open to inspection pursuant to NRS 239.010.

    11.  For the purposes of NRS 41.032, the members of the commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking any action related to the rendering of an opinion pursuant to this section.


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

ê1999 Statutes of Nevada, Page 2564 (Chapter 497, AB 130)ê

 

    12.  Except as otherwise provided in this section, a meeting or hearing held by the commission to carry out the provisions of this section and the commission’s deliberations on the information or evidence are not subject to any provision of chapter 241 of NRS.

    13.  As used in this section:

    (a) “Actual malice” has the meaning ascribed to it in NRS 294A.345.

    (b) “Publish” has the meaning ascribed to it in NRS 294A.345.

    Sec. 15.  NRS 281.551 is hereby amended to read as follows:

    281.551  1.  In addition to any other penalty provided by law, the commission may impose on a public officer or employee or former public officer or employee civil penalties not to exceed $5,000 for a willful violation of this chapter.

    2.  In addition to other penalties provided by law, the commission may impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281.511, against a person who:

    (a) Submits to the commission, in bad faith or with a vexatious purpose, an accusation or information that is false;

    (b) Submits to the commission, in connection with a request for an opinion that the commission determines to be without merit, an accusation or information that is false; or

    (c) Prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

    3.  If the commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization by another person of a financial benefit, the commission may, in addition to other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

    4.  Except as otherwise provided in this subsection, and in addition to any other penalty provided by law, the commission may impose on any person who violates any provision of NRS 294A.345 or 294A.346 a civil penalty not to exceed $10,000. [If] Except as otherwise provided in this subsection, if the commission finds that a violation of NRS 294A.345 or 294A.346 occurred within 10 days before an election, including any recall or special election, the commission may impose on the person who committed such a violation a civil penalty not to exceed $30,000. The commission shall not impose a civil penalty for a violation of NRS 294A.345 unless the commission has made the specific findings required pursuant to subsection 7 of NRS 281.477.

    5.  If the commission finds that a violation of this chapter has been committed by a public officer removable from office by impeachment only, it shall file a report with the appropriate person responsible for commencing impeachment proceedings as to its finding. The report must contain a statement of the facts alleged to constitute the violation.


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ê1999 Statutes of Nevada, Page 2565 (Chapter 497, AB 130)ê

 

    6.  An action taken by a public officer or employee or former public officer or employee relating to NRS 281.481, 281.491, 281.501 or 281.505 is not a willful violation of a provision of those sections if the public officer or employee:

    (a) Relied in good faith upon the advice of the legal counsel retained by the public body which the public officer represents or by the employer of the public employee;

    (b) Was unable, through no fault of his own, to obtain an opinion from the commission before the action was taken; and

    (c) Took action that was not contrary to a prior opinion issued by the commission to the public officer or employee.

    7.  In addition to other penalties provided by law, a public employee who willfully violates a provision of NRS 281.481, 281.491, 281.501 or 281.505 is subject to disciplinary proceedings by his employer and must be referred for action in accordance to the applicable provisions governing his employment.

    8.  NRS 281.481 to 281.541, inclusive, do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees.

    9.  The imposition of a civil penalty pursuant to subsections 1 to 4, inclusive, is a final decision for the purposes of judicial review.

    10.  In determining for the purposes of this section whether a person submitted an accusation or information in bad faith or with a vexatious purpose, the commission may consider various factors, including, without limitation:

    (a) When the accusation or information was filed with or provided to the commission;

    (b) Whether and, if applicable, in what manner the person who submitted the accusation or information publicly disseminated the accusation or information before the commission determined whether there was just and sufficient cause to render an opinion in the matter;

    (c) Whether the accusation or information sets forth alleged facts or details that are misleading or deceptive; and

    (d) Whether the accusation or information or the conduct of the person who submitted the accusation or information:

         (1) Would be perceived as annoying or harassing by a reasonable person; or

         (2) Demonstrates conscious disregard for the process and procedures established by the commission.

    Sec. 16.  NRS 294A.385 is hereby repealed.

    Sec. 17.  The amendatory provisions of this act do not apply to conduct that occurred before July 1, 1999, or to the jurisdiction, duties, powers or proceedings of the commission on ethics relating to such conduct.

    Sec. 18.  This act becomes effective on July 1, 1999.

________

 


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ê1999 Statutes of Nevada, Page 2566ê

 

CHAPTER 498, AB 76

Assembly Bill No. 76–Committee on Transportation

 

CHAPTER 498

 

AN ACT relating to motor vehicles; requiring the director of the department of motor vehicles and public safety to order the redesign and preparation of motor vehicle license plates with colors that are predominately blue and silver; authorizing the department to adopt regulations which prescribe methods, other than by pen and ink, by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 482.270 is hereby amended to read as follows:

    482.270  1.  Except as otherwise provided by specific statute, the director shall order the redesign and preparation of motor vehicle license plates with [no other colors than] colors that are predominately blue and silver. The director may substitute white in place of silver when no suitable material is available.

    2.  Except as otherwise provided in subsection 3, the department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

    3.  The department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378 or 482.379, without the approval of the person.

    4.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

    5.  Every license plate must have displayed upon it:

    (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

    (b) The name of this state, which may be abbreviated;

    (c) If issued for a calendar year, the year; and

    (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

    6.  The letters I and Q must not be used in the designation.

    7.  Except as otherwise provided in NRS 482.379, all letters and numbers must be of the same size.


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

ê1999 Statutes of Nevada, Page 2567 (Chapter 498, AB 76)ê

 

    Sec. 2.  NRS 482.400 is hereby amended to read as follows:

    482.400  1.  Except as otherwise provided in this subsection and subsections 2, 5 and 6, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of ownership under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufactuere’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

    2.  The department shall provide a form for use by a dealer for the transfer of ownership of a vehicle when the spaces provided upon the reverse side of the certificate of ownership issued for the vehicle have been filled. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of ownership issued for a vehicle, the form becomes a part of that certificate of ownership. The department may charge a fee not to exceed $5 for each form it provides.

    3.  Except as otherwise provided in subsections 4, 5 and 6, the transferee shall immediately apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due.

    4.  If the transferee is a dealer who intends to resell the vehicle, he shall deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215, and shall pay the privilege taxes due. The dealer is not required to register, pay a transfer or registration fee for, or pay a privilege tax on [any such] the vehicle.

    5.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

    (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of ownership for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of ownership for the vehicle.

    (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 4. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

         (1) Does not take an ownership interest in the vehicle;

         (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

         (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of ownership and the bill of sale and any other documents of transfer for the vehicle.

    6.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the department or its agent the certificate of registration and the license plate or plates for the vehicle.


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

ê1999 Statutes of Nevada, Page 2568 (Chapter 498, AB 76)ê

 

vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a privilege tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the privilege taxes due.

    7.  [For the purposes of] As used in this section, “wholesale vehicle auctioneer” means a dealer who:

    (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

    (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

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

________

 

CHAPTER 499, AB 59

Assembly Bill No. 59–Assemblyman Perkins

 

CHAPTER 499

 

AN ACT relating to motor vehicles; clarifying that a person with a disability may obtain a special license plate and parking sticker to park a motorcycle in a space designated for the handicapped; requiring the registration of certain low-speed vehicles; limiting highways upon which a low-speed vehicle may be operated; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  NRS 482.384 is hereby amended to read as follows:

    482.384  1.  Upon the application of a person with a disability which limits or impairs the ability to walk, the department may issue special license plates for a vehicle , including a motorcycle, registered by the applicant pursuant to this chapter. Except as otherwise provided in subsection 2, the application must include a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk. The issuance of a special license plate pursuant to this subsection does not preclude the issuance of a special parking placard for a vehicle other than a motorcycle or a special parking sticker for a motorcycle pursuant to subsection 6.

    2.  Every second year after the initial issuance of special license plates to a person who the department determines is not permanently disabled, the department shall require the person, when he applies to renew his special license plates, to include with his application a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk. The department shall not require a person who it determines is permanently disabled to include such a statement with his application for renewal.

    3.  Upon the application of an organization which provides transportation for a person with a disability which limits or impairs the ability to walk, the department may issue special license plates for a vehicle registered by the organization pursuant to this chapter. The application must include a statement from the organization certifying that the vehicle is used primarily to transport persons with disabilities which limit or impair the ability to walk.


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ê1999 Statutes of Nevada, Page 2569 (Chapter 499, AB 59)ê

 

statement from the organization certifying that the vehicle is used primarily to transport persons with disabilities which limit or impair the ability to walk.

    4.  The department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

    5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

    6.  Upon the application of a person with a disability which limits or impairs the ability to walk, the department may issue [a] :

    (a) A special parking placard [.] for a vehicle other than a motorcycle. Upon request, the department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

    (b) A special parking sticker for a motorcycle.

The application must include a statement from a licensed physician certifying that the applicant is a person with a disability which limits or impairs the ability to walk.

    7.  A special parking placard issued pursuant to subsection 6 must:

    (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

    (b) Have an identification number and date of expiration;

    (c) Have placed or inscribed on it the seal or other identification of the department; and

    (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

    8.  A special parking sticker issued pursuant to subsection 6 must:

    (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

    (b) Have an identification number and a date of expiration; and

    (c) Have placed or inscribed on it the seal or other identification of the department.

    9.  The department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or a temporary parking sticker for a motorcycle upon the application of a person with a temporary disability which limits or impairs the ability to walk. Upon request, the department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician indicating:

    (a) That the applicant has a temporary disability which limits or impairs the ability to walk; and

    (b) The estimated period of the disability.

    [9.] 10.  A temporary parking placard issued pursuant to subsection [8] 9 must:

    (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background; and


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ê1999 Statutes of Nevada, Page 2570 (Chapter 499, AB 59)ê

 

    (b) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

    [10.] 11.  A temporary parking sticker issued pursuant to subsection 9 must have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background.

    12.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician has certified the disability, but in no case longer than 6 months.

    [11.] 13.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

    [12.] 14.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle. If the motorcycle has no windscreen, the sticker must be affixed to any other part of the motorcycle which may be easily seen when the motorcycle is parked.

    15.  Special or temporary parking placards , special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

    [13.] 16.  No person, other than the person certified as being a person with a disability which limits or impairs the ability to walk, or a person actually transporting such a person, may use the special license plates or a special or temporary parking placard , or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

    [14.] 17.  Any person who violates the provisions of subsection [13] 16 is guilty of a misdemeanor.

    [15.] 18.  The department may review the eligibility of each holder of a special parking placard , a special parking sticker or special license plates, or [both a special parking placard and special license plates.] any combination thereof. Upon a determination of ineligibility by the department, the holder shall surrender the special parking placard , special parking sticker or special license plates, or [both,] any combination thereof, to the department.

    [16.] 19.  The department may adopt such regulations as are necessary to carry out the provisions of this section.

    Sec. 2.  NRS 482.480 is hereby amended to read as follows:

    482.480  There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

    1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

    2.  Except as otherwise provided in subsection 3:


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ê1999 Statutes of Nevada, Page 2571 (Chapter 499, AB 59)ê

 

    (a) For each of the fifth and sixth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $16.50.

    (b) For each of the seventh and eighth such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $12.

    (c) For each of the ninth or more such cars registered to a person for which special license plates have been issued pursuant to NRS 482.380, 482.381, 482.3812, 482.3814 or 482.3816, a fee for registration of $8.

    3.  The fees specified in subsection 2 do not apply:

    (a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.

    (b) To cars that are part of a fleet.

    4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

    5.  For each transfer of registration, a fee of $6 in addition to any other fees.

    6.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

    (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

    (b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

    7.  For every travel trailer, a fee for registration of $27.

    8.  For every permit for the operation of a golf cart, an annual fee of $10.

    9.  For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.

    Sec. 3.  NRS 482.480 is hereby amended to read as follows:

    482.480  There must be paid to the department for the registration or the transfer or reinstatement of the registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:

    1.  Except as otherwise provided in this section, for each stock passenger car and each reconstructed or specially constructed passenger car registered to a person, regardless of weight or number of passenger capacity, a fee for registration of $33.

    2.  Except as otherwise provided in subsection 3:

    (a) For each of the fifth and sixth such cars registered to a person, a fee for registration of $16.50.

    (b) For each of the seventh and eighth such cars registered to a person, a fee for registration of $12.


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ê1999 Statutes of Nevada, Page 2572 (Chapter 499, AB 59)ê

 

    (c) For each of the ninth or more such cars registered to a person, a fee for registration of $8.

    3.  The fees specified in subsection 2 do not apply:

    (a) Unless the person registering the cars presents to the department at the time of registration the registrations of all of the cars registered to him.

    (b) To cars that are part of a fleet.

    4.  For every motorcycle, a fee for registration of $33 and for each motorcycle other than a trimobile, an additional fee of $6 for motorcycle safety. The additional fee must be deposited in the state highway fund for credit to the account for the program for the education of motorcycle riders.

    5.  For each transfer of registration, a fee of $6 in addition to any other fees.

    6.  To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.317:

    (a) A fee of $250 for a registered owner who failed to have insurance on the date specified in the form for verification that was mailed by the department pursuant to subsection 2 of NRS 485.317; or

    (b) A fee of $50 for a registered owner of a dormant vehicle who canceled the insurance coverage for that vehicle or allowed the insurance coverage for that vehicle to expire without first canceling the registration for the vehicle in accordance with subsection 3 of NRS 485.320,

both of which must be deposited in the account for verification of insurance which is hereby created in the state highway fund. Money in the account must be used to carry out the provisions of NRS 485.313 to 485.318, inclusive.

    7.  For every travel trailer, a fee for registration of $27.

    8.  For every permit for the operation of a golf cart, an annual fee of $10.

    9.  For every low-speed vehicle, as that term is defined in section 4 of this act, a fee for registration of $33.

    Sec. 4.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  As used in this section, “low-speed vehicle” means a motor vehicle:

    (a) Designed to carry not more than four persons;

    (b) Designed to operate at a maximum speed of at least 20 but not more than 25 miles per hour;

    (c) Having at least four wheels in contact with the ground;

    (d) Having an unladen weight of less than 1,800 pounds; and

    (e) Complying with the standards for safety of such a vehicle set forth in Federal Motor Safety Standard No. 500 at 49 CFR § 571.500.

    2.  If registered, a low-speed vehicle may be operated upon a highway where the posted speed limit is 35 miles per hour or less. A person shall not operate a low-speed vehicle upon a highway where the posted speed limit is greater than 35 miles per hour, except to cross such a highway at an intersection.

    Sec. 5.  NRS 484.407 is hereby amended to read as follows:

    484.407  1.  Except as otherwise provided in subsection 2, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard , a temporary parking sticker or special plates issued pursuant to NRS 482.384, or special plates for a disabled veteran issued pursuant to NRS 482.377, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle , if the parking is otherwise consistent with public safety and is done by a person with a disability which limits or impairs the ability to walk, a disabled veteran or a person transporting such a person.


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ê1999 Statutes of Nevada, Page 2573 (Chapter 499, AB 59)ê

 

more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle , if the parking is otherwise consistent with public safety and is done by a person with a disability which limits or impairs the ability to walk, a disabled veteran or a person transporting such a person.

    2.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

    Sec. 6.  NRS 484.408 is hereby amended to read as follows:

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

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

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

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

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

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

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

    (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

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

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

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

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

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

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

    (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

    Sec. 7.  1.  This section and sections 2 and 4 of this act become effective on July 1, 1999.

    2.  Sections 1 and 5 of this act become effective on October 1, 1999.

    3.  Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.


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ê1999 Statutes of Nevada, Page 2574 (Chapter 499, AB 59)ê

 

    4.  Section 3 of this act becomes effective at 12:01 a.m. on January 1, 2001.

    5.  Section 2 of this act expires by limitation on January 1, 2001.

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CHAPTER 500, AB 289

Assembly Bill No. 289–Committee on Ways and Means

 

CHAPTER 500

 

AN ACT relating to the department of prisons; enacting provisions governing the operation of vending machines located in the visitors’ areas of institutions and facilities of the department; and providing other matters properly relating thereto.

 

[Approved June 8, 1999]

 

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

 

    Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  Except as otherwise provided in subsection 2, the department shall operate any vending machine that is located in a visitors’ area of a facility or an institution of the department.

    2.  The department may enter into a contract with a private vendor to operate a vending machine located in a visitors’ area of a facility or an institution of the department.

    3.  If the department operates a vending machine pursuant to subsection 1 or enters into a contract with a private vendor to operate a vending machine pursuant to subsection 2, the money received by the department from the operation of the vending machine, less any money expended for overhead and operating expenses, must be deposited in the offenders’ store fund created pursuant to NRS 209.221.

    4.  As used in this section, “vending machine” means any manual or coin-operated machine or similar device for vending food, beverages or other articles.

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

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