[Rev. 4/6/2015 4:14:14 PM]

Link to Page 1920

 

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ê1983 Statutes of Nevada, Page 1921 (Chapter 598, AB 361)ê

 

registered architect or residential designer shall obtain a seal of the design authorized by the board, bearing the architect’s or designer’s name, the number of his certificate of registration, and the legend “Registered Architect” or “Residential Designer.”

      2.  Plans, specifications, reports and other documents issued by a registered architect or residential designer for official use must be signed , [and] sealed and dated on the title page by the architect or designer.

      3.  It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with the seal after the certificate of registration of the architect or residential designer, named therein, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

      Sec. 10.  NRS 623.190 is hereby amended to read as follows:

      623.190  1.  Any person who is at least 21 years of age [,] and of good moral character and who has had at least 8 years of experience in architectural work may apply to the board for registration under this section as an architect.

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, any school of architecture in the State of Nevada or any architectural school approved by the state board of architecture is considered equivalent to 1 year of experience in architectural work [.] for the purpose of registration as an architect.

      3.  [After reaching a 5-year experience level, an application may be made to the board for a preliminary examination. The examination must be prescribed by the board, constitutes the examination required for registration as a residential designer, and may be required as part of the examination to be an architect.

      4.  After reaching an 8-year experience level, an application may be made to the board for an examination to qualify as a registered architect.

      5.]  The board shall, by [regulations,] regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and [the board may also adopt] the examination and grading procedure of that organization [.] , as they exist on the date of adoption. Examinations must include [both oral and written] tests in the technical and professional subjects as are prescribed by the board.

      [6.]4.  Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall by regulation establish the amount of credit allowed for education, practical training or a combination thereof.


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ê1983 Statutes of Nevada, Page 1922 (Chapter 598, AB 361)ê

 

      5.  The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:

      (a) A written examination covering:

             (1) Structural technology;

             (2) Materials and methods of construction;

             (3) Systems for environmental control; and

             (4) Graphic design; and

      (b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.

      6.  Any application to the board may be denied for any violation of this chapter.

      Sec. 11.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 and before receiving a certificate or being registered as an architect, the applicant shall [satisfactorily] pass an examination in such technical and professional courses as may be established by the board, unless the applicant has applied for the certificate and registration without examination as provided in this chapter.

      2.  Upon complying with the applicable requirements of this chapter and passing the examination, an applicant is entitled to be registered as a residential designer and receive a certificate of registration. A person may not be simultaneously registered as an architect and residential designer.

      3.  The board shall give examinations [pursuant to NRS 623.190 and 623.195] at least once each year, unless no applications for examinations are pending with the board.

      Sec. 12.  NRS 623.210 is hereby amended to read as follows:

      623.210  The board may, in lieu of all examinations, accept satisfactory evidence of registration and certification as an architect in another [state or country] jurisdiction where the qualifications required are equal to those required in this chapter at the date of application. The board may require, as satisfactory evidence of such registration and certification, a certificate of the National Council of Architectural Registration Boards.

      Sec. 13.  NRS 623.220 is hereby amended to read as follows:

      623.220  1.  The board shall issue a certificate of registration upon payment of a registration fee, as provided for in this chapter, to any applicant who [shall successfully pass such] passes the examinations, or in lieu thereof [shall bring] brings himself within the provisions of NRS 623.210 . [or the provisions of NRS 623.195.]

      2.  Certificates of registration [shall] must show the full name of the registrant, [shall] have a serial number, and [shall] be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board [shall be] is evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect or residential designer while [such] the certificate remains unsuspended, unrevoked [or] and unexpired.


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ê1983 Statutes of Nevada, Page 1923 (Chapter 598, AB 361)ê

 

evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect or residential designer while [such] the certificate remains unsuspended, unrevoked [or] and unexpired.

      Sec. 14.  NRS 623.250 is hereby amended to read as follows:

      623.250  1.  Each architect or residential designer holding a certificate of registration under the provisions of this chapter shall, before or during the month of December of each [odd-numbered] year preceding a biennium during which he desires to continue the practice of architecture or residential design, submit a renewal fee provided for by this chapter, for a renewal of the certificate.

      2.  Upon receipt of the renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration is renewed for the term of [the] a biennium. The certificate renewal card must bear a serial number and the signature or a facsimile thereof of the secretary of the board and must be sealed with the seal of the board.

      3.  [Such] The renewal must be recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.

      Sec. 15.  NRS 623.270 is hereby amended to read as follows:

      623.270  The board may, by majority vote, revoke or suspend a certificate of registration, or it may reprimand the holder of any certificate of registration issued pursuant to this chapter, if proof satisfactory to the board is presented in any of the following cases:

      1.  In case it is shown that the certificate was obtained by fraud.

      2.  In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      3.  In case the holder of the certificate has been found guilty by the board of repeated incompetency or negligence in the practice of architecture or residential design.

      4.  In case the board finds that the holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate direction and supervision, or has permitted the use of his name to assist any person who is not a registered architect to evade any provision of this chapter.

      5.  In case the board finds that the holder of a certificate has aided or abetted any unauthorized person to practice architecture or residential design.

      6.  In case the board finds [an intentional] a violation of any law, [rule,] regulation or rule of ethics pertaining to the practice of architecture or residential design.


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ê1983 Statutes of Nevada, Page 1924 (Chapter 598, AB 361)ê

 

      Sec. 16.  NRS 623.310 is hereby amended to read as follows:

      623.310  The board shall, by regulation, adopt a fee schedule which may not exceed the following:

For an examination for a certificate.................................... [$125.00]................................................................................................. $500.00

For rewriting an examination or a part or parts failed...... [$125.00]................................................................................................... 500.00

For a certificate of registration................................................. [100.00]................................................................................................... 125.00

For initial registration or renewal of [a certificate] registration................................................................................................ [100.00]................................................................................................... 120.00

For the [restoration] late renewal of an expired certificate [100.00]................................................................................................... 220.00

For the restoration of [a certificate which has been revoked] an expired or revoked certificate......................................................... [200.00]................................................................................................... 300.00

For change of address............................................................................... 5.00

For replacement of a certificate.............................................................. ..................................................................................................... 30.00

For application forms..................................................................... [5.00]..................................................................................................... 25.00

For photostatic copies, each sheet..........................................................   .25

      Sec. 17.  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 practicing architecture as an officer or full-time employee of the United States [.] Government for federal public works projects on federal land.

      (c) A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.

      (d) A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.

      (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.

      2.  Any person [exempt] exempted by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      Sec. 18.  NRS 623.195 is hereby repealed.

 

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ê1983 Statutes of Nevada, Page 1925ê

 

CHAPTER 599, SB 456

Senate Bill No. 456–Committee on Finance

CHAPTER 599

AN ACT relating to public employees’ retirement; increasing post-retirement increases in benefits; requiring all employers to pay the contributions of certain employees; authorizing certain employees to require their employers to pay their contributions; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, and section 10.5 of this act.

      Sec. 2.  A person is not eligible for the post-retirement increases provided in section 3 of this act unless he is receiving:

      1.  A disability retirement allowance or a service retirement allowance;

      2.  A benefit as a survivor of a deceased member; or

      3.  A benefit as the designated beneficiary of a deceased retired employee.

      Sec. 3.  1.  A person is entitled to the increase provided in this section if he began receiving such an allowance or benefit:

      (a) Before September 1, 1983, and has received the allowance or benefit for at least 6 continuous months in the 12 months preceding the effective date of the increase; or

      (b) At least 3 years before the increase.

      2.  Allowances or benefits increase once each year on September 1 by the lesser of:

      (a) Two percent; or

      (b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the board.

      3.  The board may use a different index for the calculation made pursuant to paragraph (b) of subsection 2 if:

      (a) The substituted index is compiled and published by the United States Department of Labor; and

      (b) The board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.

      4.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on August 31 of that year.

      Sec. 4.  1.  Except as limited by subsection 2, if the increase in taxable revenue for a particular year as compared to 1983 is:

      (a) At least 10 percent but less than 15 percent, the total rate of contribution to both the public employees’ retirement fund and the police and firemen’s retirement fund increases above the rate for 1983 by 1 percent of compensation.


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ê1983 Statutes of Nevada, Page 1926 (Chapter 599, SB 456)ê

 

and firemen’s retirement fund increases above the rate for 1983 by 1 percent of compensation.

      (b) At least 15 percent but less than 17.5 percent, the rate increases above the rate for 1983 by 2 percent of compensation.

The rate of contribution further increases by 1 percent of compensation for each additional 2.5 percent of increase in taxable revenue for a calendar year as compared to 1983. Any increase pursuant to this section is effective on July 1 of the year following the year which is compared to 1983.

      2.  Rates of contribution must not increase beyond the level which is actuarially computed to be sufficient to pay for the allowances and benefits provided by this chapter.

      3.  As used in this section, “increase in taxable revenue for a particular year as compared to 1983” means the percentage by which the sum of taxable retail sales and gross revenue of gaming licensees for that calendar year exceeds the sum of such sales and revenue for the calendar year 1983, excluding sales and revenue which are taxed because the scope of the tax was expanded after 1983.

      4.  Each year the department of administration shall determine and the legislative auditor shall verify the increase in taxable revenue for that year as compared to 1983.

      Sec. 5.  1.  No further increase as provided in section 3 of this act may be made on or after September 1, 1989, if on that date the most recent actuarial evaluation indicates that rates of contribution have not increased to a level which is actuarially computed to be sufficient to pay for further increases.

      2.  If increases are terminated pursuant to subsection 1, the rate of contribution must be reduced to an actuarially computed rate which is sufficient to pay for the allowances and benefits provided by this chapter before September 1, 1989.

      Sec. 6.  1.  The system shall provide an increase of $80 per month for all public employees who retired before July 1, 1963, in addition to the amounts to which they were respectively entitled on April 1, 1975.

      2.  All money which has been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled “An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith,” approved March 26, 1937, as amended, must be transferred to the public employees’ retirement fund. The money must be combined with the appropriation made by section 35 of chapter 270, Statutes of Nevada 1975, and segregated into a separate account within the public employees’ retirement fund from which an $80 per month increase for retirees who retired before July 1, 1963, must be paid.


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ê1983 Statutes of Nevada, Page 1927 (Chapter 599, SB 456)ê

 

      Sec. 7.  1.  The system shall pay a post-retirement allowance from the appropriate retirement fund to each member receiving a disability retirement allowance or service retirement allowance under the provisions of this chapter who first became entitled to receive any such allowance before July 1, 1975, as follows: As of the 1st day of July in each year following June 30, 1963, or the calendar year in which any monthly disability allowance or service retirement allowance was first paid, whichever last occurs, and preceding July 1, 1975, there must be added to such monthly disability allowance or service retirement allowance and paid to the member monthly thereafter an amount equivalent to 1.5 percent of the amount of such monthly disability allowance or service retirement allowance as originally computed, approved and paid.

      2.  Each member who retired before January 1, 1962, is entitled to receive an increase in his post-retirement allowance of 1.5 percent of the amount of his monthly disability retirement allowance or service retirement allowance, as originally computed, approved and paid, for each calendar year following the calendar year of his retirement and preceding the calendar year 1963.

      3.  Beginning on July 1, 1975, the system shall pay a post-retirement increase from the appropriate retirement fund to each person who receives monthly service retirement, disability or survivor benefit allowances as follows:

 

Period of Beginning Receipt                                            Increase of Base Benefit

 

July 1 to December 31, 1963                                                         5.00 percent

Calendar year 1964                                                                        4.75 percent

Calendar year 1965                                                                        4.50 percent

Calendar year 1966                                                                        4.25 percent

Calendar year 1967                                                                        4.00 percent

Calendar year 1968                                                                        3.75 percent

Calendar year 1969                                                                        3.50 percent

Calendar year 1970                                                                        3.25 percent

Calendar year 1971                                                                        3.00 percent

Calendar year 1972                                                                        2.75 percent

Calendar year 1973                                                                        2.50 percent

Calendar year 1974                                                                        2.25 percent

 

and beginning on July 1, 1976, an additional increase of the same amount must be paid to each person.

      4.  Beginning July 1, 1976, a post-retirement increase of 2 percent must be paid to every such member who began receiving benefits during the calendar year 1975.

      Sec. 8.  1.  In addition to the other post-retirement allowances and increases provided by law, if adequate money is available which has been designated for this purpose, the public employees’ retirement system shall provide a post-retirement increase based upon the total number of calendar years that the recipient has been receiving an allowance.


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ê1983 Statutes of Nevada, Page 1928 (Chapter 599, SB 456)ê

 

number of calendar years that the recipient has been receiving an allowance. Such increases are payable beginning July 1, 1977, and July 1, 1978, as follows:

 

   Total Years

Receiving Allowance                                                         Increase of Base Benefit

 

12 or more                                                                               5.00 percent

11                                                                                              4.75 percent

10                                                                                              4.50 percent

 9                                                                                              4.25 percent

 8                                                                                              4.00 percent

 7                                                                                              3.75 percent

 6                                                                                              3.50 percent

 5                                                                                              3.25 percent

 4                                                                                              3.00 percent

 3                                                                                              2.75 percent

 2                                                                                              2.50 percent

 1                                                                                              2.25 percent

 

      2.  A person who has been receiving an allowance for at least 6 months but less than 1 year when post-retirement increases are paid is entitled to an increase of 2 percent of his base benefit.

      3.  A beneficiary of a deceased retired employee is entitled to receive post-retirement increases provided in this section based on the effective date of retirement for the retired employee and:

      (a) The base benefit for the retired employee if he selected option 2 or 4; or

      (b) Fifty percent of the base benefit of the retired employee if he selected option 3 or 5.

      4.  The post-retirement increases provided in this section are payable only if they do not exceed the percentage increase in the Consumer Price Index (All Items) during the previous calendar year. The percentage for post-retirement increases provided in this section must be reduced to the percentage increase in the Consumer Price Index (All Items) for the previous calendar year if the increase in the index is less than the percentage provided in this section.

      Sec. 9.  1.  In addition to other post-retirement allowances or benefits provided by law, and subject to the limitation provided in subsection 3, the public employees’ retirement system shall provide a post-retirement increase to each eligible person, based upon:

      (a) The number of years he has received a retirement allowance or in the case of a beneficiary of a retired employee, the number of years an allowance or benefits have been received since the retired employee’s effective date of retirement; and

      (b) The amount of his cumulative allowance or benefit computed as of the dates on which these increases are payable.

      2.  The increases provided in subsection 1 are payable on July 1, 1979, and July 1, 1980, as follows:


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ê1983 Statutes of Nevada, Page 1929 (Chapter 599, SB 456)ê

 

Number of Years Receiving                                                Increase in Cumulative

Allowance or Benefit                                                                  Allowance or Benefit

5 years or more                                                                            5      percent

4 years                                                                                           4.5   percent

3 years                                                                                           4      percent

2 years                                                                                           3.5   percent

1 year                                                                                            3      percent

 

      3.  These percentage increases are payable only if they do not exceed the percentage increase in the “All Items Consumer Price Index” for the preceding calendar year. If the percentage increase in the index for the preceding year is less than any percentage increase described in section 3, the latter increase must be reduced to the former.

      4.  A person is eligible to receive the increase provided in section 2 of this act if he is:

      (a) A retired employee receiving a retirement allowance;

      (b) A survivor of a deceased member who is receiving a benefit; or

      (c) A beneficiary of a deceased retired employee who is receiving a benefit.

      Sec. 10.  1.  On July 1, 1981, and July 1, 1982, the system shall provide a cost-of-living increase to each retired employee or beneficiary. The increase must be based on the number of years the person has been drawing benefits plus the portion of the year, in full calendar months, in which he began drawing benefits, in the amounts:

 

Number of years and full calendar                                                                     Percentage

months during which benefits have                                                                               of

      been received                                                                                                          Increase

1 year.......................................................................................................               3

1 year and 1 month through 2 years..................................................               3.5

2 years and 1 month through 3 years................................................               4

3 years and 1 month through 4 years................................................               4.5

4 years and 1 month through 5 years................................................               5

5 years and 1 month through 6 years................................................               5.5

6 years and 1 month through 7 years................................................               6

7 years and 1 month through 8 years................................................               6.5

8 years and 1 month through 9 years................................................               7

9 years and 1 month through 10 years..............................................               7.5

10 years and 1 month through 11 years...........................................               8

11 years and 1 month through 12 years...........................................               8.5

12 years and 1 month through 13 years...........................................               9

13 years and 1 month through 14 years...........................................               9.5

14 years and 1 month and more.........................................................            10


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ê1983 Statutes of Nevada, Page 1930 (Chapter 599, SB 456)ê

 

      2.  The increase for a retired employee or beneficiary who has been receiving benefits for less than 12 full calendar months on July 1 is 3 percent prorated for the number of full calendar months in which he has received benefits.

      3.  In addition to the other post-retirement allowances and increases provided by law, the system shall provide a monthly post-retirement increase of $100 per month, beginning on July 1, 1981, to surviving spouses who receive benefits pursuant to subsection 2 of NRS 286.674.

      4.  The increases provided in this section are payable only if and to the extent that they respectively do not exceed the increase in the Consumer Price Index (All Items) for the calendar year preceding their payment.

      Sec. 10.5.  At any time after January 1, 1984, an employee who is paying the employee’s contribution on his own behalf may elect to have his portion of the contribution paid by his employer in the manner provided in NRS 286.421. An employee who makes such an election may not thereafter convert to paying his own contributions.

      Secs. 11 through 13.  (Deleted by amendment.)

      Sec. 14.  NRS 286.421 is hereby amended to read as follows:

      286.421  1.  [Except as limited in this section, any] Beginning July 1, 1985, a participating public employer [may] shall pay on behalf of [its employees the employer] an employee the contributions required by subsection 1 of NRS 286.410 [. The state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions. The public employees’ retirement board shall elect whether to pay such contributions on behalf of its employees in the unclassified service. The board of regents shall elect whether to pay such contributions on behalf of the professional staff of the University of Nevada System.] if:

      (a) The employee is hired after July 1, 1985; or

      (b) The employee’s benefits have vested pursuant to NRS 286.6793.

The employer shall begin paying an employee’s portion of contribution on the date his benefits vest, if they vest after July 1, 1985.

      2.  Payment of [employee] the employee’s portion of the contributions must be:

      (a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or

      (b) Counterbalanced by equivalent reductions in [employee] employees’ salaries.

      3.  The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately.


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ê1983 Statutes of Nevada, Page 1931 (Chapter 599, SB 456)ê

 

      4  Employee contributions made by a public employer must be deposited in either the public employees’ retirement fund or the police and firemen’s retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.

      6.  If an employer [elects to pay] is paying the basic contribution on behalf of [its employees,] an employee the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:

      (a) For all employees except police officers and firemen, 15 percent of compensation.

      (b) For police officers and firemen, 18 percent of compensation.

Except as provided in subsection 7, a public employer which [has elected to pay] is paying the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of such contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of such increase as provided in subsection 2.

      7.  For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

      8.  [An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the next fiscal year or established payroll adjustment period.

      9.]  Public employers other than the State of Nevada must pay the entire employee contribution for those employees who contribute to the police and firemen’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution.

      Secs. 15 and 16.  (Deleted by amendments.)

      Sec. 17.  NRS 286.667 is hereby amended to read as follows:

      286.667  1.  A retired employee whose service retirement allowance is payable from the police and firemen’s retirement fund is entitled to receive his service retirement allowance without modification.

      2.  Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled , upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the service retirement allowance to which the retired employee was entitled.

      3.  This section does not apply to a person who:

      (a) Begins receiving a service retirement allowance or a benefit from the police and firemen’s retirement fund before July 1, 1981.


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ê1983 Statutes of Nevada, Page 1932 (Chapter 599, SB 456)ê

 

      (b) [Is an employee of the State of Nevada.

      (c)] At the time of his retirement, elects one of the alternatives to an unmodified service retirement allowance.

      4.  Service [as an employee of the state and service] performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:

      (a) Select a retirement option other than one permitted by this section;

      (b) Receive the benefit conferred by this section, with a spouse’s benefit reduced by a proportion equal to that which the service which is not creditable bears to his total service; or

      (c) Purchase the additional spouse’s benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.

      5.  The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.

      Secs. 18 through 22.  (Deleted by amendment.)

      Sec. 23.  Sections 35 and 36 of chapter 270, Statutes of Nevada 1975, as amended by chapter 628, Statutes of Nevada 1981, at page 1373, sections 55 and 56 of chapter 594, Statutes of Nevada 1977, sections 2 to 6, inclusive, of chapter 283, Statutes of Nevada 1979, and section 2 of chapter 315, Statutes of Nevada 1981, are hereby repealed.

      Sec. 24.  On September 1, 1983, only, the increase allowable under paragraph (a) of subsection 2 of section 3 of this act is 2.33 percent.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26.  Section 17 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

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ê1983 Statutes of Nevada, Page 1933ê

 

CHAPTER 600, AB 615

Assembly Bill No. 615–Committee on Commerce

CHAPTER 600

AN ACT relating to health insurance; requiring coverage for care in a hospice; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 679A of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Hospice” has the meaning ascribed to it in NRS 449.0115.

      Sec. 2.  NRS 679A.020 is hereby amended to read as follows:

      679A.020  As used in this code, unless the context otherwise requires, the words and terms defined in NRS 679A.030 to 679A.130, inclusive, [shall] and section 1 of this act, have the meanings ascribed to them in NRS 679A.030 to 679A.130, inclusive.

      Sec. 3.  NRS 689A.030 is hereby amended to read as follows:

      689A.030  A policy of health insurance must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:

      1.  The entire money and other considerations therefor must be expressed therein;

      2.  The time when the insurance takes effect and terminates must be expressed therein;

      3.  It must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder;

      4.  The style, arrangement and overall appearance of the policy must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers must be plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the “text” includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);

      5.  The exceptions and reductions of indemnity must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, must be printed, at the insurer’s option, with the benefit provision to which they apply or under an appropriate caption, such as “Exceptions” or “Exceptions and Reductions,” except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies;

 


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

ê1983 Statutes of Nevada, Page 1934 (Chapter 600, AB 615)ê

 

such as “Exceptions” or “Exceptions and Reductions,” except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies;

      6.  Each such form, including riders and endorsements, must be identified by a number in the lower left-hand corner of the first page thereof;

      7.  The policy must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless that portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner;

      8.  The policy must provide benefits for expense arising from home health care or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007; and

      9.  The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of alcohol and drug abuse as provided in NRS 689A.046.

      10.  If the policy provides coverage for services rendered by a hospital, health and care facility or other similar services it must provide coverage for such services when rendered by a hospice.

      Sec. 4.  NRS 689B.030 is hereby amended to read as follows:

      689B.030  Each group health insurance policy must contain in substance the following provisions:

      1.  A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance voids the insurance or reduces its benefits unless the statement is contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to him or his beneficiary.

      2.  A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of that employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family.

      3.  A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.

      4.  A provision for benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.

      5.  A provision for benefits payable for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.


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ê1983 Statutes of Nevada, Page 1935 (Chapter 600, AB 615)ê

 

treatment of the abuse of alcohol or drugs, as provided in NRS 689B.036.

      6.  If the policy provides coverage for services rendered by a hospital, health and care facility or other similar services it must provide coverage for such services when rendered by a hospice.

      Sec. 5.  NRS 695B.180 is hereby amended to read as follows:

      695B.180  A contract for hospital, medical or dental services must not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:

      1.  Unless the entire consideration therefor is expressed in the contract.

      2.  Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.

      3.  If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.

      4.  Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.

      5.  Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.

      6.  Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, that portion is printed in boldface type and with greater prominence than any other text of the contract.

      7.  If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.

      8.  Unless the contract contains a provision for benefits payable for expenses incurred for the treatment of the abuse of alcohol or drugs, as provided in NRS 695B.194.

      9.  If the contract provides coverage for services rendered by a hospital, health and care facility or other similar services, unless the contract provides coverage for such services when rendered by a hospice.

      [9.]10.  Unless the contract for hospital service contains in blackface type, not less than 10 points, the following provisions:

      This contract does not restrict or interfere with the right of any person entitled to hospital service and care to select the contracting hospital or to make a free choice of his attending physician, who must be the holder of a valid and unrevoked physician’s license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the hospital services are to be provided.


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

ê1983 Statutes of Nevada, Page 1936 (Chapter 600, AB 615)ê

 

the holder of a valid and unrevoked physician’s license and a member of, or acceptable to, the attending staff and board of directors of the hospital in which the hospital services are to be provided.

      Sec. 6.  Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each health care plan which provides coverage for services rendered by a hospital, health and care facility or other similar services must also provide coverage for such services when rendered by a hospice.

      Sec. 7.  Sections 3 to 5, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 


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

ê1983 Statutes of Nevada, Page 1937ê

 

CHAPTER 601, SB 109

Senate Bill No. 109–Senators Glaser, Ashworth and Robinson

CHAPTER 601

AN ACT relating to execution of criminals; changing the method of inflicting the death penalty to lethal injection; authorizing the director of the department of prisons to designate a person to administer the injection; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.355 is hereby amended to read as follows:

      176.355  1.  The judgment of death [shall] must be inflicted by [the administration of lethal gas.

      2.  The execution shall take place within the limits of the state prison, wherein a suitable and efficient enclosure and proper means for the administration of such gas for that purpose shall be provided by the board of prison commissioners.

      3.] an injection of a lethal drug.

      2.  The director of the department of prisons [must be present, and must invite] shall:

      (a) Select the drug or combination of drugs to be used for the execution after consulting with the state health officer;

      (b) Be present at the execution; and

      (c) Invite a competent physician [,] and not less than six nor more than nine reputable citizens over the age of 21 years, to be present at the execution . [; but no other persons shall be present at the execution.]

      3.  The execution must take place at the state prison.

      4.  No person who has not been invited by the director may witness the execution.

      Sec. 2.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing practitioner or pursuant to a chart order of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a practitioner.

      3.  A physician’s assistant at the direction of his supervising physician.

      4.  An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.


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

ê1983 Statutes of Nevada, Page 1938 (Chapter 601, SB 109)ê

 

direction of a physician or registered nurse as provided in NRS 450B.197.

      5.  A respiratory therapist, at the direction of a physician.

      6.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      7.  A medical intern in the course of internship.

      8.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to prescribe dangerous drugs.

      9.  A person designated by the director of the department of prisons for the purpose of executing a person who has been sentenced to death.

      Sec. 3.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  Any person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a gross misdemeanor, unless the dangerous drug was obtained originally by a legal prescription.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A practitioner to his own patients as provided in NRS 454.301;

      (b) A physician’s assistant if authorized by the board;

      (c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs; or

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity.

      (e) A hospital pharmacy or a pharmacy so designated by a district health officer to the holder of a permit for the operation of an ambulance service or an air ambulance service to stock ambulances or replenish the stock.

      (f) A prison pharmacy to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.


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

ê1983 Statutes of Nevada, Page 1939 (Chapter 601, SB 109)ê

 

      Sec. 4.  The provisions of this act apply to all executions after July 1, 1983. If a death warrant specifies a different method of execution than injection of a lethal drug, the district attorney may apply to the court which issued the warrant for an order modifying the warrant to specify the proper method of execution.

      Sec. 5.  Sections 2 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 602, AB 218

Assembly Bill No. 218–Assemblymen Dini, Getto, Stewart, Redelsperger, Schofield, Sedway and Bergevin

CHAPTER 602

AN ACT relating to indigent persons; providing for reimbursement of certain costs of hospital care furnished to certain indigent persons injured in motor vehicle accidents; prescribing procedures; creating a fund for hospital care to indigent persons and providing for its administration; providing for the levy of a tax ad valorem to support the fund; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 3 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Board” means the board of trustees of the fund.

      Sec. 4.  “Fund” means the fund for hospital care to indigent persons.

      Sec. 5.  “Hospital” means an establishment which has the staff and equipment to provide diagnosis, care and treatment of all stages of human injury and illness and which provides 24-hour medical care.

      Sec. 6.  “Hospital care” means:

      1.  Services furnished by a hospital to a patient between the time of his admission and the time of his discharge, including:

      (a) Bed and board;

      (b) Drugs; and

      (c) Anesthesia, nursing services, equipment, supplies and laboratory and radiological services, whether furnished directly by the hospital or pursuant to a contractual arrangement made by the hospital; and

      2.  Services of a physician rendered to a patient in a hospital between the time of his admission and the time of his discharge.


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

ê1983 Statutes of Nevada, Page 1940 (Chapter 602, AB 218)ê

 

      Sec. 7.  “Injury in a motor vehicle accident” means any personal injury accidentally caused in, by or as the proximate result of the movement of a motor vehicle on a public street or highway, whether the injured person was the operator of the vehicle or another vehicle, a passenger in the vehicle or another vehicle, a pedestrian, or had some other relationship to the movement of a vehicle.

      Sec. 8.  Whenever hospital care is furnished to a person on account of an injury suffered by the person in a motor vehicle accident in this state, the hospital shall use reasonable diligence to collect the amount of the charges for that care from the patient or any other person responsible for his support. The hospital may request the board of county commissioners of the county in which:

      1.  The accident occurred, if the person is not a resident of this state; or

      2.  The person resides, if the person is a resident of this state,

to determine whether the person who received the care is an indigent person.

      Sec. 9.  1.  If, after investigation, the board of county commissioners determines that the person is an indigent person, the board of county commissioners shall so certify in writing to the hospital and to the board of trustees of the fund.

      2.  For the purposes of this section, a person shall be deemed an indigent person and unable to pay for hospital care furnished to him if it appears that, upon diligent search and inquiry, neither he nor any other person responsible for his support can be found for service of process or that, if an action were brought and judgment secured against him, or against any person responsible for his support, for the amount of the unpaid charges, execution on the judgment would be unavailing.

      Sec. 10.  1.  If the hospital receives a certification that the person is an indigent person and it has complied with the procedures for collection established by the board of trustees of the fund, it may apply to the board for reimbursement or partial reimbursement of the unpaid charges in excess of $1,000 for hospital care furnished to him.

      2.  The application must be in such form and contain such information as the board requires.

      3.  If such an indigent patient is transferred, within 3 days after his first admission, from one hospital to another, both hospitals are entitled to reimbursement in full for their unpaid charges.

      Sec. 11.  1.  The board shall review the application and approve or disapprove reimbursement of all or part of the unpaid charges, in excess of $1,000. If reimbursement or partial reimbursement is approved, payment to the hospital must be made from the fund, to the extent money is available in the fund for this purpose, and the hospital must reimburse pro rata any private physician whose charges were included in the application.

      2.  Upon payment to the hospital:


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

ê1983 Statutes of Nevada, Page 1941 (Chapter 602, AB 218)ê

 

      (a) The board is subrogated to the right of the hospital or physician to recover the unpaid charges from the patient or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid in excess of $1,000, and may maintain an independent action therefor; and

      (b) The board has a lien upon the proceeds of any recovery by the hospital or physician from the patient or other person responsible for his support, to the extent of the reimbursement or partial reimbursement paid in excess of $1,000.

      Sec. 12.  Any reimbursement or partial reimbursement made from the fund for unpaid charges for hospital care furnished to a person which are greater than $1,000, but not greater than $4,000, is a charge upon the county in which:

      1.  The accident occurred, if the person is not a resident of this state; or

      2.  The person resides, if the person is a resident of this state,

and must be paid upon a claim presented by the board as other claims against the county are paid.

      Sec. 13. (Deleted by amendment.)

      Sec. 14.  1.  The fund for hospital care to indigent persons is hereby created for the purposes described in sections 2 to 17, inclusive, of this act.

      2.  All money collected or recovered pursuant to sections 2 to 17, inclusive, of this act, and the interest earned on the money in the fund must be deposited for credit to the fund. Claims against the fund must be paid on claims approved by the board.

      Sec. 15.  1.  The fund must be administered by a board of trustees composed of five county commissioners appointed by the governor from a list of ten nominees submitted by the board of directors of the Nevada Association of Counties.

      2.  Each member of the board of trustees shall serve a term of 1 year or until his successor has been appointed and has qualified.

      3.  The position of a member of the board of trustees shall be considered vacated upon his loss of any of the qualifications required for his appointment and in that event the governor shall appoint a successor from a list of two nominees submitted by the board of directors of the Nevada Association of Counties.

      Sec. 16.  The board shall administer the fund and for that purpose may:

      1.  Enter into all necessary contracts and agreements.

      2.  Purchase appropriate insurance to cover that portion of a claim for which the fund is liable and which exceeds an amount agreed upon by the board and the insurer.

      3.  Employ personnel as necessary and prescribe their compensation and working conditions.

      4.  Enter into agreements with the department of administration to obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.


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

ê1983 Statutes of Nevada, Page 1942 (Chapter 602, AB 218)ê

 

obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.

      5.  Rent, lease, purchase or otherwise procure or receive real or personal property.

      6.  Adopt regulations necessary for carrying out the provisions of sections 2 to 17, inclusive, of this act.

      Sec. 17.  1.  For the fiscal year beginning on July 1, 1983, the board of county commissioners of each county shall levy an ad valorem tax of three-quarters of one cent on each $100 of assessed valuation upon all taxable property in the county.

      2.  For the fiscal years beginning on and after July 1, 1984, the board of county commissioners of each county shall levy an ad valorem tax at a rate which must be calculated by:

      (a) First multiplying the tax rate established in subsection 1 by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.

      (b) Then subtracting the amount of unencumbered money in the fund on May 1 of the current fiscal year.

      (c) Then setting the rate so that the revenue from the tax does not exceed the amount resulting from the calculations made in paragraphs (a) and (b).

      3.  The tax so levied, and its proceeds, must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

      4.  The proceeds of this tax must be remitted monthly to the state treasurer for credit to the fund for hospital care to indigent persons.

      Sec. 18.  NRS 428.090 is hereby amended to read as follows:

      428.090  1.  When any nonresident or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners falls sick in the county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of funds which may be lawfully appropriated for this purpose pursuant to NRS 428.050.

      2.  If the sick person dies, the board of county commissioners shall give or order to be given to the person a decent burial [.] or cremation.

      3.  The board of county commissioners shall make such allowance for the person’s board, nursing, medical aid , [or] burial [expenses] or cremation as the board deems just and equitable, and order it paid out of the county treasury.

      4.  The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section is relieved to the extent of the amount of money or the value of services provided by [the] :

 


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

ê1983 Statutes of Nevada, Page 1943 (Chapter 602, AB 218)ê

 

relieved to the extent of the amount of money or the value of services provided by [the] :

      (a) The welfare division of the department of human resources to or for such persons for medical care or any type of remedial care under the state plan for assistance to the medically indigent [.] ; and

      (b) The fund for hospital care to indigent persons under the provisions of sections 2 to 17, inclusive, of this act.

      Sec. 19.  NRS 450.400 is hereby amended to read as follows:

      450.400  1.  When the privileges and use of the hospital are extended to a resident of another county who is entitled under the laws of this state to relief, support, care, nursing, medicine, medical or surgical aid from [such] the other county, or to one who is injured, maimed or falls sick in [such] the other county, the governing head shall immediately notify the board of county commissioners of [such] that county.

      2.  The notice [shall] must be in writing and addressed to the board of county commissioners of [such] that county.

      3.  [The] Except in the case of an injury suffered in a motor vehicle accident, the board of county commissioners receiving the notice shall cause [such] the person to be removed immediately to that county, and shall pay a reasonable sum to the hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished [such person.] to him.

      4.  If the board of county commissioners [shall neglect or refuse] neglects or refuses to remove [such] the person, or if in the opinion of the attending physician it is not advisable to remove [such] the person, the governing head [shall have] has a legal claim against the county for all charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover [the same] those charges in a suit at law.

      Sec. 20.  NRS 450.420 is hereby amended to read as follows:

      450.420  1.  The board of county commissioners of the county in which a public hospital is located [shall have power to] may determine whether or not patients presented to the public hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.

      2.  The board of hospital trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the charges, as the board may deem just and proper. The board of hospital trustees may impose an interest charge of not more than 6 percent per annum on the accounts of those persons able to pay which have been delinquent for more than 2 months after the date of the first billing. The receipts [shall] must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.


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

ê1983 Statutes of Nevada, Page 1944 (Chapter 602, AB 218)ê

 

board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.

      3.  [The] Except as provided in subsection 4, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and followup inpatient care required for any such person as determined by the board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected [shall] must be reimbursed or credited to the county.

      4.  The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to sections 2 to 17, inclusive, of this act.

      Sec. 21.  Section 11 of Senate Bill No. 112 of this session is hereby amended to read as follows:

       Sec. 11.  1.  This section, section 10 and subsection 2 of section 9 of this act shall become effective upon passage and approval.

       2.  Section 8 of this act shall become effective at 12:01 a.m. on July 1, 1983.

      Sec. 22.  This section, sections 14 to 17, inclusive, and section 21 of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 603, AB 367

Assembly Bill No. 367–Committee on Transportation

CHAPTER 603

AN ACT relating to public transportation; exempting buses used for certain public transportation from special fuel and privilege taxes; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 366.200 is hereby amended to read as follows:

      366.200  1.  The sale or use of special fuel for any purpose other than to propel a motor vehicle upon the public highways of Nevada [shall be] is exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection [shall apply] applies only in those cases where the purchasers or the users of special fuel [shall] establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to propel a motor vehicle upon the public highways of Nevada.


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

ê1983 Statutes of Nevada, Page 1945 (Chapter 603, AB 367)ê

 

      2.  Sales made to the United States Government or any instrumentality thereof [shall be] are exempt from the tax imposed by this chapter.

      3.  Sales made to any state, county, municipality, district or other political subdivision thereof [shall be] are exempt from the tax imposed by this chapter.

      4.  Sales made to any person to be used to propel a bus which is a part of a system which:

      (a) Operates buses on regular routes and fixed schedules in an urban area;

      (b) Transports persons who pay the established fare; and

      (c) Uses public money to operate the system or acquire new equipment,

are exempted from the tax imposed by this chapter.

      Sec. 2.  NRS 371.100 is hereby amended to read as follows:

      371.100  1.  The privilege tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada, or to vehicles for whose operation money is provided by the state or Federal Government and which are operated solely for the transportation of or furnishing services to elderly or handicapped persons, or to the emergency vehicles owned by any volunteer fire department or volunteer ambulance service based in this state.

      2.  Any vehicle which ceases to be used exclusively for the purpose for which it is exempted from the privilege tax by this section becomes immediately subject to that tax.

      3.  [Vehicles] Except as otherwise provided in subsection 4, vehicles exempted from the privilege tax by this section which are leased, loaned or otherwise made available to and used by a private [individual,] person, association or corporation in connection with a business conducted for profit are subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.

      4.  Vehicles which are used by a private person, in connection with a system of buses which:

      (a) Operates on regular routes and fixed schedules in an urban area;

      (b) Transports persons who pay the established fare; and

      (c) Uses public money to operate the system or acquire new equipment,

are exempted from the privilege tax imposed by this chapter.

 

________

 


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

ê1983 Statutes of Nevada, Page 1946ê

 

CHAPTER 604, AB 371

Assembly Bill No. 371–Committee on Taxation

CHAPTER 604

AN ACT relating to public revenue; imposing a tax on soft drinks; increasing the property tax levied for the support of the public schools and levying a state tax on property; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Retail dealer” means any person, other than a wholesale dealer, who:

      1.  Mixes, makes, compounds or manufactures from a syrup or powder any soft drink for sale at retail; or

      2.  Sells soft drinks, or syrups and powders used to make soft drinks, for any purpose other than resale in the regular course of business.

      Sec. 4.  “Sale” means any transfer, exchange, barter, gift, offer for sale, or distribution for consideration of soft drinks or syrups and powders used to make soft drinks.

      Sec. 5.  1.  “Soft drink” means any nonalcoholic beverage, whether or not carbonated, manufactured with or without the use of any syrup.

      2.  The term does not include:

      (a) Milk in any form.

      (b) Any formula used to replace milk in the feeding of infants.

      (c) Coffee or tea.

      (d) Plain water.

      (e) Natural undiluted fruit juice or vegetable juice, which is the liquid resulting from the pressing of natural fruit or vegetables with or without the addition of artificial or natural sugar, or the liquid resulting from the reconstitution of a concentrate of natural fruit or vegetable juice by the restoration of water to dehydrated natural fruit juice or vegetable juice with or without the addition of artificial or natural sugar.

      Sec. 6.  “Syrup or powder used to make soft drinks” includes the compound mixture or the basic ingredients, whether dry or liquid, domestically and commercially usable in making soft drinks by mixing or compounding it with carbonated or plain water, ice, fruit, milk or any other product suitable to make a soft drink.

 


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ê1983 Statutes of Nevada, Page 1947 (Chapter 604, AB 371)ê

 

      Sec. 7.  “Wholesale dealer” means any person who sells any soft drink, or syrup or powder used to make soft drinks, to retail dealers for the purpose of resale.

      Sec. 8.  “Wholesale price” means the established price for which a wholesale dealer sells soft drinks, or syrups and powders used to make soft drinks, to a retail dealer before any discount or other reduction is made.

      Sec. 9.  1.  There is hereby imposed upon the privilege of importing for sale at retail or selling at wholesale soft drinks, and syrups and powders used to make soft drinks, in this state, a tax of 5 percent of the wholesale price of those commodities.

      2.  The provisions of subsection 1 do not apply to those commodities which are shipped out of the state for sale and use outside the state.

      3.  This tax must be paid by the wholesale dealer upon his sales of such commodities to retail dealers. The tax is due on or before the last day of the first month of each calendar quarter for sales during the preceding quarter. The wholesale dealer is entitled to retain 3 percent of the taxes collected to cover the costs of collecting and administering the taxes.

      4.  Any wholesale dealer who sells any such commodities without paying the tax provided for by this section is guilty of a misdemeanor. Any retail dealer who imports any such commodities from a person not licensed as a wholesale dealer is guilty of a misdemeanor.

      Sec. 10.  1.  Every person who desires to sell soft drinks, or syrups or powders used to make soft drinks, to any retail dealer in this state must obtain a wholesale dealer’s license from the department and shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this chapter. Except as otherwise provided in subsection 3, each bond must be in a principal sum equal to the greatest excise tax paid by the dealer in any quarter of the preceding year, or if such a standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. In no case may a bond be for an amount less than $1,000. When cash or a certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100.

      2.  The bond or undertaking must be one acceptable to and approved by the department, and a deposit of cash or negotiable bonds of the United States Government may be accepted in lieu of an undertaking. The department shall deposit all such government bonds and cash deposits with the state treasurer as custodian thereof.

      3.  Upon application and a satisfactory showing therefor, the department may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of taxable sales made by the dealer. The department may waive the requirement of a bond pursuant to this section whenever a licensed dealer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.

 


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

ê1983 Statutes of Nevada, Page 1948 (Chapter 604, AB 371)ê

 

maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.

      Sec. 11.  If the tax imposed by this chapter is not paid when due there must be added thereto a penalty of 5 percent, together with interest thereon at the rate of 1 percent per month, or any fraction thereof, from the date due until paid. The department may, for good cause, extend for not more than 15 days after the due date the time for paying the tax if a request for such an extension of time is received by the department on or before the due date. If such extension is granted, interest accrues from the original due date.

      Sec. 12.  1.  Every wholesale dealer must keep at his place of business complete and accurate records for that place of business, including copies of all invoices of soft drinks, and syrups and powders used to make soft drinks, which he holds, purchases and delivers or sells in this state. All records must be preserved for at least 3 years after the date of purchase or after the date of the last entry made on the record.

      2.  Every retail dealer shall keep at his place of business complete and accurate records for that place of business, including copies of all itemized invoices or purchases of such commodities purchased and delivered from wholesale dealers. The invoices must show the name and address of the wholesale dealer and the date of the purchase. All records must be preserved for 3 years after the date of the purchase.

      Sec. 13.  1.  The department shall allow a credit of 30 percent of the tax imposed pursuant to section 9 of this act, less a discount of 3 percent for the services rendered in collecting the tax, for soft drinks, or syrups and powders used to make soft drinks, which may no longer be sold. If such commodities have been purchased and delivered, a manufacturer’s credit memorandum is required for proof of returned merchandise.

      2.  A credit must also be granted for such commodities shipped from the State of Nevada and destined for retail sale and consumption outside the state on which the tax has previously been paid. A duplicate or copy of the invoice is required for proof of the sale outside the state.

      3.  A wholesale dealer may claim a credit by filing with the department the proof required by this section. The claim must be made on a form prescribed by the department.

      Sec. 14.  1.  All amounts of tax required to be paid to the state pursuant to sections 2 to 14, inclusive, of this act, must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit these payments with the state treasurer for credit to the account for the tax on soft drinks in the state general fund.

      Sec. 14.3.  NRS 370.170 is hereby amended to read as follows:

      370.170  Except as otherwise provided in this chapter, it is unlawful for any person to give, sell or offer to give or sell any cigarettes in this state unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the department in the following denominations: On packages containing 20 cigarettes or less, [15] 10 cents per package; and on packages containing over 20 cigarettes, [15] 10 cents additional for each 20 cigarettes or fraction thereof contained in any such package.

 


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

ê1983 Statutes of Nevada, Page 1949 (Chapter 604, AB 371)ê

 

state unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the department in the following denominations: On packages containing 20 cigarettes or less, [15] 10 cents per package; and on packages containing over 20 cigarettes, [15] 10 cents additional for each 20 cigarettes or fraction thereof contained in any such package.

      Sec. 14.5.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

      (a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.

      (b) [From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to:

             (1) Five cents per package, on packages containing 20 cigarettes or less; and

             (2) Five cents additional for each 20 cigarettes or fraction thereof contained in any package containing over 20 cigarettes,

to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.

      (c)] Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.

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

      3.  The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:

      (a) In counties having a population of 5,000 or more:

             (1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.

             (3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.

 


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

ê1983 Statutes of Nevada, Page 1950 (Chapter 604, AB 371)ê

 

the entire amount must be apportioned among the cities in proportion to their respective populations.

      (b) In counties having a population of less than 5,000:

             (1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.

             (2) If there is one incorporated city or one unincorporated town within the county the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.

             (3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.

      (c) In Carson City the entire amount must go into the city treasury.

      4.  For the purposes of this section, “unincorporated town” means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

      Sec. 14.7.  NRS 370.350 is hereby amended to read as follows:

      370.350  1.  Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.

      2.  The amount of the use tax is as follows: On packages containing 20 cigarettes or less, [15] 10 cents per package; and on packages containing over 20 cigarettes, [15] 10 cents additional for each 20 cigarettes or fraction thereof contained in any such package.

      3.  The use tax does not apply where:

      (a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.

      (b) Tax exemption is provided for in this chapter.

      Sec. 15.  NRS 387.1235 is hereby amended to read as follows:

      387.1235  Local funds available are the sum of:

      1.  The amount computed by multiplying .0025 times the assessed valuation of the school district as certified by the department of taxation for the concurrent school year; and

      2.  The proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of these proceeds to the superintendent of public instruction on or before July 15 for the fiscal year then begun, and the superintendent shall adjust the final apportionment of the current school year to reflect any difference between the estimate and actual receipts.

      Sec. 16.  NRS 387.195 is hereby amended to read as follows:

      387.195  1.  Each board of county commissioners shall levy a tax of [50] 75 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district.

      2.  In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.


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

ê1983 Statutes of Nevada, Page 1951 (Chapter 604, AB 371)ê

 

of interest and redemption of outstanding bonds of the county school district.

      Sec. 17.  1.  For the fiscal year commencing July 1, 1983, and ending June 30, 1984, an ad valorem tax of 5 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.

      2.  For the fiscal year commencing July 1, 1984, and ending June 30, 1985, an ad valorem tax of 5 cents on each $100 of assessed valuation of taxable property, or such lesser rate as may be fixed by the state board of examiners pursuant to section 21 of this act, is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.

      3.  The proceeds of the tax levied by subsections 1 and 2 is hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to the extent necessary to discharge the obligations of the State of Nevada for payment of interest on and principal of its bonds as they are respectively due in that fiscal year. Any remainder of the proceeds must be deposited, unrestricted, in the state general fund.

      Sec. 18.  Chapter 293, Statutes of Nevada 1983, is hereby amended by adding thereto a new section, designated as section 29.5, following section 29, to read as follows:

       Sec. 29.5.  1.  The net premiums and net considerations taxable pursuant to NRS 680B.030 before its amendment by section 26 of chapter 293, Statutes of Nevada 1983, which were received on or after January 1 but before July 1, 1983, must be reported on or before September 30, 1983. The tax thereon, at the rate of 2 percent, must be paid with that report.

       2.  The first report pursuant to NRS 680B.030 as amended, due March 30, 1984, must show income derived from premiums on or after July 1, 1983, but before January 1, 1984. Any estimated payment based on a quarterly report pursuant to paragraph (b) of subsection 1 of section 19 of chapter 293, Statutes of Nevada 1983, must be calculated by applying to net premiums and next considerations of the preceding calendar year the rate applicable to the current quarter.

      Sec. 19.  Section 14 of chapter 187, Statutes of Nevada 1983, is hereby amended to read as follows:

       374.190  1.  An excise tax is hereby imposed on the storage, use or other consumption in a county of tangible personal property purchased from any retailer for storage, use or other consumption in the county at the rate of 1.5 percent of the sales price of the property.

       2.  The tax is imposed on all property which was acquired out of state in a transaction which would have been a taxable sale if it had occurred within this state.


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ê1983 Statutes of Nevada, Page 1952 (Chapter 604, AB 371)ê

 

      Sec. 20.  Sections 1 to 7.5, inclusive, of chapter 293, Statutes of Nevada 1983, are hereby repealed.

      Sec. 21.  On or before May 23, 1984, the state board of examiners shall project the unappropriated balance of the state general fund as of July 1, 1984, using all relevant information known to it. The board shall then fix the rate of tax levied pursuant to subsection 2 of section 17 of this act thus:

                       Projected balance                                             Rate in cents per

       At least                                 But less than             $100 of assessed valuation

$41,000,000                               $44,000,000                                 4 cents

   44,000,000                                 47,000,000                                 3 cents

   47,000,000                                          –                                           2 cents

 

      Sec. 22.  1.  The following amounts are hereby contingently appropriated from the respective funds to provide salary increases for the respective groups of employees, for the fiscal year 1984-85, according to the projection by the state board of examiners made pursuant to section 21 of this act:

      (a) If the projected balance is at least $42,000,000 but less than $45,000,000:

             (1) From the state general fund to the state board of examiners for:

Classified employees of the state.......................................................      $469,000

Unclassified employees of the state...................................................          68,000

Classified and professional employees of the University of Nevada                 ............................................................................................. 358,000

             (2) From the state highway fund to the state board of examiners for positions in the department of motor vehicles which are supported from that fund and for deputy attorneys general assigned to that department and to the department of transportation:

Classified employees............................................................................        $60,000

Unclassified employees........................................................................             2,400

             (3) For the state general fund to the legislative fund for employees of the legislative counsel bureau.................................................................................        $15,586

      (b) If the projected balance is at least $45,000,000 but less than $48,000,000:

             (1) From the state general fund to the state board of examiners for:

Classified employees of the state.......................................................      $938,000

Unclassified employees of the state...................................................        136,000

Classified and professional employees of the University of Nevada                 ............................................................................................. 716,000

             (2) From the state highway fund to the state board of examiners for positions in the department of motor vehicles which are supported from that fund and for deputy attorneys general assigned to that department and to the department of transportation:

Classified employees............................................................................      $120,000 Unclassified employees..........................................       $4,800

 


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ê1983 Statutes of Nevada, Page 1953 (Chapter 604, AB 371)ê

 

Unclassified employees........................................................................          $4,800

             (3) For the state general fund to the legislative fund for employees of the legislative counsel bureau.................................................................................        $31,171

      (c) If the projected balance is at least $48,000,000:

             (1) From the state general fund to the state board of examiners for:

Classified employees of the state....................................................... $1,407,000

Unclassified employees of the state...................................................        204,000

Classified and professional employees of the University of Nevada                 ......................................................................................... 1,074,000

             (2) From the state highway fund to the state board of examiners for positions in the department of motor vehicles which are supported from that fund and for deputy attorneys general assigned to that department and to the department of transportation:

Classified employees............................................................................      $180,000

Unclassified employees........................................................................             7,200

             (3) For the state general fund to the legislative fund for employees of the legislative counsel bureau.................................................................................        $46,758

      2.  The state board of examiners shall allocate the appropriations, made to it if any, among the respective departments, commissions and agencies of the state in such proportion as to enable each to pay to its classified, professional and unclassified employees, except any whose salaries have been retained, the percentage of increase, if any, in their respective salaries specified in the applicable line of the preceding tables.

      3.  For the purpose of this allocation, the employees of the judicial department shall be deemed unclassified.

      4.  If the total appropriations are not sufficient to provide the specified increase, the appropriations must be prorated and the increase reduced proportionately.

      Sec. 23.  1.  The following amounts are hereby contingently appropriated as an additional appropriation to the state distributive school fund, for the fiscal year 1984-85, beyond that provided by Senate Bill No. 479 of this session, according to the projection by the state board of examiners made pursuant to section 21 of this act:

 

                       Projected balance

       At least                                 But less than                                     Appropriation

 

$43,000,000                               $46,000,000                                       $1,000,000

   46,000,000                                 49,000,000                                          2,000,000

   49,000,000                                            –                                                  3,000,000

 

      2.  This additional appropriation, if any, must be apportioned in the same proportions per pupil as exist among the basic support guarantees per pupil expressed in Senate Bill No. 479.

      Sec. 24.  1.  This section and section 19 of this act shall become effective upon passage and approval.

 


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

ê1983 Statutes of Nevada, Page 1954 (Chapter 604, AB 371)ê

 

      2.  Sections 14.3, 14.5, 14.7 and 20 of this act shall become effective on July 1, 1985.

      3.  The remaining sections of this act shall become effective on July 1, 1983.

      4.  Sections 1 to 14, inclusive, of this act expire by limitation on July 1, 1985.

 

________

 

 

CHAPTER 605, SB 466

Senate Bill No. 466–Committee on Commerce and Labor

CHAPTER 605

AN ACT relating to unemployment compensation; authorizing a limited amount of employees’ tips to be included in wages; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  An employee who receives a wage of less than $10,200 computed on an annual basis and who receives tips may declare those tips as wages for determining benefits until the aggregate amount of his tips and wages computed on an annual basis reaches $10,200. The employer of an employee who makes such a declaration shall for the purposes of the calculation of contributions and benefits:

      (a) Make a copy of each report which the employee has filed with the employer to report the amount of his tips to the United States Internal Revenue Service;

      (b) Stamp or attach to the copy a declaration to be signed by the employee under penalty of perjury which states that the contents of the report are true;

      (c) Require the employee to sign the declaration;

      (d) Submit the copy to the department; and

      (e) Pay the department the contribution for the reported tips at the same rate as he pays on regular wages.

      2.  The executive director shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.

      3.  The department shall accept the reports and payments required by subsection 1 and credit the employee with the additional amount of wages as limited by subsection 1.

      Sec. 2.  NRS 612.190 is hereby amended to read as follows:

      612.190  1.  “Wages” means : [all]

 


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

ê1983 Statutes of Nevada, Page 1955 (Chapter 605, SB 466)ê

 

      (a) All remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash [.] ; and

      (b) Income from tips reported for an employee pursuant to section 1 of this act, for which the employer has paid the required contributions. The reasonable case value of remuneration payable in any medium other than cash [shall] must be estimated and determined in accordance with [rules prescribed] regulations adopted by the executive director. [For the purpose of a determination of] To determine insured status only, back-pay awards [shall] must be allocated to the quarters with respect to which they were paid.

      2.  “Wages” does not include:

      (a) The amount of any payment made (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) to or on behalf of a person or any of his dependents under a plan or system established by an employing unit which makes provision generally for persons performing service for it (or for those persons generally and their dependents), or for a class or classes of those persons (or for a class or classes of those persons and their dependents), on account of:

             (1) Retirement;

             (2) Sickness or accident disability;

             (3) Medical or hospitalization expenses in connection with sickness or accident disability; or

             (4) Death.

      (b) The amount of any payment made by an employing unit to a person performing service for it (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement.

      (c) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability by an employing unit to or on behalf of a person performing services for it after the expiration of 6 calendar months following the last calendar month in which the person performed services for the employing unit.

      (d) The amount of any payment made by an employing unit to or on behalf of a person performing services for it or his beneficiary:

             (1) From or to a trust described in Section 401(a) which is exempt from tax under Section 501(a) of the Internal Revenue Code of 1954 at the time of the payment unless the payment is made to a person performing services for the trust as remuneration for his services and not as a beneficiary of the trust; or

             (2) Under or to an annuity plan which, at the time of the payment, meets the requirements of Section 401(a)(3), (4), (5) and (6) of the Internal Revenue Code of 1954.

      (e) The payment by an employing unit, without deduction from the remuneration of the person in its employ, of the tax imposed upon a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed for the employing unit.

 


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

ê1983 Statutes of Nevada, Page 1956 (Chapter 605, SB 466)ê

 

remuneration of the person in its employ, of the tax imposed upon a person in its employ, under Section 3101 of the Internal Revenue Code of 1954 with respect to services performed for the employing unit.

      (f) Remuneration paid in any medium other than cash to any person who performs agricultural labor or to a person for service not in the course of the employing unit’s trade or business.

      (g) The amount of any payment (other than vacation or sick pay) made to a person after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which the payment is made.

      Sec. 3.  NRS 612.340 is hereby amended to read as follows:

      612.340  1.  [An individual’s basic weekly benefit amount for any benefit year commencing on or after April 27, 1969, and prior to July 4, 1971, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest but not more than $47 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.

      2.  An individual’s] A person’s weekly benefit amount [, for any benefit year commencing on or after July 4, 1971, shall be] is an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not less than $16 per week, nor more than the maximum weekly benefit amount determined as follows: On or before the 1st day of July of each year , [commencing with 1971,] the total wages reported for the preceding calendar year by employers subject to the provisions of this chapter [shall] must be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in [such] that year. The average annual wage thus obtained [shall] must be divided by 52 and the average weekly wage thus determined [shall] must be rounded to the nearest cent. Fifty percent of [such] that average weekly wage, rounded to the nearest higher multiple of $1, if not a multiple of $1, [shall constitute] constitutes the maximum weekly benefit amount. In making this calculation, any tips which were included in reported wages must be excluded.

      [3.  Such] 2.  The maximum weekly benefit amount as determined on or before July 1 of each year [shall] must be paid to [individuals] persons whose benefit year commences on or after July 1 of [such] that year and [prior to] before July 1 of the following year.

      Sec. 4.  This act shall become effective on January 1, 1984.

 

________

 

 


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ê1983 Statutes of Nevada, Page 1957ê

 

CHAPTER 606, SB 474

Senate Bill No. 474–Committee on Finance

CHAPTER 606

AN ACT relating to group insurance for public employees; increasing the amounts payable by the state for group insurance for the retired employees of the state; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The personnel division of the department of general services shall pay $24.84 per month for the fiscal year 1983-1984 and $29.81 per month for the fiscal year 1984-1985 toward the cost of the premiums of group insurance for retired employees of the state.

 

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CHAPTER 607, AB 577

Assembly Bill No. 577–Committee on Judiciary

CHAPTER 607

AN ACT relating to compensation for victims of crime; eliminating the minimum hourly wage for a compensation officer; increasing the compensation awarded to those victims; providing for the closure of certain claims; providing for the payment of the expenses of the hearings division of the department of administration; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.090 is hereby amended to read as follows:

      217.090  1.  The board may appoint one or more compensation officers, who must have had responsible and successful administrative experience. Each compensation officer is entitled to receive [wages of $50 per] a wage of not more than $50 as determined by contract for each hour spent in performing his duties, but not more than $250 per case, and is entitled to a subsistence allowance and reimbursement for travel expenses as provided for state officers and employees.

      2.  A compensation officer shall:

      (a) Conduct an investigation to determine the eligibility of the applicant for aid, including but not limited to:

             (1) Compiling bills from physicians who have treated the victim for his injury;

             (2) Obtaining from the victim a signed affidavit indicating the amount of any wages allegedly lost because of the injury;

             (3) Reviewing reports of peace officers and statements of witnesses; and

             (4) Determining the availability to the applicant of any insurance benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.

 


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

ê1983 Statutes of Nevada, Page 1958 (Chapter 607, AB 577)ê

 

benefits or other source from which the applicant is eligible to be compensated on account of his injuries or the death of the victim.

      (b) After completing his investigation, make a report and recommendation to the hearing officer.

      3.  If an attorney admitted to practice law in this state has been appointed as a compensation officer, he shall not represent or otherwise assist a claimant for compensation with any matter relating to the circumstances which have resulted or may result, directly or indirectly, in a claim.

      Sec. 2.  NRS 217.200 is hereby amended to read as follows:

      217.200  1.  The hearing officer may order the payment of compensation and the award of a governor’s certificate for meritorious citizen’s service to a victim as defined in NRS 217.070 for:

      (a) Medical expenses, expenses for psychological counseling and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;

      (b) Loss of earnings or support not to exceed [$150] $200 per week and reasonably incurred as a result of the total or partial incapacity of the victim;

      (c) Pecuniary loss to the dependents of a deceased victim;

      (d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and

      (e) Any other loss which results from the personal injury or death of the victim and which the hearing officer determines to be reasonable.

      2.  The hearing officer may order that an emergency award be made to the victim to avoid financial hardship. The hearing officer may order that the amount of the emergency award be deducted from the final award, or if the emergency award exceeds the amount finally awarded to the victim, that the victim repay the difference between the two awards. An award of compensation including any emergency award ordered to be paid in advance to assist the victim, may be made subject to such terms and conditions as the hearing officer considers necessary or advisable with respect to payment, disposition, allotment or apportionment of the award.

      3.  No award may be made for less than $100 or for more than [$5,000] $15,000 except in the case of a minor who was involved in the production of pornography.

      Sec. 3.  NRS 217.210 is hereby amended to read as follows:

      217.210  1.  No order for the payment of compensation may be made unless the application is made within 1 year after the date of the personal injury or death on which the claim is based, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

 


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

ê1983 Statutes of Nevada, Page 1959 (Chapter 607, AB 577)ê

 

      2.  A claim with respect to which information has been requested from a claimant by the compensation officer or hearing officer remains open for 1 year after the request is made. If a claimant does not submit the requested information within 1 year after the request is made, the claim must be denied.

      Sec. 4.  NRS 217.260 is hereby amended to read as follows:

      217.260  1.  Money for payment of compensation as ordered by the board and for payment of salaries and other expenses incurred by the hearings division of the department of administration pursuant to NRS 217.010 to 217.270, inclusive, must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.

      2.  Money deposited in the fund which is recovered from a forfeiture of assets pursuant to section 7 of Assembly Bill No. 189 of this session must be used for the counseling and medical treatment of minors who are involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of Assembly Bill No. 189 of this session.

      3.  If on June 30 of any year the fund contains more than $350,000, excluding any money deposited which is recovered from a forfeiture of assets pursuant to section 7 of Assembly Bill No. 189 of this session, the state treasurer shall distribute the excess to the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.

      Sec. 5.  Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

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CHAPTER 608, SB 168

Senate Bill No. 168–Senators Wagner, Horn and Mello

CHAPTER 608

AN ACT relating to the construction of state buildings; making various changes regarding the state public works board and its employees; requiring the state public works board to consult with the interim finance committee; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 341.020 is hereby amended to read as follows:

      341.020  The state public works board, consisting of [10] the chief of the budget division of the department of administration and nine members to be appointed by the governor, is hereby created.

 


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

ê1983 Statutes of Nevada, Page 1960 (Chapter 608, SB 168)ê

 

members to be appointed by the governor, is hereby created. [The state planning coordinator shall be appointed as one of the 10 members, and the chief of the budget division of the department of administration is ex officio a member of the state public works board.]

      Sec. 2.  NRS 341.060 is hereby amended to read as follows:

      341.060  Within a reasonable time after the appointment of the members of the board, the board shall meet upon the call of the governor and shall organize by [:

      1.  Electing] electing a chairman [.

      2.  Selecting a secretary, who need not be a member of the board.] and vice chairman.

      Sec. 3.  NRS 341.100 is hereby amended to read as follows:

      341.100  1.  The board may appoint a manager [and technical supervisor,] and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.

      2.  The manager [and technical supervisor of the board] and his deputy are in the unclassified service of the state.

      3.  The manager [and technical supervisor of the board] and his deputy:

      (a) Must each be a registered professional engineer pursuant to the provisions of chapter 625 of NRS or an architect licensed under the provisions of chapter 623 of NRS; and

      (b) Shall each devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      4.  The manager shall serve as the secretary of the board.

      Sec. 4.  NRS 341.150 is hereby amended to read as follows:

      341.150  1.  The state public works board shall furnish engineering and architectural services to the University of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except:

      (a) [Highway maintenance buildings; and] Buildings used in maintaining highways; and

      (b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources.

The board of regents of the University of Nevada and all other such departments, boards or commissions shall use those services.

      2.  The services must consist of:

      (a) Preliminary planning [.] ;

      (b) Designing [.] ;

      (c) Estimating the costs [.] ; and

      (d) Preparation of detailed plans and specifications.

      3.  The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project.

 


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

ê1983 Statutes of Nevada, Page 1961 (Chapter 608, SB 168)ê

 

the approval of the legislature by concurrent resolution when the legislature is in regular or special session, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The board may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the legislature.

      [3.]4.  The board:

      (a) [Has] After consulting with the interim finance committee, has final authority for approval as to the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      (b) Shall solicit bids for and let all contracts for new construction or major repairs.

      (c) May negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:

             (1) The bid is less than the appropriation made by the legislature for that building project; and

             (2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.

      (d) May reject any or all bids.

      (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the legislature.

      (f) May authorize change orders, before or during construction:

             (1) In any amount, where the change represents a reduction in the awarded contract price.

             (2) Not to exceed in the aggregate 10 percent of the total awarded contract price, where the change represents an increase in that price.

      (g) Has final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.

      (h) Shall establish such funds for projects of capital construction as are necessary to account for the program of capital construction approved by the legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the board.

 


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

ê1983 Statutes of Nevada, Page 1962 (Chapter 608, SB 168)ê

 

      Sec. 5.  NRS 218.6825 is hereby amended to read as follows:

      218.6825  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.

      2.  If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      3.  The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.

      4.  During a regular session the interim finance committee may also perform the duties imposed on it by paragraph (a) of subsection 4 of NRS 341.150, and by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.

      5.  The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      6.  A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.

      7.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      8.  Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law.

 


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ê1983 Statutes of Nevada, Page 1963 (Chapter 608, SB 168)ê

 

regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided by law. All such compensation must be paid from the contingency fund in the state treasury.

 

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CHAPTER 609, AB 557

Assembly Bill No. 557–Assemblymen Coffin, Sedway, Bremner, Thompson, Zimmer, Berkley, Swain, Ham, Kovacs, Vergiels, Perry, Dini, Marvel, Chaney, Humke, Stewart, Jeffrey, Malone, Fay, Francis, May, Craddock, Price, Schofield and Brady

CHAPTER 609

AN ACT relating to assistance for victims of rape; requiring certain counties to appropriate a percentage of the fees from marriage licenses to organizations which aid victims of rape; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.410 is hereby amended to read as follows:

      217.410  Each board of county commissioners shall:

      1.  Create an advisory board on domestic violence or designate an existing county board which advises on welfare or other matters relating to social services to serve ex officio as the advisory board. Such a board must consist of not less than three nor more than seven members. If the board of county commissioners:

      (a) Creates an advisory board, it shall appoint as members:

             (1) At least one member who is a representative of the county or district health department or of a rural mental health center of the division; and

             (2) As its other members, persons who are familiar with the problems associated with domestic violence, such as former victims of domestic violence, representatives of organizations which assist such victims, attorneys experienced in domestic relations, social workers, counselors, teachers and ministers.

      (b) Designates an existing board to serve ex officio as the advisory board, at least one of the members of that board must be familiar with the problems of domestic violence.

      2.  Establish within the county treasury an enterprise fund known as the fund for assistance to victims of domestic violence.

      3.  After consultation with the advisory board:

      (a) Award grants of money from that fund, on an annual basis, to eligible organizations which perform services within the county for victims of domestic violence; or

 


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ê1983 Statutes of Nevada, Page 1964 (Chapter 609, AB 557)ê

 

      (b) Release money from that fund to the board of county commissioners of any other county pursuant to an interlocal agreement whereby services are made available to residents of the contributing county who are victims of domestic violence.

      4.  In counties having a population of 250,000 or more, upon the approval of the administrator of the division, appropriate 15 percent of all money which is credited to the account for aid for victims of domestic violence to an organization in the county which has been specifically created to assist victims of rape. The administrator of the division has the final authority in determining whether an organization may receive money appropriated pursuant to this subsection. Any organization which receives money pursuant to this subsection shall furnish reports to the board in the manner required by NRS 217.460. To be eligible for this appropriation, the organization must receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with this requirement.

 

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CHAPTER 610, AB 233

Assembly Bill No. 233–Committee on Taxation

CHAPTER 610

AN ACT relating to property taxes; revising certain allowances which are available to senior citizens for the payment of property tax; and providing other matters properly relating thereto.

 

[Approved May 29, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section. 1.  NRS 361.833 is hereby amended to read as follows:

      361.833  1.  A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned and maintained as his primary residence the home for at least 6 months immediately preceding the filing of his claim and whose household income is not more than [$12,000] $14,000 is entitled to an allowance against the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:

 

                                                                                                                      PERCENT TAX

    INCOME RANGE                                                                            Percent of Claimant’s

     If the Amount of                                                                                     Property Tax

Applicant’s Household                        But Not                                    Accrued Allowable

      Income Is Over                                  Over                                          as Assistance Is

               $0                      —        [$4,500] $5,000                                      90               

       [4,500]    5,000        —           [7,000]    8,000                                    [75]          80

       [7,000]    8,000        —           10,000                                                    50               

       10,000                      —        [11,000] 12,000                                      25               

     [11,000] 12,000        —        [12,000] 14,000                                      10               


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ê1983 Statutes of Nevada, Page 1965 (Chapter 610, AB 233)ê

 

      2.  The amount of the allowance must not exceed the amount of the accrued property tax paid by the claimant or $500, whichever is less.

      Sec. 2.  NRS 361.835 is hereby amended to read as follows:

      361.835  A senior citizen who has rented and maintained his primary residence in a home or on a mobile home lot for at least 6 months of the preceding calendar year and whose household income is not more than [$12,000] $14,000 is entitled to a refund as determined in accordance with the schedule in NRS 361.833, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax.

      Sec. 3.  Notwithstanding the provisions of NRS 361.838, a person who becomes eligible for an allowance or refund for the fiscal year beginning July 1, 1983, by reason of the act may file a claim for an allowance or refund on or before June 1, 1983. The department shall act upon it as promptly as practicable.

      Sec. 4.  Section 3 of this act shall become effective upon passage and approval.

 

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CHAPTER 611, AB 534

Assembly Bill No. 534–Assemblymen Nicholas, Dini and Bergevin

CHAPTER 611

AN ACT relating to the Tahoe Basin; requiring that a proposal to issue state general obligation bonds for the purchase of land in the Tahoe Basin be submitted to a vote of the people; providing for a commission on land acquisition; providing for administration by the state land registrar if the bonds are approved; and providing other matters properly relating thereto.

 

[Approved May 30, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  At the general election to be held in the State of Nevada in 1984, there shall be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the State of Nevada in an amount of not more than $20,000,000 to be used to purchase privately owned land in the Tahoe Basin to preserve the resources and natural beauty of the area and to protect the state’s interest in retaining those resources and natural beauty. If the proposal is carried, the bonds may be issued at one time or from time to time.

      2.  No more than one-fourth of the proceeds of bonds issued at any one time may be used to control erosion or mitigate or prevent pollution in the Tahoe Basin.

 


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

ê1983 Statutes of Nevada, Page 1966 (Chapter 611, AB 534)ê

 

      Sec. 2.  If the proposal is carried, the commission for land acquisition in the Tahoe Basin, consisting of seven members is created. The members of the commission must be appointed no later than January 1, 1985. The governor shall appoint four members to the commission, the board of county commissioners of Douglas County shall appoint one member, the board of supervisors of Carson City shall appoint one member and the board of county commissioners of Washoe County shall appoint one member. The state land registrar shall serve as secretary to the commission and shall furnish such staff as necessary for the use of the commission.

      Sec. 3.  1.  The commission shall study all aspects of the program to purchase land in the Tahoe Basin and report to the state land registrar, the governor and the legislature concerning the program.

      2.  The commission shall include in its report its recommendations concerning the program to purchase land including the following:

      (a) Designating the agency or agencies who should purchase the land and manage it after the purchase;

      (b) Involving any private, nonprofit agencies for conservation in the purchase;

      (c) Coordinating purchases with federal, state or local agencies or political subdivisions making similar purchases;

      (d) Establishing which areas have priority for the purchases based on environmental, social, economic or other considerations consistent with this act;

      (e) Recommending the purchase of an interest less than fee in the land including easements, remainders after life estates, the transfer of development rights or rights from special assessments on the property;

      (f) Determining formulas to use to establish the fair value for the property;

      (g) Protecting those persons involved in the program to purchase the land from civil liability;

      (h) Obtaining money from the Federal Government for the program;

      (i) Establishing which areas, projects and sources of pollution have a priority for the expenditure of money under the program and those methods or programs on which the money may be most effectively spent.

      Sec. 4.  The commission shall report to the state land registrar, the governor and the legislative commission no later than July 1, 1986. The terms of the members of the commission expire on January 1, 1987.

      Sec. 5.  1.  After the state land registrar considers the report and recommendations of the commission, if, upon his application, the state board of examiners finds that the program for the purchase of lands or the mitigation or prevention of pollution in the Tahoe Basin should be commenced, the board may:

      (a) Issue a sufficient amount of the bonds authorized pursuant to section 1 of this act;

 


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

ê1983 Statutes of Nevada, Page 1967 (Chapter 611, AB 534)ê

 

      (b) Direct the state land registrar to purchase land in the Tahoe Basin pursuant to this act; and

      (c) Transmit the report to the state land registrar to be carried out as the board may recommend.

      2.  The state land registrar shall not expend more than the amount authorized unless he has prior approval from the state board of examiners.

      3.  The provisions of the State Securities Law, in chapter 349 of NRS, apply to the issuance of bonds under this act.

      Sec. 6.  The state land registrar shall administer the purchase of land in the Tahoe Basin and he may adopt regulations necessary to carry out the program. The state land registrar shall make all offers for the purchase of the land but the state board of examiners has the final authority to approve or disapprove the purchase.

 

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CHAPTER 612, SB 470

Senate Bill No. 470–Committee on Government Affairs

CHAPTER 612

AN ACT authorizing contribution toward improvements, replacements and increases of rating of certain facilities of the powerplant at Hoover Dam and the issuance of bonds and other securities by the State of Nevada through the Colorado River commission; and providing other matters properly relating thereto.

 

[Approved May 30, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Terms used or referred to in this act are as defined in the State Securities Law; but the terms defined in sections 2 to 6, inclusive, of this act, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      Sec. 2.  “Commission” means the Colorado River commission.

      Sec. 3.  “Facilities” means the works, facilities and appurtenances constructed, replaced, repaired, renewed, increased in capacity, or otherwise acquired or improved in and about the powerplant at Hoover Dam by the Federal Government, including all stator windings and improvement of auxiliary equipment, increasing the capacity of generators, turbines and appurtenant equipment, replacement of transformers and replacement of turbine runners.

      Sec. 4.  “Project” means the construction and other acquisition by the Federal Government of the facilities, as defined in this act.

 


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

ê1983 Statutes of Nevada, Page 1968 (Chapter 612, SB 470)ê

 

      Sec. 5.  The commission, on behalf of the state, may:

      1.  Participate in the funding of the project by contributing to the Federal Government a share of the cost of acquiring the facilities;

      2.  Contract with the Federal Government for Nevada’s participation share of the funding of the project and for other matters related thereto;

      3.  Borrow money and otherwise become obligated in a total principal amount not to exceed $45,000,000 to defray wholly or in part Nevada’s share of the funding of the project and issue state securities to evidence these obligations.

      Sec. 6.  1.  The power to issue securities under this act decreases to the extent that:

      (a) Congress by federal act appropriates funds;

      (b) The Office of Management and Budget apportions funds;

      (c) The Bureau of Reclamation allots funds; or

      (d) The Federal Government is obligated to pay earnings under contract for Nevada’s share of the cost of the project or any part thereof.

      2.  The authority to issue securities under this act increases or decreases to the extent justified by reason of changes in procurement and construction costs between January 1, 1983, and the date of acquisition of the facilities, as indicated by engineering cost indexes applicable to this type of acquisition.

      Sec. 7.  1.  Subject to the limitations as to maximum principal amounts in section 5 of this act, the commission may issue to defray the cost of the project, or any part thereof, at any time or from time to time after the adoption of this act, but not later than 15 years after the effective date thereof, as the commission may determine, in accordance with the provisions of the State Securities Law:

      (a) General obligation bonds and other general obligation securities payable from taxes, whose payment is additionally secured with net pledged revenues;

      (b) Revenue bonds and other securities constituting special obligations and payable from net pledged revenues; or

      (c) Any combination of these.

      2.  This act does not prevent the commission from funding, refunding or reissuing any outstanding state securities issued by the commission at the time as provided in the State Securities Law.

      3.  Subject to existing contractual obligations, the net revenues pledged, if any, for the payment of state securities by the commission may be derived from contractual commitments of the Federal Government to repay from revenues of the operation of all or any part of the income-producing facilities acquired as part of the project, or from any other source, the commission’s cost of retiring the state securities, including interest thereon.

      Sec. 8.  No contract entered into pursuant to the provisions of this act is binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of securities in the manner and as otherwise provided in the State Securities Law.

 


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

ê1983 Statutes of Nevada, Page 1969 (Chapter 612, SB 470)ê

 

      Sec. 9.  The legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act are for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      Sec. 10.  The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act control.

      Sec. 11.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, the invalidity does not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

      Sec. 12.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 613, AB 497

Assembly Bill No. 497–Committee on Education

CHAPTER 613

AN ACT relating to education; subjecting to regulation as private schools certain institutions and individual persons offering elementary and secondary instruction to small numbers of pupils; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 394.211 is hereby amended to read as follows:

      394.211  The following persons and educational institutions are exempt from the provisions of the Private Elementary and Secondary Education Authorization Act:

      1.  Institutions exclusively offering instruction at any level of postsecondary education.

      2.  Institutions maintained by the state or any of its political subdivisions and supported by public funds.

      3.  Institutions exclusively offering religious or sectarian studies.

      4.  Institutions licensed under the provisions of the Postsecondary [Education] Educational Authorization Act.

 


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ê1983 Statutes of Nevada, Page 1970 (Chapter 613, AB 497)ê

 

      5.  Institutions operated by or under the direct administrative supervision of the Federal Government.

      6.  [Institutions or individuals offering instruction to four or fewer students in a 24-hour day or to 24 or fewer students during any calendar year.] Natural persons who instruct pupils in their homes or in the pupils’ own homes, if this is not the only instruction those pupils receive.

      7.  Fraternal or benevolent institutions offering instruction to their members or their immediate relatives, which instruction is not operated for profit.

      8.  Institutions offering instruction solely in avocational and recreational areas.

      9.  Institutions or school systems in operation [prior to] before July 1, 1975, as to courses of study approved by the board pursuant to NRS 394.130; but [such] those institutions or school systems are not exempt as to substantial changes in their nature or purpose on or after [such] that date. The official literature of an institution or school system describing the nature and purpose of [an] the institution or school system as of June 30, 1975, is prima facie evidence of [such] the nature and purpose on [such] that date for the purposes of this chapter.

 

________

 

 

CHAPTER 614, AB 508

Assembly Bill No. 508–Assemblymen Chaney, Price, Collins, May, Nicholas, Joerg, Sedway, DuBois, Brady, Redelsperger, Thompson, Banner, Ham, Getto, Craddock, Kerns, Kovacs, Thomas, Berkley, Bilyeu, Francis, Swain, Jeffrey, Vergiels, Schofield, Stewart, Fay, Stone, Bergevin, Nevin, Marvel, Malone, Perry, Dini, Beyer and Coffin

CHAPTER 614

AN ACT relating to economic development; providing for the designation, approval and management of specially benefited zones in certain depressed areas of the state; providing for or authorizing various measures to stimulate economic development within the zones, including the elimination or modification of certain regulations, the development of programs for local improvements and training for employment, the sale or lease of unused governmental property, financing by tax increment, the deposit of public money in certain local financial institutions, a credit or refund for qualified businesses of certain taxes paid on retail sales of property purchased to conduct business; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature finds and declares that the health, safety and welfare of the people of this state are dependent upon a healthy economy and vibrant communities; that the continual encouragement, development, growth and expansion of private enterprise within the state requires a cooperative and continuous partnership between government and private organizations; and that there are certain depressed areas in this state that need the particular attention of government, business, labor and the citizens of Nevada to help attract private investment into these areas.

 


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ê1983 Statutes of Nevada, Page 1971 (Chapter 614, AB 508)ê

 

development, growth and expansion of private enterprise within the state requires a cooperative and continuous partnership between government and private organizations; and that there are certain depressed areas in this state that need the particular attention of government, business, labor and the citizens of Nevada to help attract private investment into these areas. Therefore, it is declared to be the purpose of this act to stimulate business and industrial growth and effect the revitalization of neighborhoods in depressed areas of the state by means of reduced governmental regulation and by financial incentives in those areas.

      Sec. 2.  Title 21 of NRS is hereby amended by adding a new chapter to consist of the provisions of sections 3 to 31, inclusive, of this act.

      Sec. 3.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  “Administrator” means the state officer appointed by the governor to administer the provisions of this chapter.

      Sec. 5.  “Depressed area” means an area in which pervasive poverty, unemployment and economic distress exist.

      Sec. 6.  “Designating municipality” means a city, or, with respect to the unincorporated areas of the county, a county which designates a specially benefited zone pursuant to this chapter.

      Sec. 7.  “Governing body” means the board of county commissioners, the board of supervisors, the city council or the board of commissioners, as the case may be.

      Sec. 8.  “Municipality” means any county, with respect to the unincorporated areas of the county, or any city in this state, including Carson City.

      Sec. 9.  “Qualified business” means any business organization qualified to receive benefits under this chapter and which has made an agreement concerning those benefits as provided by section 31 of this act.

      Sec. 10.  “Zone” means a specially benefited zone designated and approved pursuant to this chapter.

      Sec. 11.  An area is qualified to become a specially benefited zone which:

      1.  Is a contiguous area, but the area of a zone may exclude wholly surrounded territory within its boundaries;

      2.  Is a depressed area;

      3.  Satisfies any additional criteria established by regulation of the administrator consistent with the purposes of this chapter; and

      4.  Is entirely within a city or entirely within the unincorporated areas of a county, except where reasonable need is established for the zone to cover portions of more than one city or county.

      Sec. 12.  1.  A city, within its jurisdiction, or a county within the unincorporated areas of the county, or municipalities jointly, may by ordinance designate an area as a specially benefited zone, subject to the approval of the governor, if:

 

 


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ê1983 Statutes of Nevada, Page 1972 (Chapter 614, AB 508)ê

 

ordinance designate an area as a specially benefited zone, subject to the approval of the governor, if:

      (a) The area is qualified under section 11 of this act; and

      (b) The municipality has conducted at least one public hearing within the proposed zone on:

             (1) The question of whether to create the zone;

             (2) What local plans, financial incentives and other programs should be established in connection with the zone; and

             (3) What the boundaries of the zone should be.

Public notice of the hearing must be published in at least one newspaper of general circulation within the proposed zone, not more than 20 days nor less than 5 days before the hearing.

      2.  An ordinance designating an area as a specially benefited zone must set forth:

      (a) A precise description of the area comprising the zone, either in the form of a legal description or by reference to roadways, lakes and waterways, and township, county or city boundaries;

      (b) A finding that the zone meets the qualifications of section 11 of this act;

      (c) Provisions for any financial incentives which pursuant to state or federal law apply to qualified businesses within the zone at the election of the designating municipality, and which are not applicable throughout the municipality;

      (d) A designation of the area as a specially benefited zone, subject to the approval of the governor; and

      (e) The duration or term of the specially benefited zone.

      3.  This section does not prohibit a municipality from extending additional financial incentives in specially benefited zones or throughout its territory by separate ordinance, if the provision of those incentives is otherwise authorized by law.

      Sec. 13.  A municipality which has adopted an ordinance designating an area as a specially benefited zone shall make written application to the administrator to have the proposed zone approved by the governor as a specially benefited zone. The application must include:

      1.  A certified copy of the ordinance designating the proposed zone;

      2.  A map of the proposed zone, showing existing streets and highways;

      3.  An analysis, and any appropriate supporting documents and statistics, demonstrating that the proposed zone is qualified under section 11 of this act;

      4.  A statement detailing any reduction, deferral or elimination of any license or franchise tax, fee, service charge or other financial incentives or benefits, and any programs, to be provided by the municipality to qualified businesses within the zone, other than those provided in the designating ordinance, which are not to be provided throughout the municipality;

 


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ê1983 Statutes of Nevada, Page 1973 (Chapter 614, AB 508)ê

 

      5.  A statement setting forth the objectives concerning economic development and planning for the zone;

      6.  A statement describing the functions, programs and services to be performed by designated neighborhood organizations within the zone;

      7.  An estimate of the economic effect of the zone, considering all of the financial incentives or benefits and the programs contemplated, upon the revenues of the municipality;

      8.  A recording or the minutes of all public hearings on the zone;

      9.  In the case of a joint application, a statement detailing the need for a zone covering portions of more than one city or county and a description of the agreement between the joint applicants; and

      10.  Such additional information as the administrator by regulation may require.

      Sec. 14.  1.  All applications which are to be considered and acted upon by the administrator and the governor during a calendar year must be received by the administrator no later than December 31 of the preceding calendar year. Any application received on or after January 1 of any calendar year must be held by the administrator for consideration and action during the following calendar year.

      2.  Upon receipt of an application from a municipality, the administrator shall review the application to determine whether the designated area qualifies as a specially benefited zone under section 11 of this act and whether to recommend approval or denial of the application by the governor. No later than May 1, the administrator shall notify all applicant municipalities of the administrator’s determination of the qualification of their respective designated specially benefited zones. If any such designated area is found to be qualified to be a specially benefited zone, the administrator shall, no later than May 15, publish a notice in at least one newspaper of general circulation within the proposed zone to notify the general public of the application and their opportunity to comment. The notice must include a description of the area and a brief summary of the application and must indicate locations where the applicant has provided copies of the application for public inspection. The notice must also indicate appropriate procedures for the filing of written comments from residents, businesses, civic and other organizations and property owners within the zone to the administrator.

      3.  By July 1 the governor shall either approve or deny all applications filed by December 31 of the preceding year. If approval of an application filed by December 31 of any year is not received by July 1 of the following year, the application shall be considered denied. If an application is denied, the administrator shall inform the municipality of the specific reasons for the denial.

 


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ê1983 Statutes of Nevada, Page 1974 (Chapter 614, AB 508)ê

 

      Sec. 15.  1.  In determining which designated areas will be approved as specially benefited zones, the governor shall give preference to:

      (a) Areas with high levels of poverty, unemployment, loss of jobs and population, and general distress;

      (b) Areas which have evidenced the widest support from the designating municipality, local residents and business, labor and neighborhood organizations;

      (c) Areas for which a specific plan has been submitted to effect economic growth and expansion and neighborhood revitalization for the benefit of residents and existing businesses within the zone through efforts which may include but need not be limited to a reduction or elimination of license or franchise taxes, fees or service charges, an increase in the level and efficiency of local services, and a simplification of governmental requirements applicable to employers or employees, taking into account the resources available to the municipality to make those efforts;

      (d) Areas for which there is evidence of prior consultation between the municipality and business, labor and neighborhood organizations within the proposed zone;

      (e) Areas for which a specific plan has been submitted which will or may be expected to benefit residents and employees within the zone by increasing their opportunities for ownership of and participation in developments within the specially benefited zone; and

      (f) Areas in which specific governmental functions are to be performed by designated neighborhood organizations in partnership with the municipality seeking certification of an area as a specially benefited zone.

      2.  The governor’s determination of whether to approve a specially benefited zone must be based on the purposes of this chapter, the criteria set forth in section 11 and subsection 1 of this section and any additional criteria adopted by regulation of the administrator.

      Sec. 16.  1.  Approval of designated specially benefited zones must be made by the governor by certification of the designating ordinance. The governor shall promptly issue a certificate for each specially benefited zone upon his approval. The certificate must be signed by the governor, must make specific reference to the designating ordinance, which must be attached thereto, and must be filed in the office of the secretary of state. A certified copy of the certificate, or a duplicate original thereof, must be filed with the county recorder of the county in which the specially benefited zone lies.

      2.  A specially benefited zone is effective upon its certification. The administrator shall transmit a copy of the certification to the department of taxation, the employment security department and to the designating municipality. The terms and provisions of the designating ordinance become effective upon certification of the specially benefited zone, and may not be amended or repealed except as provided in section 17 of this act.

 


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ê1983 Statutes of Nevada, Page 1975 (Chapter 614, AB 508)ê

 

zone, and may not be amended or repealed except as provided in section 17 of this act.

      3.  Except as provided in section 17 of this act, the designating ordinance and the certification remain in effect for 20 years, or for a lesser number of years specified in the ordinance, and terminate at midnight of December 31 of the final year of the certified term.

      4.  No more than eight specially benefited zones may be approved by the governor in any year. In any year, the governor may not approve more than three zones located within the same county, whether within its cities or within the unincorporated areas, nor more than three zones in the same city. The governor may approve specially benefited zones in each of the 6 years commencing with 1984. Thereafter, the governor may not approve any additional specially benefited zones, but may amend or rescind certifications of existing zones as provided in section 17 of this act.

      Sec. 17.  1.  The terms of a certified ordinance designating a specially benefited zone may be amended to:

      (a) Alter the boundaries of the zone;

      (b) Limit or repeal financial incentives or benefits provided in the ordinance, or

      (c) Alter the date for terminating the zone.

The amendment does not become effective unless the governor issues an amended certificate for the zone. Upon the adoption of the amendment, the municipality shall promptly file with the administrator an application for approval thereof, containing substantially the same information as required for an application under section 13 of this act insofar as material to the proposed changes. The municipality must hold a public hearing on the proposed changes as specified in section 12 of this act.

      2.  The governor shall approve or disapprove a proposed amendment to a certified specially benefited zone within 90 days after his receipt of the application from the municipality. The governor may not approve changes in a zone which are not in conformity with this chapter or with other applicable laws. If the governor issues an amended certificate for a specially benefited zone, the amended certificate, together with the amended designating ordinance, must be filed, recorded and transmitted as provided in section 16 of this act.

      Sec. 18.  A specially benefited zone may be terminated by joint action of the governor and the designating municipality. The designating municipality shall conduct at least one public hearing within the zone before adopting its ordinance of termination. The mayor of the designating city or the chairman of the governing body of the designating county shall execute with the administrator a joint agreement for termination of the zone. The termination of a specially benefited zone does not become effective until at least 6 months after the execution of the terminating agreement, which must be filed in the office of the secretary of state.

 


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ê1983 Statutes of Nevada, Page 1976 (Chapter 614, AB 508)ê

 

      Sec. 19.  Where a specially benefited zone is terminated under section 18 of this act, or the length of the term or the area of a zone is reduced, or the benefits available in a zone are reduced or eliminated:

      1.  All benefits previously extended within the zone pursuant to this chapter, or pursuant to any other law of this state providing benefits specifically to qualified businesses within specially benefited zones, remain in effect for the original stated term of the zone with respect to those qualified businesses operating within the zone on the effective date of the termination or amendment, except as provided in subsection 2.

      2.  A qualified business which is proposed or which has proposed an expansion is entitled to the benefits previously applicable within the zone for the original stated term of the zone, if the business establishes that:

      (a) The proposed business or expansion has been committed to be located within the zone;

      (b) Substantial and binding financial obligations have been made towards the development of the business or the expansion; and

      (c) Those commitments have been made in reasonable reliance on the benefits and programs which were to have been applicable to the business by reason of the zone, including in the case of a reduction in the term of a zone, the original length of the term.

      Sec. 20.  1.  The governor shall appoint a qualified person in the department of economic development to serve as administrator.

      2.  The administrator shall:

      (a) Administer this chapter.

      (b) Submit reports evaluating the effectiveness of the programs established pursuant to this chapter together with any suggestions for legislation to the legislature by February 1 of every odd-numbered year. The reports must contain statistics concerning initial and current population, employment, per capita income, corporate income and the construction of housing for each specially benefited zone.

      (c) Adopt all necessary regulations to carry out the provisions of this chapter.

      Sec. 21.  The administrator shall:

      1.  When any federal legislation concerning specially benefited zones is enacted and becomes effective, assist municipalities in preparing and submitting all information and forms necessary to permit the zone to be considered as an eligible area under the federal program.

      2.  Provide information and appropriate assistance to persons desiring to locate and engage in business in a specially benefited zone, to persons already engaged in business in a zone and to designated neighborhood organizations operating there.

      3.  In cooperation with appropriate state and local governmental agencies, coordinate existing state and local programs to assist businesses and assist in simplifying procedures by which businesses within a specially benefited zone must apply for licenses and permits.

 


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ê1983 Statutes of Nevada, Page 1977 (Chapter 614, AB 508)ê

 

      4.  Publicize existing financial incentives and programs for economic development within a zone and upon request, offer technical assistance in the development of financial incentives and alternative sources of revenue to local governments which have specially benefited zones within their jurisdiction.

      5.  Work together with the responsible state and federal agencies to promote the coordination of other relevant programs, including but not limited to programs concerning housing, community and economic development, small business, banking, financial assistance, and training for employment which are carried on in a specially benefited zone.

      Sec. 22.  1.  In order to stimulate opportunities for employment for residents, of a specially benefited zone, the administrator shall initiate a test of a program for the reimbursement of vouchers for the cost of training residents of the zone eligible under the provisions of the Internal Revenue Code concerning tax credits for the employment of members of targeted groups in private industry. This program must not be designed to subsidize businesses, but is intended to make available opportunities for jobs and training not otherwise available. Nothing in this subsection requires businesses within a zone to utilize this program.

      2.  The program described in subsection 1 must be designed:

      (a) For those persons whose opportunities for obtaining employment are minimal without participation in the program;

      (b) To minimize the period during which those persons collect benefits under programs for public assistance;

      (c) To accelerate the transition of those persons to unsubsidized employment.

The administrator shall seek agreement with business, organized labor and the appropriate state and local agencies on the design, operation and evaluation of the test program.

      3.  A report with recommendations, including representative comments of governmental agencies and business and labor organizations, must be submitted by the administrator to the designating municipality and the legislative commission not later than 12 months after the test program commences, or not later than 3 months following the termination of the test program, whichever first occurs.

      Sec. 23.  1.  The management of a specially benefited zone must be under the jurisdiction of the designating municipality.

      2.  Each designating municipality shall, by ordinance, appoint a zone manager for the certified zones within its jurisdiction. A zone manager must be an officer or employee of the municipality.

      3.  The zone manager shall coordinate activities between the designating municipality, the administrator and any designated neighborhood organizations within zones under his jurisdiction.

      Sec. 24.  1.  A designating municipality may, by ordinance, delegate one or more of the services or functions described in subsection 2 to one or more qualified private organizations.

 


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ê1983 Statutes of Nevada, Page 1978 (Chapter 614, AB 508)ê

 

to one or more qualified private organizations. For the purposes of this section, an organization is qualified if:

      (a) Its constituency is composed substantially of residents of the specially benefited zone;

      (b) It has a governing body elected by its constituents;

      (c) It meets the requirements of paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code; and

      (d) It exists primarily to perform services within the zone for the benefit of its residents and businesses.

      2.  A designated neighborhood organization may be authorized to provide the following services or perform the following functions in coordination with the municipality:

      (a) Provide or contract for the provision of public services including, but not limited to:

             (1) The establishment of patrols to watch for crime in neighborhoods within the specially benefited zone.

             (2) The establishment of volunteer day care centers.

             (3) The organization of recreational activities for children living within the zone.

             (4) Garbage collection.

             (5) Street maintenance and improvement.

             (6) The maintenance and improvement of parks, bridges and water and sewer lines.

             (7) Projects for the conservation of energy.

             (8) Health and clinical services.

             (9) Programs to combat drug abuse.

             (10) Programs to assist older residents of the zone.

             (11) The rehabilitation, renovation, operation and maintenance of housing for persons of low and moderate income.

             (12) Other types of public services as provided by ordinance.

      (b) Exercise authority for the enforcement of any code, permit, or procedure for licensing within a specially benefited zone.

      (c) Provide a forum for action by business, labor and government on innovations for the zone.

      (d) Apply for regulatory relief under sections 26 and 27 of this act.

      (e) Receive title to publicly owned property pursuant to section 29 of this act.

      (f) Perform such other functions as the responsible governmental entity may deem appropriate, including offerings and contracts for insurance with businesses within the zone.

      (g) Agree with local governments to provide these public services within the zone by contracting with private firms and organizations, where feasible and prudent.

      (h) Solicit and receive contributions to improve the quality of life in the specially benefited zone.

 


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ê1983 Statutes of Nevada, Page 1979 (Chapter 614, AB 508)ê

 

      Sec. 25.  When a specially benefited zone is designated and approved under this chapter, the governing body of the designating municipality may:

      1.  Apply with the United States Department of Commerce to have the specially benefited zone declared to be a free trade zone.

      2.  When any federal legislation concerning specially benefited zones is enacted or becomes effective, prepare and submit, with the assistance of the administrator and in a timely fashion, all information and forms necessary to permit the specially benefited zone designated and approved under this chapter to be considered as an eligible area under the federal program.

      3.  Apply for all available assistance from the federal, state, and in the case of a city, the county government, including the suspension or modification of their regulations within the specially benefited zone that have the characteristics described in subsection 1 of section 26 of this act.

      4.  Develop and carry out a program to improve police protection within the zone.

      5.  Give priority to the use in the zone of any federal assistance for urban development or job training.

      6.  By ordinance adopt regulations for qualifying employers for the benefits authorized specifically for qualified businesses under this chapter and sections 66 and 67 of this act.

      Sec. 26.  1.  The administrator shall conduct a review of state administrative regulations and shall identify those regulations which preliminarily appear to the administrator to:

      (a) Affect the conduct of business, industry and commerce;

      (b) Impose excessive cost on either the creation or conduct of businesses; and

      (c) Inhibit the development and expansion of business within specially benefited zones.

      2.  The administrator shall conduct hearings to solicit public comment on the regulations as part of his review.

      3.  No later than August 1, 1984, the administrator shall publish a list of regulations identified pursuant to subsection 1. The administrator shall transmit a copy of the list to each agency which has adopted regulations on the list.

      4.  Within 90 days after the publication of the list by the administrator, each agency which adopted any regulation identified therein shall file a written report with the administrator detailing for each identified regulation:

      (a) Its need or justification;

      (b) Whether the regulation is required by state or federal law, or is discretionary, and to what extent;

      (c) A synopsis of the history of the regulation, including any internal review of it by the agency after its original adoption;

 


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ê1983 Statutes of Nevada, Page 1980 (Chapter 614, AB 508)ê

 

      (d) Any appropriate explanation of its relationship to other regulatory requirements; and

      (e) Any available data, analysis and studies concerning the estimated economic effect of the regulations on the business which it is to regulate and on the public. The informational statement prepared as required by NRS 233B.066 may be submitted to satisfy the requirements of this paragraph if it contains a current estimate of that economic effect.

The agency’s report is a public record and must be open to public inspection during regular business hours.

      5.  No later than January 1, 1985, and from time to time as necessary, the administrator shall, except as provided in section 28 of this act, adopt regulations exempting businesses within specially benefited zones from those state regulations contained in the published list, for which the administrator finds that incentives for the creation of jobs or for business development within specially benefited zones engendered by the exemption outweigh the need and justification for the regulation. In making his findings, the administrator shall consider all information, data and opinions submitted to him by the public and the state agencies, and any other information otherwise available to him. These regulations must be in the form of amendments to the existing state regulations to be affected, and are subject to the provisions of chapter 233B of NRS.

      6.  Upon its effective date, any regulation of the administrator adopted under subsection 5 supersedes the exempted state regulation in accordance with the terms of the exemption. An exemption applies only to businesses within specially benefited zones during the effective term of the respective zones. State agencies may not adopt emergency regulations to circumvent an exemption granted by the administrator. Any such emergency regulation is not effective within the specially benefited zones to the extent it is inconsistent with the terms of the exemption.

      Sec. 27.  1.  Except as provided in section 28 of this act, a state agency may provide in its regulations for the exemption of businesses within specially benefited zones or for modifications or alternatives specifically applicable to businesses within those zones, which impose less stringent standards or alternative standards for compliance, including standards based on performance as a substitute for specific requirements concerning methods, procedures or equipment. The agency adopting those exemptions, modifications or alternatives shall file with its proposed regulation its findings that the proposed regulation provides economic incentives within specially benefited zones which promote the purposes of this chapter and which, to the extent they include any exemptions or reductions in regulatory standards or requirements, outweigh the need or justification for the existing regulation.

 


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ê1983 Statutes of Nevada, Page 1981 (Chapter 614, AB 508)ê

 

      2.  If any agency adopts a regulation pursuant to subsection 1 affecting a regulation contained on the list published by the administrator pursuant to section 26 of this act before the administrator adopts a regulation affecting the regulation on the list, the agency shall immediately transmit a copy of its proposed regulation to the administrator, together with a statement of the reasons why the administrator should defer to the agency’s proposed regulation. Regulations adopted under subsection 1 are subject to any superseding regulations of the administrator adopted under section 26 of this act.

      3.  Except as provided in section 28 of this act, a designating municipality may modify, with respect to specially benefited zones, all local ordinances and regulations regarding zoning, licensing or building codes.

      Sec. 28.  1.  The provisions of section 26 and subsection 1 of section 27 of this act do not apply to regulations adopted pursuant to any statute whose purpose is the protection of the environment, the preservation of historic places and landmarks, or the protection of persons against discrimination on the basis of race, color, religion, sex, marital status, national origin or handicap.

      2.  No exemption, modification or alternative to any regulation adopted under section 26 or 27 is effective which:

      (a) Presents a significant risk to the health or safety of persons resident in or employed within a specially benefited zone;

      (b) Conflicts with federal law or regulations such that the state, or any local government or any area of the state other than specially benefited zones, or any business located outside of a specially benefited zone would be disqualified from a federal program or from federal tax benefits or other benefits;

      (c) Suspends or modifies a regulation specifically required by law; or

      (d) Eliminates or reduces benefits to persons who are residents of or employed within a zone.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30.  To encourage the revitalization of specially benefited zones, the governing body of a designating municipality may:

      1.  Issue bonds or other securities authorized by other law for the purposes of economic development and use the proceeds for loans to any new or expanding qualified businesses in the specially benefited zone.

      2.  Provide financing by tax increment pursuant to sections 34 to 64, inclusive, of this act.

      3.  Reduce or eliminate any license or franchise tax, fee or service charge which would otherwise be imposed against qualified businesses within the specially benefited zone.

 


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ê1983 Statutes of Nevada, Page 1982 (Chapter 614, AB 508)ê

 

      4.  Develop and carry out, alone or where feasible with the participation of one or more designated neighborhood organizations as provided in section 24 of this act, programs to improve needed governmental services within the specially benefited zone.

      5.  Develop and carry out a plan to:

      (a) Ensure the availability of resources to assist residents of the specially benefited zone in their own efforts to improve the condition of property and the availability and quality of public services within the zone.

      (b) Provide or seek assistance for persons or businesses displaced as a result of undertakings or other activities conducted pursuant to this chapter or sections 34 to 64, inclusive, of this act.

      6.  Cooperate with any other governmental agency to provide any other incentive likely to encourage private investment within the specially benefited zone.

      Sec. 31.  1.  Any business that wishes to participate in the benefits specifically authorized for qualified businesses in this chapter must first submit a proposal to the governing body of the designating municipality. The proposal must contain the following information:

      (a) An estimate of the number of new employees whom the business intends to hire for its place of business within the specially benefited zone and an estimate of the amount of payroll these hirings will add to the business.

      (b) An estimate of the amount to be invested by the business to establish, expand, renovate, or occupy a place of business within the specially benefited zone, including investment in new buildings, additions, or improvements to existing buildings, machinery, equipment, furniture, fixtures and inventory.

      (c) A listing of the business’ current investment, if any, in a place of business within the specially benefited zone as of the date of the submission of the proposal.

The business shall review and keep current the estimates and listings required under this subsection to reflect material changes, and any agreement entered under this section must set forth final estimates and listings as of the time the agreement is entered.

      2.  The governing body shall investigate the proposal and if it finds that the business is qualified by financial responsibility and business experience to create and preserve employment opportunities in the specially benefited zone and improve the economic climate of the municipality and finds further that the business did not relocate from a depressed area in this state or reduced employment elsewhere in Nevada in order to expand in the specially benefited zone, the governing body may, on behalf of the municipality, enter into an agreement with the business, for a period of not more than 20 years, under which the business agrees in return for one or more of the benefits authorized in this chapter and sections 66 and 67 of this act for qualified businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:

 

 


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ê1983 Statutes of Nevada, Page 1983 (Chapter 614, AB 508)ê

 

businesses, as specified in the agreement, to establish, expand, renovate or occupy a place of business within the specially benefited zone and hire new employees at least 35 percent of whom at the time they are employed are at least one of the following:

      (a) Unemployed persons who have resided at least 6 months in the municipality.

      (b) Persons eligible for employment or job training under any federal program for employment and training who have resided at least 6 months in the municipality.

      (c) Recipients of benefits under any state or county program of public assistance, including aid to dependent children, aid to the medically indigent and unemployment compensation who have resided at least 6 months in the municipality.

      (d) Persons with a physical or mental handicap who have resided at least 6 months in the state.

      (e) Residents for at least 1 year of the area comprising the specially benefited zone.

      3.  To determine whether a business is in compliance with an agreement, the governing body:

      (a) Shall each year require the business to file proof satisfactory to the governing body of its compliance with the agreement.

      (b) May conduct any necessary investigation into the affairs of the business and may inspect at any reasonable hour its place of business within the specially benefited zone.

If the governing body determines that the business is in compliance with the agreement, it shall issue a certificate to that effect to the business. The certificate expires 1 year after the date of its issuance.

      4.  The governing body shall file with the administrator, the department of taxation and the employment security department a copy of each agreement, the information submitted under paragraph (a) of subsection 3 and the current certificate issued to the business under that subsection. The governing body shall immediately notify the administrator, the department of taxation and the employment security department whenever the business is no longer certified.

      Sec. 32.  The legislature by sections 33 to 64, inclusive, of this act determines, finds and declares:

      1.  The provision in those sections of powers, rights, privileges, immunities, liabilities, duties and disabilities concerning a municipality will serve a public purpose.

      2.  The notices provided for in sections 34 to 64, inclusive, of this act are reasonably calculated to inform each person in interest of any proceedings thereunder which may directly and adversely affect his legally protected interests.

      3.  The necessity for sections 34 to 64, inclusive, of this act results from:

      (a) The large population growth of certain municipalities and their environs;

 


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ê1983 Statutes of Nevada, Page 1984 (Chapter 614, AB 508)ê

 

      (b) The need for capital improvements within certain areas within those municipalities to provide needed services, facilities and other improvements for public use;

      (c) The existence of depressed areas within the municipalities constituting a serious and growing menace which is injurious and inimical to the public health, safety and welfare of the people of the state, and particularly the municipalities; and

      (d) The resulting difficulties and handicaps which are beyond remedy and control by existing regulatory processes in the exercise of the police power or by existing financing powers.

      4.  The benefits which will result from making available additional revenues to defray indirectly the costs of undertakings within a municipality authorized by the County Bond Law or the City Bond Law, as the case may be, and the redevelopment of depressed areas therein will accrue to the inhabitants and the property owners of the municipality as a whole, will be of general benefit thereto, and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.

      5.  The method of paying the bond requirements of securities issued under sections 34 to 64, inclusive, of this act is equitable and enables the municipality to issue securities to defray the cost of any project or projects.

      6.  The powers, rights and privileges granted in sections 34 to 64, inclusive, of this act and the immunities, liabilities, duties and disabilities provided in those sections comply in all respects with any requirement or limitation imposed by any constitutional provision.

      7.  The provisions of sections 34 to 64, inclusive, of this act must be broadly construed.

      Sec. 33.  Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 34 to 64, inclusive, of this act.

      Sec. 34.  Except as otherwise provided in this chapter or where the context otherwise requires, terms used or referred to in this chapter are as defined in the County Bond Law, insofar as they apply to counties, and the City Bond Law, insofar as they apply to cities, as from time to time amended, and except as otherwise provided in those laws, as defined in the Local Government Securities Law, as from time to time amended; but the definitions provided in sections 34 to 64, inclusive, of this act, except where the context otherwise requires, govern the construction of this chapter.

      Sec. 35.  “Clerk” means county clerk or the city clerk, as the case may be.

      Sec. 36.  “Cost of the undertaking,” or any phrase of similar import, means the “cost of any project” as the latter phrase is defined in the Local Government Securities Law.

 


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ê1983 Statutes of Nevada, Page 1985 (Chapter 614, AB 508)ê

 

      Sec. 37.  “County” means any county in the state; and where the context so indicates, the term means the unincorporated area of the county.

      Sec. 38.  “Engineer” means the municipal engineer or firm of engineers employed by the municipality in connection with any undertaking, any project or the exercise of any power authorized in this chapter.

      Sec. 39.  “Facilities” means buildings, structures, utilities or other properties pertaining to any undertaking or any project authorized in this chapter, including, without limitation, income-producing facilities and facilities acquired with the proceeds of bonds or other securities.

      Sec. 40.  “Governing body” means the board of county commissioners, the board of supervisors, the city council or the board of commissioners, as the case may be.

      Sec. 41.  “Mailed notice” or “notice by mail” means any written or printed notice sent by prepaid, first class mail, at the direction of the governing body, to the last known address of each owner of each tract in a tax increment area, or to any other person designated by the owner at his last known address, at least 20 days before the designated hearing or other time or event.

      Sec. 42.  “Municipality” means any county or city in this state, including Carson City.

      Sec. 43.  “Newspaper” means a newspaper printed in the English language at least once each calendar week and published and of general circulation in the municipality.

      Sec. 44.  “Posting” means posting in three public places at or near the site of the undertaking or any project designated at least 20 days before the designated hearing or other time or event.

      Sec. 45.  “Publication” or “publish” means publication in at least one newspaper and, except as otherwise expressly provided or necessarily implied in this chapter, for at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days before the designated time or event.

      Sec. 46.  “Tax increment account” means a special account created pursuant to subsection 3 of section 59.

      Sec. 47.  “Tax increment area” means the area:

      1.  Whose boundaries are coterminous with those of a specially benefited zone established under sections 3 to 31, inclusive, of this act;

      2.  Specially benefited by an undertaking under this chapter;

      3.  Designated by ordinance as provided in subsection 3 of section 59 of this act; and

      4.  In which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to the tax increment account under section 61 of this act.

      Sec. 48.  “Undertaking” means any enterprise to acquire, improve or equip (or any combination thereof) any project or projects authorized in the County Bond Law, in the case of counties, or the City Bond Law, in the case of cities, and to defray the cost of such enterprise wholly or in part by the issuance of the municipality’s bonds or other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to the enterprise pursuant to section 61 of this act.

 


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ê1983 Statutes of Nevada, Page 1986 (Chapter 614, AB 508)ê

 

Bond Law, in the case of cities, and to defray the cost of such enterprise wholly or in part by the issuance of the municipality’s bonds or other securities payable wholly or in part from tax proceeds allocated to the tax increment account pertaining to the enterprise pursuant to section 61 of this act.

      Sec. 49.  This chapter applies to:

      1.  Any county for any undertaking in the unincorporated areas of the county.

      2.  Any city, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.

      Sec. 50.  For the purposes of this chapter:

      1.  Facilities may consist of all properties, real, personal, mixed or otherwise acquired by the municipality, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise, and used in connection with any such project and related services or in any way pertaining thereto, whether situated within or without or both within and without the territorial limits of the municipality.

      2.  The municipality shall not acquire as a part of its facilities any properties which at the time of their acquisition compete in any area with then existing properties of a public body providing the same or a similar function or service therein, but the facilities of the municipality may complement such existing properties of a public body by providing in such an area supplemental functions or services if such existing properties provide inadequate functions or services.

      3.  The municipality may acquire properties of any public body situate in the municipality as one undertaking or a project of the municipality or an interest therein.

      Sec. 51.  1.  The names and addresses of property owners to whom notice by mail is to be given must be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses pertaining to any tax increment area may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals if the list is needed for a period longer than 12 months.

      2.  Any mailing of any notice required in this chapter must be verified by the affidavit or certificate of the engineer, clerk, deputy, or other person mailing the notice, which verification must be retained in the records of the municipality at least until all bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.

      3.  This verification of mailing is prima facie evidence of the mailing of the notice in accordance with the requirements of this section.

      Sec. 52.  1.  Any posting of any notice required in this chapter must be verified by the affidavit or certificate of the engineer, clerk, deputy, or other person posting the notice, and filed with the clerk, which verification must be retained in the records of the municipality at least until the bonds and other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.

 


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ê1983 Statutes of Nevada, Page 1987 (Chapter 614, AB 508)ê

 

deputy, or other person posting the notice, and filed with the clerk, which verification must be retained in the records of the municipality at least until the bonds and other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.

      2.  This verification of posting is prima facie evidence of the posting of the notice in accordance with the requirements of this section.

      Sec. 53.  1.  Unless otherwise so stated, it is not necessary that publication of any notice required in this chapter be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.

      2.  Publication is complete on the day of the last publication.

      3.  Any publication required in this chapter must be verified by the affidavit of the publisher and filed with the clerk, which verification must be retained in the records of the municipality at least until all the bonds and any other securities pertaining to a tax increment account have been paid in full, or any claim is barred by a statute of limitations.

      4.  This verification of publication is prima facie evidence of the publication of the notice in accordance with the requirements of this section.

      Sec. 54.  1.  Except as provided in subsection 2, the governing body, on the behalf and in the name of the municipality, may at any time designate a tax increment area comprising any specially benefited zone within the municipality designated and approved under sections 3 to 31, inclusive, of this act, for the purpose of creating a special account for the payment of bonds or other securities issued to defray the cost of the acquisition, improvement or equipment, or any combination thereof, of a project or projects authorized in the County Bond Law or the City Bond Law, as from time to time amended, including without limitation, the condemnation of property for any such undertaking, as supplemented by the Local Government Securities Law, except as otherwise provided in this chapter.

      2.  The right of way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of the property is mutually agreed upon by the governing body and the railroad company.

      Sec. 55.  1.  Whenever the governing body is of the opinion that the interest of the municipality requires any undertaking, the governing body, by resolution, shall direct the engineer to prepare:

      (a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation, all estimated financing costs to be capitalized with the proceeds of the municipality’s securities and all other estimated incidental costs relating to the undertaking;

      (b) A statement of the proposed tax increment area pertaining thereto, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer; and

 

 


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ê1983 Statutes of Nevada, Page 1988 (Chapter 614, AB 508)ê

 

thereto, the last finalized amount of the assessed valuation of the taxable property in such area, and the amount of taxes (including in such amount the sum of any unpaid taxes, whether or not delinquent) resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer; and

      (c) A statement of the estimated amount of the tax proceeds to be credited annually to the tax increment account during the term of the proposed securities payable therefrom.

      2.  The resolution must describe the undertaking in general terms.

      3.  The resolution must state:

      (a) What part or portion of the expense thereof will be paid with the proceeds of securities issued by the municipality in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom.

      (b) How the remaining part or portion of that expense, if any, is to be financed; and

      (c) The basic security and any additional security for the payment of securities of the municipality pertaining to the undertaking.

      4.  The resolution need not describe minutely each particular tract of taxable real property proposed to be included within the tax increment area, but simply designate the tax increment area or its location, so that the various tracts of taxable real property and any taxable personal property can be ascertained and determined to be within or without the proposed tax increment area.

      5.  The engineer shall forthwith file with the clerk the preliminary plans, estimate of cost and statements.

      6.  Upon their filing, the governing body shall examine them, and if it finds them to be satisfactory, it shall by resolution provisionally order the undertaking.

      Sec. 56.  1.  In the resolution making the provisional order the governing body shall set a time at least 20 days thereafter and place when and where any representative of the Federal Government, the state or any public body, or any person resident of the municipality or owning taxable personal or real property therein, or any representative of any such person, may appear before the governing body and be heard as to the propriety and advisability of the undertaking.

      2.  Notice must be given:

      (a) By mail;

      (b) By posting; and

      (c) By publication.

      3.  The notice must:

      (a) Describe the undertaking and the project or projects relating thereto without mentioning minor details or incidentals;

      (b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as stated in the engineer’s report filed with the governing body under section 55 of this act.

 


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ê1983 Statutes of Nevada, Page 1989 (Chapter 614, AB 508)ê

 

      (c) Describe the proposed tax increment area pertaining to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area, and the amount of taxes, including in such amount the sum of any unpaid taxes, whether or not delinquent, resulting from the last taxation of the property, based upon the records of the county assessor and the county treasurer;

      (d) State what part or portion of the expense of the undertaking will be paid with the proceeds of securities issued by the municipality in anticipation of tax proceeds to be credited to the tax increment account and payable wholly or in part therefrom, and state the basic security and any additional security for the payment of securities of the municipality pertaining to the undertaking;

      (e) State how the remaining part or portion of the expense, if any, is to be financed;

      (f) State the estimated amount of the tax proceeds to be credited annually to the tax increment account pertaining to the undertaking during the term of the proposed securities payable from such tax proceeds, and the estimated amount of any net revenues derived annually from the operation of the project or projects pertaining to the undertaking and pledged for the payment of those securities;

      (g) State the estimated aggregate principal amount to be borrowed by the issuance of the securities, excluding proceeds thereof to fund or refund outstanding securities, and the estimated total bond requirements of the securities;

      (h) Find, determine and declare that the estimated tax proceeds credited to the tax increment account and any such net pledged revenues will be fully sufficient to pay the bond requirements of the securities as they become due; and

      (i) State the time and place when and where the governing body will consider the ordering of the undertaking and hear all complaints, protests, objections and other relevant comments concerning the undertaking which may be made in writing by any natural person or body corporate designated in subsection 1 and filed with the clerk at least 3 days prior thereto, or made orally at the hearing by any person designated in subsection 1.

      4.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body at any time before the passage of the ordinance ordering the undertaking and creating the tax increment area and the tax increment account pertaining thereto.

      5.  No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements relating thereto may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the governing body after ordering such a change provides for another hearing on the provisional order on all matters in the premises and for notice of the hearing in the same manner as provided for the initial hearing, but a subsequent final determination of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes does not adversely affect proceedings taken under this chapter.

 


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ê1983 Statutes of Nevada, Page 1990 (Chapter 614, AB 508)ê

 

matters in the premises and for notice of the hearing in the same manner as provided for the initial hearing, but a subsequent final determination of the amount of assessed valuation of taxable property in the tax increment area or a subsequent levy of taxes does not adversely affect proceedings taken under this chapter.

      6.  The engineer also may make minor changes in and develop the undertaking as to the time, plans and materials entering into the undertaking at any time before its completion.

      Sec. 57.  1.  At the time and place of the hearing, or at any adjournment thereof, the governing body shall proceed to cause to be read and to consider all written complaints, protests, objections and other relevant comments properly made and so filed with the clerk and to hear all verbal comments relating to the undertaking.

      2.  After the hearing has been concluded, after all written complaints, protests, objections and other relevant comments have been read and considered, and after the governing body has heard and considered all oral comments made by persons having an interest and also has considered any other relevant material put forth, if the governing body determines that the undertaking, or a part thereof, is not in the public interest, the governing body by resolution shall make an order to that effect and may modify the proposed tax increment area to conform to that order. Thereupon the undertaking or any such part must stop and must not be begun again until the adoption of a new resolution.

      3.  Any complaint, protest or objection to the regularity, validity and correctness of the proceedings taken and the instruments made before the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner specified in this chapter.

      Sec. 58.  The Federal Government, the state, any public body or any person filing a written complaint, protest or objections in the manner and within the time provided in section 56 of this act may within 30 days after the governing body has finally passed on the complaint, protest or objection by resolution pursuant to subsection 2 of section 57 of this act or by ordinance pursuant to subsection 3 of section 59 of this act, commence an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits attacking the validity of the proceedings are perpetually barred.

      Sec. 59.  1.  After the hearing on the provisional order and the consideration of all matters in the premises, and in the event of any material changes other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to such modification under subsection 2 of section 57 of this act, after the hearing on the supplemental provisional order and the consideration of any supplemental matters in the premises, the governing body shall determine whether to proceed under this chapter. If it has ordered any modification and desires to proceed, it shall direct the engineer to modify appropriately the plans, estimates and statements filed by him with the clerk under subsection 5 of section 55 of this act.

 


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ê1983 Statutes of Nevada, Page 1991 (Chapter 614, AB 508)ê

 

modify appropriately the plans, estimates and statements filed by him with the clerk under subsection 5 of section 55 of this act.

      2.  The engineer, if so directed, shall appropriately modify them and shall forthwith file the modified plans, estimates and statements with the clerk.

      3.  When such plans, estimates and statements are prepared, filed with the clerk and are satisfactory to the governing body, it shall by ordinance overrule all complaints, protests and objections not otherwise acted upon, unconditionally order the undertaking, as modified if modified, describe the tax increment area pertaining thereto, and create the tax increment account therefor.

      4.  The ordinance may be adopted in the same manner as is provided in cases of emergency or may be introduced and adopted as a regular measure.

      Sec. 60.  1.  The governing body may amend an ordinance adopted pursuant to section 59 of this act by adopting a supplemental ordinance, introduced and adopted as a regular measure, to:

      (a) Modify the undertaking by specifying new projects or removing or modifying projects specified in the original ordinance;

      (b) Add areas to or remove areas from a tax increment area; and

      (c) Make such other changes, additions or deletions as the governing body determines will further its objectives within the tax increment area.

      2.  If such a proposed amendment would add any area to or remove any area from a tax increment area, notice by mail of the meeting at which the proposed amendment will be considered must be given to the last known owner or owners of each tract of land proposed to be added or removed.

      3.  The amount of taxes to be allocated to a tax increment account pursuant to section 61 of this act must be computed separately for the original tax increment area and each addition of land thereto.

      Sec. 61.  After the effective date of the ordinance, including any supplemental ordinance adopted pursuant to section 60 of this act, unconditionally ordering the undertaking and providing for financing by tax increment, any taxes levied upon taxable property in the tax increment area each year by or for the benefit of the state, the municipality and any public body must be divided as follows:

      1.  That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of those taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area as shown upon the assessment roll used in connection with the taxation of the property by the taxing agency, last equalized before the effective date of the ordinance, must be allocated to and when collected must be paid into the funds of the respective taxing agencies as taxes by or for the taxing agencies as taxes on all other property are paid.

      2.  The portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking.

 


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ê1983 Statutes of Nevada, Page 1992 (Chapter 614, AB 508)ê

 

amount must be allocated to and when collected must be paid into the tax increment account pertaining to the undertaking to pay the bond requirements of loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the municipality to finance or refinance, in whole or in part, the undertaking. Unless the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area as shown by the last equalized assessment roll referred to in subsection 1, all of the taxes levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

For the purposes of this section, the last equalized assessment roll referred to in subsection 1 is the assessment roll in existence on the 15th day of March immediately preceding the effective date of the ordinance.

      Sec. 62.  1.  The municipality may issue, to defray wholly or in part the cost of any undertaking, the following securities:

      (a) Notes;

      (b) Warrants;

      (c) Interim debentures;

      (d) Bonds; and

      (e) Temporary bonds.

      2.  Any net revenues derived from the operation of the project or projects acquired, improved or equipped, or any combination thereof, as part of the undertaking must be pledged for the payment of any such securities. The securities must be made payable from any such net pledged revenues as the bond requirements become due from time to time by the bond ordinance, trust indenture or other proceedings which authorize the issuance of the securities or otherwise pertain to their issuance.

      3.  Additionally, the securities:

      (a) Must be made payable from tax proceeds accounted for in the tax increment account; and

      (b) May, at the municipality’s option, be made payable from taxes levied by the municipality against all taxable property within the municipality, without limitation of rate or amount except for the limitation provided in section 2 of article 10 of the Nevada constitution.

The municipality may also issue general obligation securities other than the ones authorized by this chapter which are made payable from taxes without also making the securities payable from any net pledged revenues or tax proceeds accounted for in a tax increment account, or from both of those sources of revenue.

      4.  Any securities payable only in the manner provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3, are special obligations of the municipality, are not in their issuance subject to any debt limitation imposed by law, and while they are outstanding do not exhaust the municipality’s debt incurring power, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided in this chapter, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.

 


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ê1983 Statutes of Nevada, Page 1993 (Chapter 614, AB 508)ê

 

of subsection 3, are special obligations of the municipality, are not in their issuance subject to any debt limitation imposed by law, and while they are outstanding do not exhaust the municipality’s debt incurring power, and may be issued under the provisions of the Local Government Securities Law, except as otherwise provided in this chapter, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as provided in the Local Government Securities Law.

      5.  Any securities payable from taxes in the manner provided in paragraph (b) of subsection 3, regardless whether they are also payable in the manner provided in paragraph (a) of subsection 3 or in both subsection 2 and paragraph (a) subsection 3, are general obligations of the city, are in their issuance subject to such debt limitation and, while they are outstanding, do exhaust the municipality’s debt incurring power, and may be issued under the provisions of the Local Government Securities Law only after the issuance of municipal bonds is approved under the provisions of:

      (a) NRS 350.001 to 350.006, inclusive; and

      (b) NRS 350.010 to 350.070, inclusive,

except for the issuance of notes or warrants under the Local Government Securities Law which are payable out of the current year’s revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of such bond approval under the two acts designated in paragraphs (a) or (b).

      6.  In the proceedings for the advancement of money, or the making of loans, or the incurrence of any indebtedness, whether funded, refunded, assumed or otherwise, by the municipality to finance or refinance, in whole or in part, the undertaking, the portion of taxes mentioned in subsection 2 of section 61 of this act must be irrevocably pledged for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in the Local Government Securities Law pertaining to net pledged revenues are applicable to such a pledge to secure the payment of tax increment bonds.

      Sec. 63.  The municipality may:

      1.  Accept contributions or loans from the Federal Government, the state or any public body, or any combination thereof, for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise pertaining to an undertaking in which the municipality is authorized to engage, and may enter into contracts and cooperate with, and accept cooperation from, the Federal Government, the state or any public body, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise in accordance with any legislation which Congress, the state legislature or the governing body of any public body, or any combination thereof, may have adopted before or may adopt on or after July 1, 1983, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and may do any or all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation enacted before, on or after July 1, 1983.

 


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

ê1983 Statutes of Nevada, Page 1994 (Chapter 614, AB 508)ê

 

legislature or the governing body of any public body, or any combination thereof, may have adopted before or may adopt on or after July 1, 1983, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body, or any combination thereof, in the planning, acquisition, improvement, equipment, maintenance and operation or in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation, costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and may do any or all things necessary in order to avail itself of such aid, assistance and cooperation under any federal or state legislation enacted before, on or after July 1, 1983.

      2.  Enter into, without any election, joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements for any term not exceeding 50 years, with the Federal Government, the state and any public body, or any combination thereof, concerning the undertaking, and any project or property pertaining thereto, whether acquired by the city, by the Federal Government, by the state or by any public body, and may accept grants and contributions from the Federal Government, the state, any public body or any person, or any combination thereof in connection therewith.

      3.  Enter into and perform, without any election, when determined by the governing body of the municipality to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person, or any combination thereof, for the provision and operation by the municipality of any facilities whether or not pertaining to the undertaking of the municipality or any project relating thereto and the payment periodically thereby to the municipality of amounts at least sufficient, if any, in the determination of the governing body, to compensate the municipality for the cost of providing, operating and maintaining the facilities serving the Federal Government, the state, the public body or the person, or otherwise.

      4.  Enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person, or combination thereof, for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the municipality or to any undertaking or any project of the municipality, or otherwise, including without limitation, any contract or agreement for any term not exceeding 50 years.

 


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

ê1983 Statutes of Nevada, Page 1995 (Chapter 614, AB 508)ê

 

      5.  Cooperate with the act in conjunction with the Federal Government, or any of its engineers, officers, boards, commissions or departments, or with the state, or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the municipality or for any other works, acts or purposes provided for herein, and may adopt and carry out any definite plan or system of work for any such purpose.

      6.  Cooperate with the Federal Government, the state or any public body, or any combination thereof, by an agreement therewith by which the municipality may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights of way necessary for the acquisition, improvement or equipment, or any combination thereof, of any properties pertaining to the undertaking or any other facilities;

      (b) Hold and save harmless the cooperating entity free from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation, or any combination thereof, of any facilities;

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity; and

      (d) Adopt and enforce regulations, if any, concerning the facilities and satisfactory to the cooperating entity.

      7.  Provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:

      (a) For the joint use of personnel, equipment and facilities of the municipality, the Federal Government, the state and any public body, or any combination thereof, including without limitation, public buildings constructed by or under the supervision of the governing body of the municipality or the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the municipality as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the municipality, the Federal Government, the state, any such public body and any persons of interest, as the case may be; and

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities, any project or the undertaking, now existing or hereafter established in the municipality, upon such terms and conditions as may be determined for the equitable apportionment of the expenses therefrom resulting.

      8.  In connection with any facilities of the municipality or any part of the facilities, acquired or proposed in connection with an undertaking, or with any project, consult with any regulatory or other agency of the Federal Government, the state or any public body and submit plans, specifications or other instruments or documents, or any combination thereof, to each such governmental agency for its review, recommendations and other comments.

 


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

ê1983 Statutes of Nevada, Page 1996 (Chapter 614, AB 508)ê

 

      Sec. 64.  1.  This chapter, without reference to other statutes of the state, except as otherwise expressly provided in this chapter, constitutes full authority for the exercise of powers granted in this chapter.

      2.  No other law with regard to the exercise of any power granted in this chapter that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done applies to any acts taken under this chapter, except as provided in this chapter.

      3.  The powers conferred by this chapter are in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter do not affect the powers conferred by, any other law.

      Sec. 65.  Chapter 356 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The state, and the city or county within whose jurisdiction is located a specially benefited zone designated and approved under sections 3 to 31, inclusive, of this act, shall give preference in its deposits of public money to banks, credit unions and savings and loan associations qualified to receive public money which are located within the specially benefited zone and are making loans to businesses located within the zone.

      Sec. 66.  Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Each person who holds a valid certificate, issued under section 31 of this act, as a qualified business within a specially benefited zone may file for a credit or refund to recover the amount of tax paid under this chapter for all tangible personal property purchased in the conduct of its business for the period, not to exceed 5 years, stated in its agreement with the city or county, as the case may be, made under section 31 of this act, or until the person is no longer certified as a qualified business under that section, whichever occurs first.

      2.  Claims for credit or refund may be filed under this section only if:

      (a) The city or county which designated the specially benefited zone has adopted an ordinance authorizing such claims; and

      (b) This benefit is specified in the agreement made under section 31 of this act.

      Sec. 67.  (Deleted by amendment.)

 

________

 

 


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

ê1983 Statutes of Nevada, Page 1997ê

 

CHAPTER 615, AB 558

Assembly Bill No. 558–Committee on Commerce

CHAPTER 615

AN ACT relating to racing; removing, for a specified period, the minimum number of days of horse racing as a condition for a license to conduct greyhound racing; providing for the capital improvement and maintenance of Las Vegas Downs; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 466 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  1.  The Nevada gaming commission may issue a license to conduct greyhound racing in a county whose population is 250,000 or more on a condition that the licensee will provide for horse racing on at least 50 days in each year, beginning July 1, 1988. The commission may waive the required number of days of horse racing for such reasons as a natural disaster, contractual disputes or a strike. Of the number of days required for horse racing, no more than 10 may be credited for horse racing which is conducted by an agricultural association, county fair or other organization not for profit which is authorized by the commission to do so.

      2.  If, as a result of the completion of a suitable track for horse races as determined by the commission, such a licensee is able to race horses before July 1, 1988, he shall provide for horse racing on at least 40 days in each subsequent period of 365 days until July 1, 1988. No more than 6 days of the number of days so required for horse racing may be credited for horse racing which is conducted by an agricultural association, county fair or other organization not for profit authorized by the commission to do so.

      Sec. 3.  1.  The Nevada gaming commission may issue a license to conduct greyhound racing in a county whose population is less than 250,000 only on the condition that beginning in 1988, the licensee:

      (a) Provide for horse racing at least 40 days in each year; or

      (b) Unless there are 40 or more days of horse racing, approved by the Nevada racing commission, conducted within 100 miles of his track, pay to the commission $200,000 for each year or an amount equal to 0.5 percent of all pari-mutuel money handled, whichever is greater, to be distributed by that commission as additional purses for horses racing in this state. If fewer than 40 days of horse racing are so conducted, the amount required by the preceding sentence is reduced by a proportion equal to the ratio of days of horse racing actually conducted to days of greyhound racing actually conducted. The percentage required by this paragraph must be paid daily, and any further amount required must be paid at the close of dog racing for the calendar year.

      2.  The Nevada racing commission shall apportion $1,000 of the money collected under paragraph (b) of subsection 1 to be distributed at each track where horse racing is conducted on each day of racing authorized by that commission, and the remainder of the money among those tracks in proportion to the pari-mutuel money handled by each.

 


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

ê1983 Statutes of Nevada, Page 1998 (Chapter 615, AB 558)ê

 

money collected under paragraph (b) of subsection 1 to be distributed at each track where horse racing is conducted on each day of racing authorized by that commission, and the remainder of the money among those tracks in proportion to the pari-mutuel money handled by each.

      Sec. 4.  On any number of the days required for horse racing by section 3 of this act, horse racing may be conducted by an agricultural association, county fair or other organization not for profit which is authorized by the commission to do so, and the licensee to conduct dog racing must be credited with 6 days toward the required 40 days even if no horse racing or fewer than 6 days is actually conducted by any such organization.

      Sec. 5.  The decision of the Nevada racing commission on the award of all dates, the conduct of races and any other matter concerning racing which is not expressly conferred upon the Nevada gaming commission, is final, but the Nevada racing commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.

      Sec. 6.  1.  Before the running of any race meet licensed by the Nevada racing commission, the licensee shall post with the commission cash not to exceed $50,000 or a bond payable to the State of Nevada in such amount, not to exceed $50,000, as the commission deems necessary, issued by a corporate surety authorized to do business in this state, conditioned for the payment of all money due to the state, the payment of purses to the participants, and the employees of the licensee. After the race meet the posted cash or bond must be returned or exonerated as the case may be, upon full performance by the licensee.

      2.  Agricultural associations conducting race meets are exempt from the requirements of subsection 1.

      Sec. 7.  A licensee holding a license to conduct greyhound racing shall not sell any stock in the enterprise to the public.

      Sec. 7.5.  NRS 466.080 is hereby amended to read as follows:

      466.080  1.  The racing commission fund is created as a special revenue fund, from which the commission may pay, within the limits of legislative authorization, its expenses for the administration of this chapter.

      2.  The commission shall distribute the proceeds of the taxes collected pursuant to NRS 466.120 and subsection 1 of NRS 466.125 in the following order of priority:

      (a) One percent of all pari-mutuel money handled on greyhound races , and on horse races which are not conducted by a state fair association, agricultural society, county fair and recreation board or other association to which state or county aid is given, to the city in which the races are conducted or, if the races are conducted outside any city, to the county in which they are conducted.

 


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

ê1983 Statutes of Nevada, Page 1999 (Chapter 615, AB 558)ê

 

      (b) The amount authorized by the legislature, less any amount deposited pursuant to subsection 3, to the racing commission fund.

      (c) The remainder to the state general fund.

      3.  The commission shall deposit with the state treasurer for credit to the racing commission fund an amount of the proceeds of the tax imposed by subsection 2 of NRS 466.125, not to exceed the amount authorized for the expenditures of the commission by the legislature, which equals its costs apportioned to the race tracks and pay the remainder to each county agricultural association in proportion to the amount of taxes paid to the commission by each association.

      Sec. 8.  NRS 466.100 is hereby amended to read as follows:

      466.100  1.  Any natural person, association or corporation desiring to conduct racing within the State of Nevada must apply to the state gaming control board for a license so to do. The application must be in such form and supply such data and information as the board prescribes.

      2.  The board shall investigate the applicant, and any other person whom it believes necessary to determine the applicant’s suitability to receive a license to conduct racing. The cost of the investigation must be paid by the applicant. The board shall recommend in writing to the Nevada gaming commission either approval or denial of the license. If denial is recommended, the board shall prepare and file with the commission its written reasons for that recommendation. If the board recommends denial, the Nevada gaming commission may grant the license only by unanimous vote of the members present.

      3.  [The decision of the Nevada racing commission on the award of all dates, the conduct of races and any other matter concerning racing which is not expressly conferred upon the Nevada gaming commission, is final, but the commission shall, in awarding dates, give preference to agricultural associations for the dates on which each has conducted racing in previous years.

      4.]  The Nevada gaming commission may revoke, modify or suspend a license or refuse to issue a license if it has reasonable cause to believe that the public interest can best be served by such an action. No license may be revoked or suspended until after a hearing held by that commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such an action must be written in full in the records of [that] the commission. The action of [that] the Nevada gaming commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.

      [5.  The Nevada gaming commission may issue a license to conduct greyhound racing:

      (a) In a county whose population is 250,000 or more:

             (1) Only if the license is issued in conjunction with a license to conduct horse racing and for a track on which horse racing is actually conducted, unless the Nevada gaming commission, for good cause, modifies or waives those requirements for a period not exceeding 1 year after the date of opening; and

 

 


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

ê1983 Statutes of Nevada, Page 2000 (Chapter 615, AB 558)ê

 

conducted, unless the Nevada gaming commission, for good cause, modifies or waives those requirements for a period not exceeding 1 year after the date of opening; and

             (2) Only on a condition that the licensee provide for horse racing at least 40 days in each year. On any number of these required days, horse racing may be conducted by an agricultural association, county fair or other organization not for profit which is authorized by the commission to do so, and the licensee to conduct dog racing must be credited with 6 days toward the required 40 days even if no horse racing or fewer than 6 days is actually conducted by any such organization.

      (b) In any other county, only if the licensee:

             (1) Provides for horse racing as required under paragraph (a); or

             (2) Unless there are 40 or more days of horse racing, approved by the Nevada racing commission, conducted within 100 miles of his track, pays to the commission $200,000 for each year or an amount equal to 0.5 percent of all pari-mutuel money handled, whichever is greater, to be distributed by that commission as additional purses for horses racing in this state. If fewer than 40 days of horse racing are so conducted, the amount required by the preceding sentence is reduced by a proportion equal to the ratio of days of horse racing actually conducted to days of greyhound racing actually conducted. The percentage required by this subparagraph must be paid daily, and any further amount required must be paid at the close of dog racing for the calendar year. The Nevada racing commission shall apportion $1,000 to be distributed at each track where horse racing is conducted on each day of racing authorized by that commission, and the remainder of the money among those tracks in proportion to the pari-mutuel money handled by each.

      6.  Before the running of any race meet licensed by the Nevada racing commission, the licensee shall post with that commission cash not to exceed $50,000 or a bond payable to the State of Nevada in such amount, not to exceed $50,000, as that commission deems necessary, issued by a corporate surety authorized to do business in this state, conditioned for the payment of all money due to the state, the payment of purses to the participants, and the employees of the licensee. After the race meet the posted cash or bond must be returned or exonerated as the case may be, upon full performance by the licensee. Agricultural associations conducting race meets are exempt from this subsection.

      7.  A licensee holding a license to conduct greyhound racing shall not sell any stock in the enterprise to the public.

      8.]4.  A license to conduct horse or dog racing issued by the Nevada gaming commission or the Nevada racing commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.

 


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

ê1983 Statutes of Nevada, Page 2001 (Chapter 615, AB 558)ê

 

      Sec. 9.  NRS 466.115 is hereby amended to read as follows:

      466.115  A license shall not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless:

      1.  The second track is a county fair race meeting authorized by the commission which does not exceed 6 days in duration during that calendar year; or

      2.  One of the tracks has qualified for licensing under [subparagraph (2) of] paragraph (b) of subsection [5 of NRS 466.100.] 1 of section 3 of this act.

      Sec. 10.  For the purposes of improving and maintaining a track suitable for racing horses at Las Vegas Downs, the Nevada racing commission shall establish and administer a trust account in a financial institution licensed in this state. The account must bear interest. The trustees of the account must be one person representing the commission and one person representing a person, association or corporation licensed to conduct greyhound racing in a county whose population is 250,000 or more.

      Sec. 11.  Notwithstanding the provisions of NRS 466.080, 466.125, 466.153 and 466.159, beginning July 1, 1983:

      1.  A person, association or corporation licensed to conduct greyhound racing in a county whose population is 250,000 or more shall pay to the Nevada racing commission:

      (a) All odd cents less than 10 cents per dollar deducted from paid bets pursuant to subsection 2 of NRS 466.151;

      (b) The money which accrues from all outstanding pari-mutuel tickets which are not cashed in within 90 days after the date of their purchase or 10 days after the close of any race meeting; and

      (c) One percent of the gross amount of pari-mutuel money it handles for greyhound racing, in addition to the taxes imposed by chapter 466 of NRS.

      2.  The Nevada racing commission shall deposit in the trust account established pursuant to section 10 of this act:

      (a) All money received pursuant to subsection 1;

      (b) One percent of all pari-mutuel money handled on which a tax was paid to the commission pursuant to NRS 466.125 for the use of the state; and

      (c) One fourth of the money directed to be distributed to the city or county pursuant to NRS 466.080.

      Sec. 12.  Upon the authorization of the Nevada racing commission, the money in the trust account may be expended only for:

      1.  The capital improvement of Las Vegas Downs to make it suitable for racing horses and accommodating related pari-mutuel wagering;

      2.  The maintenance of the race track and facilities for related pari-mutuel wagering at Las Vegas Downs; and

 


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

ê1983 Statutes of Nevada, Page 2002 (Chapter 615, AB 558)ê

 

      3.  The repayment, with interest, of any debt incurred for the capital improvement of Las Vegas Downs.

      Sec. 13.  1.  Upon the order of the Nevada racing commission, the licensee shall begin the capital improvement of Las Vegas Downs to make it suitable for racing horses and accommodating the related pari-mutuel wagering.

      2.  The licensee shall submit the plans and specifications for the capital improvement to the Nevada racing commission for its approval.

      3.  The Nevada racing commission may adopt such regulations as are necessary for the successful improvement and maintenance of Las Vegas Downs, including matters such as the disbursement and accounting of the money in the trust account established for this purpose.

      Sec. 13.5.  1.  The person who is licensed to conduct horse racing at Las Vegas Downs shall immediately pay into the trust account the sums of $50,000 to pay the initial expenses of the racing commission in regulating racing at Las Vegas Downs.

      2.  The money paid into the trust account pursuant to subsection 1 must within 1 year after the money is deposited in the account be repaid in full to the licensee at the time and in the manner and amount determined by the Nevada racing commission. Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 466.080, the commission shall repay the licensee from the state’s share of the proceeds of the tax which is collected from money handled on greyhound races at Las Vegas Downs pursuant to subsection 1 of NRS 466.125, before distributing the state’s share of that tax to the state general fund.

      Sec. 14.  When the capital improvement of Las Vegas Downs necessary to make it suitable for racing horses and accommodating the related pari-mutuel wagering is completed and any related debt is repaid:

      1.  The money in the trust account must be used in equal portions for:

      (a) Capital improvements of Las Vegas Downs which relate to the track for racing horses; and

      (b) The purposes of NRS 466.085.

      2.  The licensee need no longer pay to the commission the additional one percent of the gross amount of pari-mutuel money it handles for greyhound racing previously required by section 11 of this act.

      3.  The commission shall no longer deposit in the trust account money other than that received from the licensee pursuant to paragraphs (a) and (b) of section 11 of this act.

      4.  The secretary of the commission shall certify to the legislative counsel the date on which repayment of the debt is completed or the capital improvement is completed, whichever is later.

 


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

ê1983 Statutes of Nevada, Page 2003 (Chapter 615, AB 558)ê

 

      Sec. 15.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 616, AB 412

Assembly Bill No. 412–Committee on Commerce

CHAPTER 616

AN ACT relating to community antenna television companies; transferring their regulation from the public service commission to certain cities and counties; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.855 is hereby amended to read as follows:

      704.855  1.  “Public utility” or “utility” includes those public utilities as defined in NRS 704.020, any oil pipeline carrier [as] described and regulated under chapter 708 of NRS, and any [CATV] community antenna television company in a county having a population of less than 250,000, as defined in NRS 711.030.

      2.  “Public utility” also includes any plant or equipment within this state used directly or indirectly for the generation and transmission of electrical energy, except plants or equipment used to generate electrical energy that is wholly consumed on the premises of and by the producer thereof.

      Sec. 2.  Chapter 711 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 3.  “Governing body” means the board or council or other body in which the general legislative powers of a local government are vested.

      Sec. 4.  “Local government” means any city or county which has the power to grant a franchise under section 5 of this act.

      Sec. 5.  Except as otherwise provided in NRS 318.1194:

      1.  A city council may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

      2.  A county may grant a franchise to a community antenna television company for the construction, maintenance and operation of a community antenna television system which requires the use of the property of the county or any town in the county or that portion of the county or town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of a television picture.

 


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

ê1983 Statutes of Nevada, Page 2004 (Chapter 616, AB 412)ê

 

      Sec. 6.  A governing body shall not refuse to renew the franchise of a community antenna television company unless it finds that:

      1.  The ability of the company to provide services to its subscribers has substantially changed;

      2.  The company substantially failed to comply with a term or condition of the franchise;

      3.  The quality of the transmissions of the company have consistently failed to meet the standards for transmissions adopted by the Federal Communications Commission;

      4.  The company failed to comply with a requirement for the setting aside of additional channels or for additional facilities which requirement is reasonable and based upon the needs of the subscribers within the jurisdiction of the local government; or

      5.  The company refused to accept a reasonable term or condition which the governing body proposed to add to the franchise.

      Sec. 7.  1.  The total amount of fees paid in any one year to a local government for a franchise must not exceed 5 percent of the company’s gross revenue for the preceding year.

      2.  In determining the gross revenue of a company the governing body shall:

      (a) Consider any applicable regulations of the Federal Communications Commission; and

      (b) Deduct an amount equal to any fees or annual assessment paid by the company for:

             (1) The use of pay or premium channels; and

             (2) Regulation as a public utility under the jurisdiction of the commission.

      Sec. 8.  The provisions of sections 9, 10 and 11 of this act apply only in counties having a population of 250,000 or more.

      Sec. 9.  1.  Except with respect to reasonable promotional activities, a person shall not advertise, offer to provide or provide any service to subscribers of television services at a rate, including any rebate, less than the cost to the company to provide the service which is advertised, offered or provided with the intent to:

      (a) Impair fair competition or restrain trade among companies which provide services in the same area; or

      (b) Create a monopoly.

      2.  For the purposes of this section, “cost” means the expense of doing business including, without limitation, expenses for labor, rent, depreciation, interest, maintenance, delivery of the service, franchise fees, taxes, insurance and advertising.

      3.  A community antenna television company shall not offer any services which are offered in the same area by a telephone company pursuant to rates or regulations approved by the commission.

      4.  A violation of subsection 1 constitutes a prohibited act under NRS 598A.060. The attorney general and any other person may exercise the powers conferred by that chapter to prevent, remedy or punish such a violation.

 


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

ê1983 Statutes of Nevada, Page 2005 (Chapter 616, AB 412)ê

 

such a violation. The provisions of chapter 598A of NRS apply to any such violation.

      Sec. 10.  The local government may adopt an ordinance establishing procedures to resolve subscribers’ complaints. The ordinance must include procedures for administrative hearings and appeals and may include a penalty of not more than $200 for each complaint. Before adopting the ordinance, the governing body shall give the community antenna television company at least 15 days’ notice of the adoption of the ordinance.

      Sec. 11.  In determining whether to grant a franchise the governing body shall consider the:

      1.  Suitability of the applicant;

      2.  Financial responsibility of the applicant; and

      3.  Ability of the applicant to perform efficiently the service for which authority is requested.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 711.020 is hereby amended to read as follows:

      711.020  The words and phrases used in this chapter have the meanings ascribed to them in NRS 711.030 to 711.070, inclusive, and sections 3 and 4 of this act, unless a different meaning clearly appears in the context.

      Sec. 14.  NRS 711.030 is hereby amended to read as follows:

      711.030  [“CATV] “Community antenna television company” means any person or organization which owns, controls, operates or manages a community antenna television system, except that such definition does not include:

      1.  A telephone, telegraph or electric utility regulated by the commission [in a case] where [it] the utility merely leases or rents to a [CATV] community antenna television company wires or cables for the redistribution of television signals to or toward subscribers of [such CATV] that company; or

      2.  A telephone or telegraph utility regulated by the commission [in a case] where [it] the utility merely provides channels of communication [channel service] under published tariffs filed with the commission to a [CATV] community antenna television company for the redistribution of television signals to or toward subscribers of [such CATV] that company.

      Sec. 15.  NRS 711.040 is hereby amended to read as follows:

      711.040  1.  [“CATV] “Community antenna television system” means any facility within this state which is constructed in whole or in part in, on, under or over any highway or other public place and which is operated to perform for hire the service of receiving and amplifying the signals broadcast by one or more television stations or provided for public, educational or governmental purposes and redistributing [such] those signals by wire, cable or other means of closed transmission to members of the public who subscribe to [such] the service.

      2.  Such [definition] a system does not include [:

 


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ê1983 Statutes of Nevada, Page 2006 (Chapter 616, AB 412)ê

 

      (a) Any system which serves fewer] any system which serves:

      (a) Fewer than 50 subscribers; or

      (b) [Any system which serves only] Only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of [such] those dwellings if the buildings are separated by not more than one public street or right of way.

      3.  As used in this section, “apartment dwelling” does not include a hotel, motel, condominium, town house or other similar dwelling.

      Sec. 16.  NRS 711.060 is hereby amended to read as follows:

      711.060  “Facility” means all real property, antennae, poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by a [CATV] community antenna television company [in providing] to provide service to its subscribers.

      Sec. 17.  NRS 711.080 is hereby amended to read as follows:

      711.080  1.  Upon investigation, the legislature of the State of Nevada has determined that the rates, services and operations of community antenna television companies are affected with a public interest.

      2.  It is the intent of the legislature in the enactment of this chapter to:

      (a) Provide fair regulation of [CATV] those companies in the interest of the public, to promote adequate, economical and efficient [CATV system] services to citizens and residents of this state;

      (b) [Provide just and reasonable rates and charges for CATV system services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices;] Encourage competition among those companies and the development of new technology in counties having a population of 250,000 or more;

      (c) Encourage and promote harmony between [CATV] those companies and their subscribers;

      (d) Cooperate with other states and with the Federal Government in promoting and coordinating efforts to regulate effectively [CATV] those companies in the public interest; and

      (e) [Vest authority in the commission to regulate CATV companies generally and their rates, services and operations, in the manner and in accordance with the policies set forth in this chapter.] Establish guidelines for the regulation of community antenna television companies;

      Sec. 18.  The provisions of NRS 711.090 to 711.170, inclusive, do not apply to counties having a population of 250,000 or more.

      Sec. 19.  NRS 711.090 is hereby amended to read as follows:

      711.090  In determining whether a certificate of public convenience and necessity should be issued to a [CATV] community antenna television company the commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, and the ability of the applicant to perform efficiently the service for which authority is requested.

 


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ê1983 Statutes of Nevada, Page 2007 (Chapter 616, AB 412)ê

 

      Sec. 20.  NRS 711.095 is hereby amended to read as follows:

      711.095  Before the commission issues a certificate of public convenience and necessity to any [CATV] community antenna television company in any county having a population of less than 100,000, where a general improvement district has been organized which exercises the powers conferred by NRS 318.1192, [it] the commission shall notify the board of county commissioners in that county of its readiness to issue the certificate. The certificate [shall] must not be issued unless it is approved by the qualified electors of the district in the manner prescribed in NRS 318.1194.

      Sec. 21.  NRS 711.110 is hereby amended to read as follows:

      711.110  The commission may, after affording an opportunity for hearing, order a [CATV] community antenna television company to:

      1.  Construct and operate any reasonable extension of its existing [CATV] system within the [certificated] territory [; or] for which it has been granted a certificate of public convenience and necessity; or

      2.  Make any reasonable repair or improvement of or addition to such system.

      Sec. 22.  NRS 711.120 is hereby amended to read as follows:

      711.120  The commission shall from time to time visit the places of business and other premises and examine the records and facilities of [all CATV] the community antenna television companies within its jurisdiction to ascertain [if such] whether those companies have complied with the [rules and] regulations and orders of the commission.

      Sec. 23.  NRS 711.140 is hereby amended to read as follows:

      711.140  The commission shall supervise and regulate every [CATV] community antenna television company operating within this state and its property, easements, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this chapter, and to do all things whether specifically designated in this chapter or chapter 704 of NRS or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction.

      Sec. 24.  NRS 711.150 is hereby amended to read as follows:

      711.150  1.  Every [CATV] community antenna television company and every person and organization providing any service, equipment or facilities thereto shall provide safe and adequate service, equipment and facilities for the operation of its [CATV] community antenna television system.

      2.  No [CATV] community antenna television company may demand or receive a greater, less or different compensation for providing [CATV] service than the rates and charges specified in the tariff in effect at the time.

      3.  All rates, charges and classifications for the service rendered by a [CATV company shall] company must be just and reasonable.

      4.  No [CATV] company may make any unjust or unreasonable discrimination in rates, charges, classifications, practices, regulations, facilities or services for or in connection with [like] its service, directly or indirectly, by any means or device, or make or give any undue or unreasonable preference or advantage to any particular person, class of persons or locality, or subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.

 


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ê1983 Statutes of Nevada, Page 2008 (Chapter 616, AB 412)ê

 

facilities or services for or in connection with [like] its service, directly or indirectly, by any means or device, or make or give any undue or unreasonable preference or advantage to any particular person, class of persons or locality, or subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.

      5.  Every [CATV] community antenna television company and other person and organization shall obey and comply with the [rules,] regulations and orders adopted by the commission under the provisions of this chapter.

      Sec. 25.  NRS 711.160 is hereby amended to read as follows:

      711.160  [1.]  Upon the prior approval of the commission, any person or organization may contract to lease or rent facilities to a [CATV] community antenna television company or to provide it with channels of communication [channel service] for the redistribution of television signals to or toward the subscribers of [such CATV] that company.

      [2.  Any such contract which is in effect on July 1, 1967, and which will be in effect for a period of more than 90 days thereafter shall be submitted to the commission for approval within 90 days after July 1, 1967, and if such contract is disapproved it shall become void.]

      Sec. 26.  NRS 711.170 is hereby amended to read as follows:

      711.170  No [CATV] community antenna television company operating or managing a [CATV] community antenna television system may combine, merge or consolidate with, or acquire control of, another organization in this state without first obtaining the approval of the commission, which [shall] may be granted only after an investigation and finding that [such] the proposed combination, merger, consolidation or acquisition is in the public interest.

      Sec. 27.  NRS 37.010 is hereby amended to read as follows:

      37.010  Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:

      1.  Federal activities.  All public uses authorized by the Government of the United States.

      2.  State activities.  Public buildings and grounds for the use of the state, the University of Nevada and all other public uses authorized by the legislature.

      3.  County, city, town and school district activities.  Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.

 


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ê1983 Statutes of Nevada, Page 2009 (Chapter 616, AB 412)ê

 

for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      4.  Bridges, toll roads, railroads, street railways and similar uses.  Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      5.  Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation.  Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      6.  Mining, smelting and related activities.  Mining, smelting and related activities as follows:

      (a) Mining and related activities, which are recognized as the paramount interest of this state.

      (b) Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.

      7.  Byroads.  Byroads leading from highways to residences and farms.

      8.  Public utilities.  Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.

      9.  Sewerage.  Sewerage of any city, or town, or of any settlement of not less than 10 families, or of any public building belonging to the state, or of any college or university.

      10.  Water for generation and transmission of electricity.  Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat.

      11.  Cemeteries, public parks.  Cemeteries or public parks.

      12.  Pipe lines of beet sugar industry.  Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.

      13.  Pipe lines for petroleum products, natural gas.  Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

 


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ê1983 Statutes of Nevada, Page 2010 (Chapter 616, AB 412)ê

 

the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      14.  Aviation.  Airports, air navigation facilities and aerial rights of way.

      15.  Monorails.  Monorails and any other overhead or underground system used for public transportation.

      16.  Community antenna television companies.  Community antenna television companies which have received a certificate of public convenience and necessity from the public service commission of Nevada, or, in counties having a population of 250,000 or more companies which have been granted a franchise from the governing body of the jurisdictions in which they provide services, including the right to use the wires, conduits, cables or poles of any other public utility when:

      (a) It creates no substantial detriment to the service provided by the utility;

      (b) It causes no irreparable injury to the utility; and

      (c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed exercise of the power of eminent domain, has found that such exercise is in the public interest.

      Sec. 28.  NRS 269.125 is hereby amended to read as follows:

      269.125  [1.  In addition to the powers and jurisdiction conferred by other laws, the] The town board or board of county commissioners [shall have the power and duty to] may hold, manage, use and dispose of the real and personal property of any unincorporated town or city and the board of county commissioners shall collect all dues and demands belonging to or coming to the same. No sale of any such property [shall] may be made until after it [be] is appraised by three appraisers, taxpayers of the town or city, appointed by a district judge of the county, at the actual market value, nor [shall] may it be sold for less than three-fourths of [such] the appraised value.

      [2.  Except as provided in NRS 318.1194, the boards of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association, with the approval of the town board involved, a franchise to construct, maintain and operate a television installation system which requires the use of the property of any unincorporated town in the county or that portion of the unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 709 of NRS shall not be applicable to any franchise granted under the provisions of this subsection.]

      Sec. 29.  NRS 318.1193 is hereby amended to read as follows:

      318.1193  No district proposing to furnish television facilities, as provided in NRS 318.1192, may be organized which includes any area already served by a community antenna television company [which possesses a certificate of public convenience and necessity from the public service commission of Nevada unless] unless:

 

 


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ê1983 Statutes of Nevada, Page 2011 (Chapter 616, AB 412)ê

 

possesses a certificate of public convenience and necessity from the public service commission of Nevada unless] unless:

      1.  In counties having a population of less than 250,000, application is made to the public service commission of Nevada and the commission determines it necessary to revoke in whole or in part the certificate of the community antenna television company for the area involved [.] ; or

      2.  In counties having a population of more than 250,000, the governing body of the local government which granted a franchise to the community antenna television company determines that both the company and the district may furnish service to that area.

      Sec. 30.  NRS 318.1194 is hereby amended to read as follows:

      318.1194  1.  In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 100,000, no franchise may be granted under [NRS 244.185, 266.305, 268.085 and 269.125] section 5 of this act and no certificate of public convenience and necessity may be issued under chapter 711 of NRS, unless approved by the qualified electors of such district.

      2.  The board of county commissioners of the county where such a district is located shall order that the question of approval of the franchise or certificate be voted upon by the qualified electors of [such] the district not less than 30 days nor more than 90 days after the franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue the certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the [vote shall] election must be held at the same time as the primary or general election. The general election laws of the state apply to any special election held under the provisions of this section.

      Sec. 31.  NRS 598A.040 is hereby amended to read as follows:

      598A.040  The provisions of this chapter do not apply to:

      1.  Any labor, agricultural or horticultural organizations organized for the purpose of self-help and not for profit to itself nor to individual members thereof, while lawfully carrying out its legitimate objects.

      2.  Bona fide religious and charitable activities of any nonprofit corporation, trust or organization established exclusively for religious or charitable purposes.

      3.  Conduct which is expressly authorized, regulated or approved by:

      (a) A statute of this state or of the United States;

      (b) An ordinance of any city or county of this state [;] , except for ordinances relating to community antenna television companies; or

      (c) An administrative agency of this state or of the United States or of a city or county of this state, having jurisdiction of the subject matter.

 


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ê1983 Statutes of Nevada, Page 2012 (Chapter 616, AB 412)ê

 

of a city or county of this state, having jurisdiction of the subject matter.

      4.  Conduct or agreements relating to rates, fares, classifications, divisions, allowances or charges (including charges between carriers and compensation paid or received for the use of facilities and equipment) authorized, regulated or approved by the public service commission of Nevada pursuant to chapter 706 of NRS.

      5.  Restrictive covenants:

      (a) Which are part of a contract of sale for a business and which bar the seller of the business from competing with the purchaser of the business sold within a reasonable market area for a reasonable period of time; or

      (b) Which are part of a commercial shopping center lease and which bar the parties from permitting or engaging in the furnishing of certain services or the sale of certain commodities within the commercial shopping center where such leased premises are located.

      Sec. 32.  1.  NRS 244.185, 266.305, 268.085 and 711.010 are hereby repealed.

      2.  NRS 711.100 is hereby repealed.

      Sec. 33.  In counties having a population of 250,000 or more:

      1.  From July 1, 1983, through June 30, 1984, a community antenna television company shall not construct a community antenna television system or provide services to subscribers in any area for which it has not been granted either:

      (a) A certificate of public convenience and necessity by the public service commission; or

      (b) A franchise pursuant to subsection 2.

      2.  On or before October 1, 1983, each local government shall grant a franchise to each community antenna television company which:

      (a) Has been granted a certificate of public convenience and necessity by the public service commission for an area within the local government’s jurisdiction, on or before July 1, 1983;

      (b) Has not materially breached any provision of its certificate of public convenience and necessity; and

      (c) Has requested a franchise.

      3.  The franchise granted by the local government pursuant to this section must be based on reasonable terms and conditions.

      4.  No franchises for the construction of a community antenna television system or for the provision of services by a community antenna television company other than those granted pursuant to subsection 2 may be granted before July 1, 1984.

      5.  This section does not prohibit a governing body from granting more than one franchise in its jurisdiction after July 1, 1984.

      6.  Each certificate of public convenience and necessity issued by the public service commission to a community antenna television company expires upon the granting of a franchise for the same area pursuant to subsection 2 or on June 30, 1984.

 


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ê1983 Statutes of Nevada, Page 2013 (Chapter 616, AB 412)ê

 

      Sec. 34.  Subsection 2 of section 32 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 617, SB 227

Senate Bill No. 227–Committee on Finance

CHAPTER 617

AN ACT relating to public officers and employees; increasing the amount which public agencies may pay for monthly premiums on group insurance; and providing other matters properly relating thereto.

 

[Approved May 26, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.044 is hereby amended to read as follows:

      287.044  1.  A part of the cost of the monthly premiums of that group insurance, not to exceed [$75 for the 1981-82 fiscal year or $86.25 for each fiscal year thereafter,] the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of monthly premiums must not exceed the amounts specified [in this subsection.] by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on group insurance, he must pay the difference between the amount of the premium for the coverage for himself and his dependents and the amount paid by the state under this section.

      2.  A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.

      Sec. 2.  The cost of monthly premiums which may be applied to group life, accident or health coverage for each state or other participating officer or employee by the department, agency, commission or public agency which employs the officer or employee must not exceed $103.50 for the 1983-84 fiscal year and $124.20 for each fiscal year thereafter.

 

________

 

 


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ê1983 Statutes of Nevada, Page 2014ê

 

CHAPTER 618, SB 281

Senate Bill No. 281–Senator Ashworth (by request)

CHAPTER 618

AN ACT relating to credit unions; requiring the certification of foreign credit unions and providing standards therefor; authorizing the commissioner of credit unions to order certain mergers with other credit unions; revising other provisions relating to mergers; making changes in provisions relating to incorporation, reserves, examinations and the disposition of fees; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 678 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  No credit union organized under the laws of another state may commence or transact any business or maintain an office in this state without first obtaining a certificate of authority from the commissioner.

      Sec. 3.  Each application for a certificate of authority submitted by a foreign credit union must be filed with the commissioner on a form prescribed by him and must include:

      1.  A copy of the instrument or authority by which the credit union was created and a copy of its bylaws.

      2.  A statement of its membership, if not contained in its bylaws.

      3.  A copy of the most recent report submitted by the credit union to the authorized officer of the state in which it was organized.

      4.  Any other information required by the commissioner.

      Sec. 4.  The commissioner shall issue a certificate of authority to a foreign credit union if he is satisfied that:

      1.  The members of the credit union to be served in this state are adequately protected by any form of security which is comparable to that required of credit unions organized under the provisions of this chapter.

      2.  The officer who supervises the credit union in the state in which it was organized has authorized it to do business in Nevada and agrees to furnish, upon request, copies of reports relating to the credit union.

      3.  The members to be served in this state have a need for the service.

      4.  A resident agent has been designated.

      5.  The state in which the credit union was organized issues comparable authorization to credit unions organized under the provisions of this chapter.

      Sec. 5.  A foreign credit union which has been issued a certificate of authority shall:

      1.  Serve its members in this state in accordance with its bylaws and the laws of the state in which it was organized, except where those laws conflict with the provisions of this chapter.

 


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ê1983 Statutes of Nevada, Page 2015 (Chapter 618, SB 281)ê

 

the laws of the state in which it was organized, except where those laws conflict with the provisions of this chapter.

      2.  File with the commissioner a copy of its annual report at the time it files a similar report with the officer of the state in which it was organized.

      Sec. 6.  The commissioner may:

      1.  Examine the records of any foreign credit union which holds a certificate of authority issued by the commissioner at any time he deems necessary.

      2.  Revoke a certificate of authority issued to such a credit union if he finds that the credit union has violated any provision of this chapter or the regulations of the commissioner.

      Sec. 7.  The provisions of chapter 80 of NRS which are not in conflict with the provisions of this chapter apply to any foreign credit union which holds a certificate of authority to transact business or maintain an office in this state.

      Sec. 8.  NRS 678.260 is hereby amended to read as follows:

      678.260  The commissioner shall:

      1.  Adopt a regulation establishing the minimum surety bond [coverage] required of credit unions in relation to the amount of property under their control.

      2.  Maintain the original application of every credit union in a permanent file.

      3.  Maintain for at least 6 years, every report filed by a credit union with the division.

      4.  Deposit all fees, charges for expenses, assessments and other [moneys which are] money which is collected pursuant to the provisions of this chapter or any regulation promulgated thereunder, in the state treasury to the credit of the appropriate account within the state general fund for the use of the credit union division of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter [shall] does not revert to the general fund.

      5.  Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.

      Sec. 9.  NRS 678.300 is hereby amended to read as follows:

      678.300  1.  Except for credit unions organized under the Federal Credit Union Act, all credit unions whose principal business is to borrow, loan and invest money on behalf of their members and which issue membership certificates shall be incorporated under the provisions of this chapter. For that purpose, [all] the provisions of NRS 81.410 to 81.540, inclusive, which are not in conflict with the provisions of this chapter, apply to [the rights, privileges, powers, duties and obligations of] such corporations and [of] to the officers and stockholders thereof [.] , except as otherwise provided in sections 2 to 7, inclusive, of this act.

 


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ê1983 Statutes of Nevada, Page 2016 (Chapter 618, SB 281)ê

 

      2.  A credit union organized under the provisions of this chapter has perpetual existence, subject to dissolution as provided in this chapter.

      Sec. 10.  NRS 678.310 is hereby amended to read as follows:

      678.310  1.  The secretary of state shall not issue any certificate of incorporation to any credit union authorizing it to do business in this state until the articles of incorporation are approved by the commissioner.

      2.  An amendment to such articles of incorporation may not be filed by the secretary of state without the written approval [thereof by] of the commissioner.

      3.  Not less than seven persons who are residents of Nevada, have a common bond and are of legal age who desire to organize a credit union under this chapter shall first execute in triplicate an application, upon forms to be issued by the commissioner, for permission to organize such an association. The applicants shall submit with or include in their application:

      (a) A copy of the articles of incorporation which [shall] must comply with the provisions of NRS 81.440 except where [such] those provisions conflict with the provisions of this chapter.

      (b) The par value of the shares, which [shall be in $5 multiples, not less than $5, and not more than $25.] must be $5 or some multiple thereof.

      (c) The names and addresses of the applicants and an itemized account of the financial condition of the applicants and the proposed credit union.

      (d) The name, which [shall] must include the words “credit union,” and the principal place of business.

      (e) Any [other] additional information which the commissioner may require to determine the character and responsibility of the applicants and the need for a credit union in the community to be served.

      (f) The incorporators shall submit a set of proposed bylaws to the commissioner with their application and the bylaws when approved by the commissioner are effective upon filing the articles of incorporation. The commissioner shall approve or disapprove the application within 30 days following its receipt.

      4.  Every application for permission to organize, as provided for in this section, [shall] must be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for [such] approval. The amount of the fees [shall] must be established by regulation adopted by the commissioner.

      5.  The subscribers for a credit union charter shall not transact any business until formal approval of the charter has been received.

      Sec. 11.  NRS 678.390 is hereby amended to read as follows:

      678.390  1.  The board may appoint an audit committee to make an annual audit of the financial records of the credit union and any interim audits as may be deemed necessary by the board or as may be directed by the commissioner.

 


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ê1983 Statutes of Nevada, Page 2017 (Chapter 618, SB 281)ê

 

interim audits as may be deemed necessary by the board or as may be directed by the commissioner. A copy of the report must be submitted to the board and the commissioner and a summary presented to the members at the next annual meeting.

      2.  The audit committee may by unanimous vote suspend any director, officer or member of the credit union following an audit, for any violation of this chapter, the charter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized. In such cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and the suspension must be ratified or overturned by the members.

      3.  Any member of the audit committee may be suspended by the board for the same reasons and in the same manner as provided in subsection 2.

      4.  The audit committee may by a majority vote call a special meeting of the members to consider any violation of this chapter, the charter or bylaws or any practice of the credit union deemed by the audit committee to be unsafe or unauthorized.

      5.  [In lieu of having an audit committee the] The board of directors or the audit committee may employ the services of a certified public accountant or [credit union auditing service] a registered public accountant to complete the necessary audit of the records of the credit union.

      Sec. 12.  NRS 678.400 is hereby amended to read as follows:

      678.400  1.  The board may appoint a : [credit]

      (a) Credit committee consisting of an odd number of members of the credit union, but not less than three members [.] ; or

      (b) Loan officer.

      2.  If a credit committee is appointed by the board, it shall hold such meetings as the business of the credit union may require but it shall meet at least once a month to consider applications for loans. A loan [shall] may not be made unless it is approved by a majority of the members of the committee who are present at the meeting at which the application is considered.

      3.  The credit committee may appoint a loan officer from among its members and delegate to him the power to approve loans. Only one member of the credit committee may be appointed as loan officer or assistant loan officer.

      4.  If a loan is not approved by [the] a loan officer , [appointed by the credit committee,] the [loan] application [shall] for the loan must be reviewed by the credit committee [. If reviewed, all] or the board of directors, whomever appointed the loan officer. All the members of the credit committee or the board present at the review must approve the application before the loan [is permitted.] may be made.

      5.  For purposes of internal control, a loan officer [is not permitted to] may not disburse funds of the credit union for any loan which has been approved by him in his capacity as loan officer.

 


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ê1983 Statutes of Nevada, Page 2018 (Chapter 618, SB 281)ê

 

      Sec. 13.  NRS 678.670 is hereby amended to read as follows:

      678.670  1.  Prior to the payment of any dividend, the gross earnings of the credit union must be determined. From the gross earnings a regular reserve against losses [shall] must be set aside according to the following schedule:

      (a) Until the regular reserve equals 7.5 percent of the outstanding loans and risk assets, all credit unions with assets of $500,000 or less shall withhold 10 percent of the gross earnings. Thereafter, 5 percent of the gross income [shall] must be withheld until the regular reserve reaches 10 percent of the outstanding loans and risk assets.

      (b) Whenever a credit union has assets of more than $500,000 and has been in operation for at least 4 years, it shall maintain its regular reserve as follows:

             (1) Until the regular reserve equals 4 percent of the outstanding loans and risk assets, the credit union shall withhold 10 percent of its gross earnings.

             (2) Thereafter, until the regular reserve equals 6 percent of its outstanding loan and risk assets, the credit union shall withhold 5 percent of its gross earnings.

      (c) Whenever the regular reserve falls below the required levels, it [shall] must be replenished by regular contributions sufficient to maintain the regular reserve at the levels required by paragraphs (a) and (b).

      2.  [All entrance fees, charges and transfer fees shall, after the payment of organizational expenses, be added to the regular reserve.

      3.]  The regular reserve belongs to the credit union and [shall] must not be distributed except on liquidation of the credit union or in accordance with a plan approved by the commissioner.

      Sec. 14.  NRS 678.730 is hereby amended to read as follows:

      678.730  1.  A credit union may make loans to its directors and to members of its committees, [if] except that any loan or aggregate of loans to any one director or member of a committee [member] which [exceeds $2,500] is more than $10,000 plus pledged shares [is] must be approved by the board.

      2.  A credit union may permit its directors and members of its committees to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan [or loans] to the guarantor [except $2,500,] is more than $10,000, approval of the board is required.

      Sec. 15.  NRS 678.790 is hereby amended to read as follows:

      678.790  1.  The division shall annually conduct or cause to be conducted an examination of each credit union organized under the provisions of this chapter. For the purpose of performing [such] the examination, the personnel of the division may:

      (a) Subpena witnesses and documents;

      (b) Administer oaths; and

      (c) Compel the giving of testimony.

 


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ê1983 Statutes of Nevada, Page 2019 (Chapter 618, SB 281)ê

 

      2.  The report of [such] the examination [shall] must contain comments to the members relative to the management of the affairs of the credit union and the general condition of the assets. Within 30 days following the receipt of [such] the report, the directors shall call a general meeting of key personnel to consider matters contained in [such] the report.

      3.  [A] The division shall forward a copy of the report [shall be forwarded] to the chairman of each credit union within 30 days [following the examination and such report shall be read to the members at the next annual meeting.] after it is completed. The board of directors shall inform the members of the credit union of its general condition at the next annual meeting.

      4.  The [directors may engage a qualified audit service or] board of directors may engage a certified public accountant to perform such an examination in lieu of the division staff. In such cases, the examination [shall] must be equivalent to the type examination made by the division and the expense [shall] must be borne by the credit union being inspected.

      Sec. 16.  NRS 678.800 is hereby amended to read as follows:

      678.800  1.  Any credit union may, with the approval of the commissioner, merge with another credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of each credit union joining in the merger and approved by the affirmative vote of [a] :

      (a) A majority of the members of [each] the merging credit union present at [meetings] a meeting called for [such purpose.] that purpose; or

      (b) A majority of the members of the merging credit union voting by mail on the question.

      2.  After agreement by the directors [and approval by the members] of each credit union [,] and approval by the members of the merging credit union, the chairman and secretary of each credit union shall execute a certificate of merger, which [shall] must set forth:

      (a) The time and place of the meeting of the board of directors at which the plan was agreed upon;

      (b) The vote in favor of adoption of the plan;

      (c) A copy of the resolution or other action by which the plan was agree upon;

      (d) The [time and place of the meeting of the members at which] circumstances of the vote in which the members approved the plan agreed upon [was approved;] , if a vote was required; and

      (e) The vote by which the plan was approved by the members [.] , if a vote was required.

      3.  A copy of each of the certificates executed pursuant to subsection 2 and a copy of the plan of merger agreed upon by the [merging] credit unions [shall] joining in the merger must be forwarded to the credit union division for certification and returned to the [merging] credit unions within 30 days.

 


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ê1983 Statutes of Nevada, Page 2020 (Chapter 618, SB 281)ê

 

[merging] credit unions [shall] joining in the merger must be forwarded to the credit union division for certification and returned to the [merging] credit unions within 30 days.

      4.  After a merger is effected, all property, property rights and interest of the merged credit union shall vest in the surviving credit union without deed, endorsement or other instrument of transfer, and all debts, obligations and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected.

      5.  The commissioner shall adopt regulations under which he may order any credit union chartered under the provisions of this chapter to merge with:

      (a) Another credit union chartered under the provisions of this chapter; or

      (b) A credit union chartered under the laws of another state or of the United States, if a majority of the board of that credit union approves the merger,

when he determines that the merger is in the best interest of the members of the merging credit union.

      6.  This section is to be liberally construed to permit a credit union chartered under this chapter to merge with a credit union chartered under this chapter or any other provisions of law.

      Sec. 17.  NRS 678.820 is hereby amended to read as follows:

      678.820  1.  At a meeting called to consider dissolution, [a majority vote of] the [entire] membership may vote to dissolve a credit union if notice of [such] the meeting [was] is mailed to the members at least 10 days prior thereto. Any member who [was] is not present at the meeting may, within [the next] 20 days [,] after the meeting, vote [in favor of dissolution] by signing a form furnished by the division and filing [such] the form with the secretary [.] of the credit union. An affirmative vote of a majority of the members who vote at the meeting or by filing the form is required to dissolve the credit union.

      2.  If [a majority of] the members vote to dissolve, the credit union shall, except for the purpose of liquidation, cease its business operations immediately.

      3.  [Following a vote to dissolve a credit union, the] The chairman shall, within 5 days [,] after an affirmative vote to dissolve the credit union, notify the division by mail of the credit union’s intention to liquidate and include with [such] the notice a list of the names and addresses of the directors and officers.

 

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ê1983 Statutes of Nevada, Page 2021ê

 

CHAPTER 619, SB 364

Senate Bill No. 364–Senator Horn

CHAPTER 619

AN ACT relating to organizations for dental care; requiring approval and regulation of those organizations by the commissioner of insurance; limiting their rates for dental care; broadening the choice of dentist by an insured or member; regulating prior approval of such care by an insurer or organization; establishing standards for payment of fees for dental care by insurers or organizations; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 57 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 32, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Commissioner” means the commissioner of insurance.

      Sec. 4.  “Dental care” means the services ordinarily provided by dentists and includes appliances, drugs, medicines, supplies, prosthetic appliances, orthodontic appliances, and metal, ceramic or other restorations customarily used or provided by a dentist.

      Sec. 5.  “Dentist” includes a dental hygienist.

      Sec. 6.  “Member” includes the person enrolled in a plan for dental care and his dependents who may also be enrolled in the plan.

      Sec. 7.  “Organization for dental care” means any person who agrees to provide coverage for dental care through one or more plans for dental care.

      Sec. 8.  “Plan for dental care” means any agreement in which the organization for dental care agrees to provide or arrange for dental care or pay for or reimburse any part of the cost of that care and the member agrees to prepay or pay through insurance for that care.

      Sec. 9.  “Policy” means the document given to a member which describes the dental care to which he is entitled under a plan for dental care and his obligations to the organization for dental care.

      Sec. 10.  1.  Except as otherwise specifically provided in this chapter or elsewhere in Title 57 of NRS, the provisions of Title 57 other than this chapter do not apply to organizations for dental care. This exemption does not apply to any insurer authorized pursuant to any other provision of Title 57 except with respect to those activities authorized and regulated by this chapter.

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

 


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ê1983 Statutes of Nevada, Page 2022 (Chapter 619, SB 364)ê

 

      (a) Any person, corporation or organization which must be authorized by the commissioner to transact the business of insurance pursuant to chapter 680A, 695B or 695C of NRS.

      (b) Any plan established to provide health and welfare benefits to employees pursuant to a collective bargaining agreement.

      Sec. 11.  The commissioner may adopt any regulations necessary to carry out the provisions of this chapter.

      Sec. 12.  No person may establish or operate a plan for dental care, act as an administrator of such a plan or sell or offer to sell such a plan without first obtaining a certificate of authority from the commissioner.

      Sec. 13.  Each application for a certificate of authority must be filed with the commissioner on a form prescribed by him, must be verified by an officer or authorized representative of the organization for dental care and must include:

      1.  A copy of any organizational document for the organization and all amendments to that document.

      2.  A copy of any bylaws, rules or regulations governing the internal affairs of the organization.

      3.  A list of the names, addresses and official positions of the persons responsible for operating the organization, including the members of the board of directors, board of trustees, executive committee, principal officers or partners.

      4.  A copy of the contracts made or proposed to be made between the applicant and those persons listed in subsection 3 and the dentists.

      5.  A statement describing the applicant’s plan for dental care, its facilities and personnel.

      6.  A copy of the policy to be issued to its members.

      7.  A copy of any contract for groups to be issued to employers, unions, trustees or other organizations.

      8.  Certified financial statements showing the applicant’s assets, liabilities and sources of support. A copy of the applicant’s most recent certified financial statement satisfies this requirement unless the commissioner requests additional information from the applicant.

      9.  A description of the method to be used to market the plan for dental care, including a financial statement, a projection for the initial 5 years of operation of the plan and a statement of the sources of capital for the organization.

      10.  A power of attorney executed by the applicant or its officers, which appoints the commissioner as the attorney for the applicant upon whom service of process may be made in this state.

      11.  A statement describing the geographic area or areas to be served by the applicant.

      12.  A statement indicating that all the dentists for the plan are licensed pursuant to chapter 631 of NRS.

      13.  Any other information requested by the commissioner.

 


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ê1983 Statutes of Nevada, Page 2023 (Chapter 619, SB 364)ê

 

      Sec. 14.  The commissioner shall issue a certificate of authority to an organization for dental care after the organization has paid an application fee of $500 and the commissioner is satisfied that:

      1.  The persons responsible for operating the organization are competent, trustworthy, have not been convicted of a felony and have good reputations.

      2.  The plan for dental care includes care which is appropriate for the plan and the plan is appropriate for providing that care.

      3.  The organization is financially responsible and may reasonably be expected to meet its obligations to its members. To determine financial responsibility the commissioner may consider:

      (a) The organizations’s arrangements for dental care and the schedule of charges to be used;

      (b) The agreements with an insurer, government or any other organizations for ensuring payment for the dental care;

      (c) Any provisions for alternative coverage if the plan for dental care is discontinued; and

      (d) The agreements with the dentists providing dental care to the organization’s members.

      4.  The appropriate deposits or bonds have been filed with the commissioner by the organization and its officers.

      Sec. 15.  Every organization issued a certificate of authority by the commissioner shall notify him of any change in the information provided to obtain its certificate of authority within 10 days after the change.

      Sec. 16.  A certificate of authority expires at midnight on June 30 following the date it was issued or previously renewed. The commissioner shall renew the certificate of any organization for dental care which:

      1.  Continues to comply with the provisions of this chapter; and

      2.  Pays the renewal fee of $250.

      Sec. 17.  If an organization for dental care is a corporation, its board of directors must include:

      1.  Dentists who have contracted with the organization to provide dental care to its members; and

      2.  Members of the plan for dental care, who must comprise at least one-third of the membership of the board by the end of its first year of operation.

      Sec. 18.  1.  Before a certificate of authority may be issued to an organization for dental care:

      (a) The officers responsible for operating the organization must file with the commissioner a collective fidelity bond for $1,000,000; and

      (b) The organization must file with the commissioner a surety bond in the sum of $250,000 or deposit with the commissioner cash or securities acceptable to the commissioner in the sum of $250,000,

to guarantee the organization’s performance pursuant to this chapter.

      2.  If the bond is furnished in:

 


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ê1983 Statutes of Nevada, Page 2024 (Chapter 619, SB 364)ê

 

      (a) Cash, the commissioner shall deposit the money in the state treasury for credit to the fund for bonds of organizations for dental care which is hereby created as a trust fund.

      (b) Negotiable securities, the principal must be placed without restriction at the disposal of the commissioner, but any income must inure to the benefit of the organization.

      3.  The commissioner may reduce the organization’s bond or deposit:

      (a) To $125,000, if the obligations assumed by the organization under the plan can be satisfied for less than $125,000.

      (b) To any amount if the organization demonstrates that it has commitments of money from federal, state or municipal governments or their political subdivisions or other comparable resources which are sufficient to ensure the ability of the organization to satisfy its obligations.

      4.  Any final judgment against the organization which is unpaid is a lien on the bond or deposit and is subject to execution 30 days after entry of the judgment. Any bond or deposit which is reduced by this lien must be increased by the organization to the amount required by this section within 90 days after the judgment is paid.

      5.  If an organization is dissolved, liquidated or otherwise terminated:

      (a) That amount of the bond or deposit which is necessary to satisfy the outstanding obligations of the organization may not be withdrawn for at least 3 years after the certificate of authority has been terminated.

      (b) Any balance remaining after money has been withheld to pay the organization’s debts and liens must be paid to the organization by the commissioner no later than 90 days after the certificate of authority has been terminated.

      Sec. 19.  1.  A bond by any organization for dental care or its officers under this chapter must be payable to the State of Nevada and must be conditioned on compliance with the provisions of this chapter. The surety shall pay all damages to any person by reason of any misstatement, misrepresentation, fraud or deceit, or any wrongful act or omission of any person or organization made, committed or omitted in the plan for dental care or caused by any other violation of the provisions of this chapter.

      2.  The organization must give notice to the commissioner at least 90 days before such a bond may be canceled.

      Sec. 20.  Any director, officer, partner or employee of an organization for dental care who receives, collects, disburses or invests money in connection with the activities of that organization is responsible for that money and has a fiduciary duty and relationship to the members of the organization. Any dentist who breaches this fiduciary duty or fails to satisfy his contractual obligation to the organization or the members thereof is subject to disciplinary action pursuant to NRS 631.350.

 


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ê1983 Statutes of Nevada, Page 2025 (Chapter 619, SB 364)ê

 

members thereof is subject to disciplinary action pursuant to NRS 631.350.

      Sec. 21.  1.  An organization for dental care shall:

      (a) Hold a meeting for all prospective members to review fully the policy being offered and describe the coverage under the plan for dental care before any contract is executed between the parties.

      (b) Provide to each member a copy of the policy describing his coverage under the plan for dental care.

      2.  The commissioner must approve every policy and amendment to it before they are distributed to the members or any other person. If the commissioner does not disapprove the policy within 30 days after it is filed with him, it shall be deemed to be approved. If the commissioner disapproves a policy, he shall notify the organization of the reasons for his disapproval. The commissioner shall grant a hearing on any disapproval of a policy or amendment within 15 days after the organization requests, in writing, a hearing on the matter.

      3.  A policy must contain a clear and complete statement of the contract between the parties or a summary of the contract which describes:

      (a) The dental care and other benefits to which the member is entitled;

      (b) Any limitations on the care to be provided, including any deductibles or copayments to be paid by a member;

      (c) Where information is available and how dental care may be obtained; and

      (d) The member’s obligations for payment under the plan for dental care.

      4.  The organization must give notice to the commissioner and every member 30 days before any change is made in the member’s policy.

      Sec. 22.  1.  Any policy which provides coverage for a dependent of a member must provide that benefits for children are payable for a member’s newly born child to the same extent that such coverage applies to other dependents.

      2.  If a specific premium must be paid to provide coverage for a member’s child, the policy may require that to have coverage for the newly born child continued beyond 31 days after the child’s birth, the member must notify the organization for dental care within 31 days after the birth.

      Sec. 23.  1.  Every organization for dental care must submit any advertising, or other materials to be used to enroll or solicit members, to the commissioner for his approval before they are used by the organization.

      2.  If the commissioner does not disapprove the advertising or other materials within 30 days after they are filed with the commissioner, they shall be deemed to be approved. If the commissioner disapproves any of the advertising or other materials because they are false, deceptive, or misleading, he shall notify the organization of his reasons for disapproving them.

 


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ê1983 Statutes of Nevada, Page 2026 (Chapter 619, SB 364)ê

 

disapproving them. The commissioner shall grant a hearing on the matter within 15 days after the organization requests, in writing, a hearing on the matter.

      3.  If any advertising or other materials are circulated, issued, displayed or used in any manner to enroll or solicit members before they are approved by the commissioner or after he has disapproved them, the commissioner may withdraw his approval, if any, of the policy and plan for dental care proposed by the organization or take any other disciplinary action permitted by this chapter against the organization.

      Sec. 24.  The organization for dental care shall use not more than 25 percent of its prepaid charges or premiums for marketing and administrative expenses, including all costs to solicit members or dentists.

      Sec. 25.  1.  An organization for dental care shall set aside a reserve equal to 3 percent of the premiums collected from its members up to a total of $500,000. This reserve is in addition to the bond or deposit filed with the commissioner.

      2.  This section does not apply to organizations receiving money from federal, state or municipal governments or their political subdivisions or another comparable resource which have had their deposit or bond reduced by the commissioner.

      3.  Every organization shall maintain the reserves required by NRS 681B.080, unless a larger amount is required by subsection 1 of this section.

      Sec. 26.  1.  Every organization for dental care shall, on or before March 1 of each year, file with the commissioner a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.

      2.  The report must be on a form prescribed by the commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding year certified by an independent public accountant.

      (b) Any material changes in the information given in the previous report.

      (c) The number of members enrolled in that year, the number of members terminated in that year and the total number of members at the end of the year.

      (d) The costs of all goods, services and dental care provided that year.

      (e) Any other information relating to the plan for dental care requested by the commissioner.

      3.  The organization shall pay the commissioner the annual tax imposed in chapter 680B of NRS at the time the annual report is filed.

 


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ê1983 Statutes of Nevada, Page 2027 (Chapter 619, SB 364)ê

 

      Sec. 27.  1.  The commissioner shall, once:

      (a) Every 6 months for the first 3 years after an organization for dental care receives its certificate of authority; and

      (b) Each year thereafter,

conduct an examination of the organization pursuant to NRS 679B.250 to 679B.300, inclusive.

      2.  The commissioner may examine any organization which holds a certificate of authority from this state or another state at any other time he deems necessary. For those organizations transacting business in this state which are not organized in this state, the commissioner may accept a full report of the last examination of the organization certified by the state officer who supervises those organizations in the other state, if that examination is equivalent to an examination conducted by the commissioner.

      3.  The commissioner shall, in like manner, examine all organizations applying for a certificate of authority.

      Sec. 28.  1.  The provisions of chapter 683A of NRS apply to the licensing of agents for an organization for dental care.

      2.  As used in this section, “agent” means any person who is associated, directly or indirectly, with the organization and engages in soliciting or enrolling members.

      Sec. 29.  The provisions of chapter 686A of NRS relating to trade practices and frauds apply to organizations for dental care.

      Sec. 30.  Any rehabilitation, liquidation or conservation of an organization for dental care shall be deemed to be the rehabilitation, liquidation or conservation of an insurer and must be conducted pursuant to chapter 696B of NRS.

      Sec. 31.  1.  The commissioner may suspend or revoke any certificate of authority issued to an organization for dental care or impose a fine of not more than $500 for each violation if he finds that:

      (a) The organization is operating contrary to the information it submitted to him for its certificate of authority;

      (b) The organization issued a policy to a member which was not approved by the commissioner;

      (c) The plan for dental care does not provide basic services appropriate for such a plan;

      (d) The organization can no longer meet its obligations to members or prospective members;

      (e) The organization or any person on its behalf has advertised its plan in an untrue, misleading, deceptive or unfair manner; or

      (f) The organization has failed to comply substantially with this chapter or the regulations of the commissioner.

      2.  If the certificate of authority of an organization is suspended, the organization shall not, during the period of the suspension, accept any new members and shall not advertise for or solicit any new members.

      3.  If the certificate of authority of an organization is revoked, the organization shall proceed, immediately following the order, to terminate its affairs and shall conduct no other business.

 


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ê1983 Statutes of Nevada, Page 2028 (Chapter 619, SB 364)ê

 

organization shall proceed, immediately following the order, to terminate its affairs and shall conduct no other business. The commissioner, by written order, may approve the continued operation of the organization for a specified time if the commissioner finds that the members need that time to obtain coverage for dental care from another organization or insurer.

      Sec. 32.  1.  If the commissioner believes that grounds for denying a certificate of authority or for suspending or revoking a certificate exist, he shall notify the organization for dental care in writing, specifying the grounds for the denial, suspension or revocation and fix a time for a hearing on the matter within 30 days after the notice.

      2.  After the hearing or upon the failure of the organization to appear at the hearing, the commissioner shall enter a written order of his decision which must be mailed by certified mail to the organization.

      Sec. 33.  Chapter 679B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Every insurer or organization for dental care which pays claims on the basis of fees for medical or dental care which are “usual and customary” shall submit to the commissioner the information used by the insurer or organization to determine those fees. The fees determined by the insurer or organization to be the usual and customary fees for that care must be approved by the commissioner before they are used.

      2.  Any contract for group, blanket or individual health insurance and any contract issued by a nonprofit hospital, medical or dental service corporation or organization for dental care, which provides a plan for dental care to its insureds or members which limits their choice of a dentist, under the plan to those in a preselected group, must offer its insureds or members the option of selecting a plan of benefits which does not restrict the choice of a dentist. The selection of that option does not entitle the insured or member to any increase in contributions by his employer or other organization toward the premium or cost of the optional plan over that contributed under the restricted plan.

      Sec. 34.  Chapter 686B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      No insurer, organization or person licensed pursuant to Title 57 may sell or offer to sell any contract providing coverage for dental care at a rate which is excessive for the benefits offered to the insured or member. For the purpose of this section, a ratio of losses to premiums collected which is less than 75 percent is presumed to show an excessive rate.

      Sec. 35.  Chapter 687B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization.

 


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ê1983 Statutes of Nevada, Page 2029 (Chapter 619, SB 364)ê

 

certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:

      1.  File its procedure for obtaining approval of care under this section for approval by the commissioner; and

      2.  Respond to any request for approval by the insured or member under this section within 20 days after it receives the request.

      Sec. 36.  NRS 687B.200 is hereby amended to read as follows:

      687B.200  1.  The purpose of this section is to confirm and clarify the right [under the present law of this state] to provide for an assignment by which a person covered by a life or health insurance policy may divest himself of all incidents of ownership provided by [such] the policy, including the conversion privileges of [such] the policy.

      2.  Any person insured under a life or health insurance policy may make an assignment of all or any part of his incidents of ownership under [such] the policy, including, but not limited to, the privilege to have issued to him an individual policy of life or health insurance pursuant [and subject] to the provisions of this code and the right to name a beneficiary. Subject to the terms of the policy or agreement between the insured, the policyholder and the insurer relating to assignment of incidents of ownership thereunder, such an assignment by an insured, [made either before or after January 1, 1972,] whenever made, is valid for the purpose of vesting in the assignee all of [such] the incidents of ownership so assigned. Such an assignment [shall] does not prejudice the insurer on account of any payment it may make or individual policy it may issue prior to receipt of notice of the assignment.

      3.  This section also applies to contracts issued by organizations for dental care and nonprofit hospital, medical and dental service corporations.

      Sec. 37.  NRS 687B.210 is hereby amended to read as follows:

      687B.210  1.  Whenever the proceeds of or payments under a life or health insurance policy or annuity contract issued prior to or after January 1, 1972, become payable in accordance with the terms of such policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment thereof in accordance therewith or in accordance with any written assignment thereof, the person then designated as being entitled thereto [shall be] is entitled to receive [such] the proceeds or payments and to give full acquaintance therefor, and [such] the payments [shall] fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that [such] the other person claims to be entitled to [such] the payment or some interest in the policy or contract.

      2.  This section also applies to contracts issued by organizations for dental care and nonprofit hospital, medical and dental service corporations.

 


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

ê1983 Statutes of Nevada, Page 2030 (Chapter 619, SB 364)ê

 

      Sec. 38.  NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter [,] or in specific provisions of Title 57 of NRS, the provisions of Title 57 [of NRS shall not be] are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to Title 57 of NRS except with respect to its activities as a health maintenance organization [activities] authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, shall not be construed to [be violative of] violate any provision of law relating to solicitation or advertising by [health professionals.] practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and [shall be] is exempt from the provisions of chapter 630 of NRS.

      Sec. 39.  On or before October 1, 1983, every organization for dental care operating a plan for dental care for more than 25 persons in this state shall submit an application for a certificate of authority to the commissioner of insurance. The organization may continue to operate the plan until the commissioner acts upon the application. If the application for a certificate of authority is denied by the commissioner, the organization shall be deemed to be an organization whose certificate of authority has been revoked.

 

________

 

 

CHAPTER 620, SB 366

Senate Bill No. 366–Senator Townsend

CHAPTER 620

AN ACT relating to mobile home parks; providing for additional regulation of charges for utility services in those parks; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.265 is hereby amended to read as follows:

      704.265  1.  [This section applies] The provisions of this section and sections 3 to 6, inclusive, of this act apply to mobile home parks governed by the provisions of NRS 118.235 to 118.340, inclusive, and chapter 461A of NRS [.] and to public utilities which provide service to those parks.

      2.  [The commission shall require the serving utility to examine and test the electric and gas distribution lines and equipment within a mobile home park at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS.

 


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

ê1983 Statutes of Nevada, Page 2031 (Chapter 620, SB 366)ê

 

of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The serving utility shall report the results of the test to the commission. The serving utility and the commission may enter a mobile home park at reasonable times to examine and test the lines and equipment, whether or not they are owned by a public utility. The serving utility shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards set by its regulations for maintenance, use and operation of electric and gas distribution lines and equipment.

      3.  If the owner or operator of a mobile home park refuses to allow the examination and testing to be made as provided in subsection 2, the commission shall deem the unexamined lines and equipment to be unsafe for service.

      4.  Whenever the commission deems or finds any lines or equipment within a mobile home park to be unsafe for service it shall take appropriate action to protect the safety of the residents of the park.

      5.  The landlord of any mobile home park which is not equipped with individual meters for each lot who charges the tenants for utilities either separately or by including the charge in their rent, shall prorate the cost of all utilities equally among the occupied lots in the park. In no case may the charges prorated pursuant to this section exceed in the aggregate the cost of the utility to the landlord. If the utility charges are included in the tenant’s rent, the landlord shall notify the tenant of any proposed increases in utility rates not more than 5 days after his receipt of such a notice. The landlord shall itemize all utility charges on all rent bills and may pass through to the tenant any increase in a utility rate. He shall pass through any decrease in a utility charge as it becomes effective.

      6.  In any mobile home park which is equipped with individual meters for each lot and where the landlord receives the utility bill and charges the tenants for utilities, the charge for each tenant may not be at a rate higher than the rate the tenant would be charged if he were receiving service directly from the utility.

      7.  The tenant of a lot in a park described in subsection 1 who believes the landlord has charged him for utilities at a rate higher than the rate the tenant would be charged if he were receiving the service directly from the utility may complain to the division of consumer relations of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. The commission shall investigate, give notice and hold hearings upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.

      8.  If the commission finds that the owner of the mobile home park has violated the provisions of subsection 5 or 6, it shall determine the amount of the overcharge to the tenant and order the landlord to return that amount to the tenant within a specified time.

 


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

ê1983 Statutes of Nevada, Page 2032 (Chapter 620, SB 366)ê

 

amount of the overcharge to the tenant and order the landlord to return that amount to the tenant within a specified time. If the landlord fails or refuses to do so, the commission:

      (a) May compel compliance with its order by any appropriate civil remedy available to it under this chapter.

      (b) Shall order the landlord to cease and desist from any further violation of subsection 5 or 6, and shall enforce that order as any other order of the commission.

      9.  The owner of a mobile home park described in subsection 1 shall retain for at least 3 years a copy of all billings for utilities made to his tenants. The owner shall make these records available upon request to the commission for verification of utility charges made to tenants.

      10.]  A utility which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlord’s residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility to its residential customers.

      Sec. 2.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.

      Sec. 3.  1.  The commission shall require a public utility which provides service to a mobile home park or an independent person who is qualified to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The serving utility, the person selected to conduct the examination and the commission may enter a mobile home park at reasonable times to examine and test the lines and equipment, whether or not they are owned by a public utility.

      2.  The serving utility or the person selected to conduct the examination shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.

      3.  The owner of the mobile home park shall pay for the costs of the examination and testing.

      4.  If the landlord of a mobile home park refuses to allow the examination and testing to be made as provided in this section, the commission shall deem the unexamined lines and equipment to be unsafe for service.

      5.  If the commission finds:

      (a) Or deems any lines or equipment within a mobile home park to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park.

 


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

ê1983 Statutes of Nevada, Page 2033 (Chapter 620, SB 366)ê

 

      (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord to repair or replace such lines and equipment. For this purpose the landlord may expend some or all of the money in his account for service charges for utilities, which he is required to keep under section 5 of this act.

      Sec. 4.  If a public utility regulated by the commission furnishes service to a mobile home park and the landlord of the park charges his tenants for that service, he shall:

      1.  Provide that service to his tenants in a manner which is consistent with the utility’s tariffs on file with the commission.

      2.  Whenever he receives notice of a proposed increase in the utility’s rates, he shall, not more than 5 days after his receipt of the notice, give notice to his tenants of the proposed increase.

      Sec. 5.  1.  In a mobile home park where the landlord is billed by a serving utility and in turn charges the tenants for the utility service, and the park:

      (a) Is equipped with individual meters for each lot, the landlord shall not charge a tenant for that service at a rate higher than the rate the tenant would be charged if he were receiving service directly from the utility.

      (b) Is not equipped with individual meters for each lot, the landlord shall prorate the cost of the utility service equally among the tenants of the park who use the service, but the prorated charges must not exceed in the aggregate the cost of the utility service to the landlord.

      2.  The landlord may assess and collect a service charge for utilities from the tenants of the park, but the amount of the charge must not be more than the tenants would be required to pay the serving utility. The landlord shall keep the money from such charges in a separate account and may expend it only for repairing or replacing utility lines or equipment when ordered to do so by the commission.

      3.  The landlord shall itemize all utility charges on all rent bills. He may pass through to the tenant any increase in a utility rate and shall pass through any decrease in a utility charge as it becomes effective.

      4.  The landlord shall retain for at least 3 years a copy of all billings for utilities made to his tenants and shall make these records available upon request to the commission for verification of utility charges made to tenants.

      Sec. 6.  1.  The tenant of a lot in a mobile home park who believes that the landlord has violated the provisions of section 4 or 5 of this act may complain to the division of consumer relations of the commission. The division shall receive and promptly investigate the complaint. If the division is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission.

      2.  The commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.

 


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

ê1983 Statutes of Nevada, Page 2034 (Chapter 620, SB 366)ê

 

upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.

      3.  If the commission finds that the owner of the mobile home park has violated the provisions of section 4 or 5 of this act, it shall order the landlord to cease and desist from any further violation. If the violation involves an overcharge for utility service, the commission shall determine the amount of the overcharge to the tenant and order the landlord to return that amount to the tenant within a specified time.

      4.  If the landlord fails or refuses to comply with its order, the commission may compel compliance by any appropriate civil remedy available to it under this chapter.

 

________

 

 

CHAPTER 621, SB 166

Senate Bill No. 166–Senator Raggio

CHAPTER 621

AN ACT relating to insurance; requiring coverage for treatment of abuse of alcohol or drugs in certain policies; requiring employers who provide health benefits for their employees to provide similar coverage; creating an advisory committee; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  An advisory committee on insurance covering the treatment of alcoholism and drug abuse, consisting of thirteen members, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a representative of the insurance division of the department of commerce.

      (b) One member who is a representative of the bureau.

      (c) Two members who are legislators.

      (d) One member who is a representative of a medical service corporation.

      (e) One member who is a representative of a commercial insurance company.

      (f) One member who is a representative of business and industry and one who is a representative of labor. One of these members must represent persons who hold contracts for group health insurance issued by a medical service corporation and the other must represent persons who hold contracts for group health insurance issued by a commercial carrier.

      (g) Two members who are representatives of persons who provide treatment for abusers of alcohol or drugs.

      (h) Three members who are representatives of the general public.

 


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

ê1983 Statutes of Nevada, Page 2035 (Chapter 621, SB 166)ê

 

      Sec. 3.  The committee shall:

      1.  Review the provisions of the law relating to insurance coverage for the cost of treatment of the abuse of alcohol or drugs.

      2.  Review the structure of insurance benefits, the use of those benefits and methods of containing costs of insurance coverage for such treatment, including the feasibility of providing incentives to employers who create and maintain programs which identify and refer for treatment employees who are abusers of alcohol or drugs.

      3.  Review and develop procedures for certifying personnel, accrediting programs and licensing facilities.

      4.  Prepare an annual report, containing its recommendations, for the legislature and the governor.

      Sec. 4.  NRS 689A.030 is hereby amended to read as follows:

      689A.030  A policy of health insurance [shall] must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:

      1.  The entire money and other considerations therefor [shall] must be expressed therein;

      2.  The time when the insurance takes effect and terminates [shall] must be expressed therein;

      3.  It [shall] must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which [shall] must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder;

      4.  The style, arrangement and overall appearance of the policy [shall give no] must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers [shall] must be plainly printed in light-faced type of a style in general use, the size of which [shall] must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points (the “text” [shall include] includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions);

      5.  The exceptions and reductions of indemnity [shall] must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, [shall] must be printed, at the insurer’s option, [either included] with the benefit provision to which they apply [,] or under an appropriate caption , such as “Exceptions [,] ” or “Exceptions and Reductions,” except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of [such] that exception or reduction [shall] must be included with the benefit provision to which it applies;

 


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

ê1983 Statutes of Nevada, Page 2036 (Chapter 621, SB 166)ê

 

      6.  Each such form, including riders and endorsements, [shall] must be identified by a [form] number in the lower left-hand corner of the first page thereof;

      7.  The policy [shall contain no] must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless [such] that portion is set forth in full in the policy, except in the case of the incorporation of [,] or reference to [,] a statement of rates or classification of risks, or short-rate table filed with the commissioner;

      8.  The policy [shall] must provide benefits for expense arising from home health care or health supportive services if [such] that care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007; and

      9.  The policy [shall] must provide, at the option of the applicant, benefits for expenses incurred for the treatment of alcohol and drug abuse as provided in NRS 689A.046 . [and 689A.047.]

      Sec. 5.  NRS 689A.046 is hereby amended to read as follows:

      689A.046  1.  The benefits provided by individual health insurance policies, as required by subsection 9 of NRS 689A.030, for treatment of the abuse of alcohol or drugs must consist of:

      (a) [If the policies provide inpatient benefits, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.

      (b) If the policies provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.

      (c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.

      2.  An insured is entitled to:

      (a) Two courses of treatment, as described in subsection 1; and

      (b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,

during his lifetime.

      3.  The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.

      4.  Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.] Treatment for withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

 


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

ê1983 Statutes of Nevada, Page 2037 (Chapter 621, SB 166)ê

 

physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) Inpatient treatment with a maximum benefit of $10,000 per calendar year.

      (c) Outpatient treatment for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in:

      (a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.

      Sec. 6.  NRS 689B.030 is hereby amended to read as follows:

      689B.030  Each [such] group health insurance policy [shall] must contain in substance the following provisions:

      1.  A provision that, in the absence of fraud, all statements made by applicants or the policyholders or by an insured person shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance [shall void such] voids the insurance or [reduce] reduces its benefits unless the statement is contained in a written instrument signed by the policyholder or the insured person, a copy of which has been furnished to [such policyholder or to such person] him or his beneficiary.

      2.  A provision that the insurer will furnish to the policyholder for delivery to each employee or member of the insured group a statement in summary form of the essential features of the insurance coverage of [such] that employee or member and to whom benefits thereunder are payable. If dependents are included in the coverage, only one statement need be issued for each family . [unit.]

      3.  A provision that to the group originally insured may be added from time to time eligible new employees or members or dependents, as the case may be, in accordance with the terms of the policy.

      4.  A provision for benefits for expense arising from home health care or health supportive services if such care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007.

      5.  [A provision for benefits, at the option of the applicant, payable for expenses incurred for the treatment of drug abuse, as provided in NRS 689B.037.

 


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

ê1983 Statutes of Nevada, Page 2038 (Chapter 621, SB 166)ê

 

      6.]  A provision for benefits [, at the option of the applicant,] payable for expenses incurred for the treatment of the abuse of alcohol [,] or drugs, as provided in NRS 689B.036.

      Sec. 7.  NRS 689B.036 is hereby amended to read as follows:

      689B.036  1.  The benefits provided by group health insurance policies, as required in subsection [6] 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:

      (a) [If the policies provide inpatient benefits, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.

      (b) If the policies provide inpatient benefits, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.

      (c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.

      2.  An insured is entitled to:

      (a) Two courses of treatment, as described in subsection 1; and

      (b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,

during his lifetime.

      3.  The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.

      4.  Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.] Treatment for withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) Inpatient treatment with a maximum benefit of $10,000 per calendar year.

      (c) Outpatient treatment for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in:

      (a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

 


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

ê1983 Statutes of Nevada, Page 2039 (Chapter 621, SB 166)ê

 

certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.

      Sec. 8.  NRS 695B.180 is hereby amended to read as follows:

      695B.180  A contract for hospital, medical or dental services [shall] must not be entered into between a corporation proposing to furnish or provide any one or more of the services authorized under this chapter and a subscriber:

      1.  Unless the entire consideration therefor is expressed in the contract.

      2.  Unless the times at which the benefits or services to the subscriber take effect and terminate are stated in a portion of the contract above the evidence of its execution.

      3.  If the contract purports to entitle more than one person to benefits or services, except for family contracts issued under NRS 695B.190, group contracts issued under NRS 695B.200, and blanket contracts issued under NRS 695B.220.

      4.  Unless every printed portion and any endorsement or attached papers are plainly printed in type of which the face is not smaller than 10 points.

      5.  Except for group contracts and blanket contracts issued under NRS 695B.220, unless the exceptions of the contract are printed with greater prominence than the benefits to which they apply.

      6.  Except for group contracts and blanket contracts issued under NRS 695B.230, unless, if any portion of [such] the contract purports, by reason of the circumstances under which an illness, injury or disablement is incurred to reduce any service to less than that provided for the same illness, injury or disablement incurred under ordinary circumstances, [such] that portion is printed in boldface type and with greater prominence than any other text of the contract.

      7.  If the contract contains any provisions purporting to make any portion of the charter, constitution or bylaws of [such] a nonprofit corporation a part of the contract unless that portion is set forth in full in the contract.

      8.  [Unless the policy provides, at the option of the subscriber, services for treatment of drug abuse as provided in NRS 695B.195.

      9.  A provision] Unless the contract contains a provision for benefits [, at the option of the applicant,] payable for expenses incurred for the treatment of the abuse of alcohol [,] or drugs, as provided in NRS 695B.194.

      [10.]9.  Unless the contract for hospital service contains in blackface type, not less than 10 points, the following provisions:

 


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

ê1983 Statutes of Nevada, Page 2040 (Chapter 621, SB 166)ê

 

       [Nothing contained in this contract shall in any manner] This contract does not restrict or interfere with the right of any [individual] person entitled to hospital service and care [hereunder] to select the contracting hospital or to make a free choice of his attending physician, who [shall] must be the holder of a valid and unrevoked physician’s [and surgeon’s] license and [who is] a member of, or acceptable to, the attending staff and board of directors of the hospital in which [such] the hospital services are to be provided . [and rendered.]

      Sec. 9.  NRS 695B.194 is hereby amended to read as follows:

      695B.194  1.  The annual benefits provided by health insurance policies issued by a medical service corporation, as required by subsection [9] 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:

      (a) [If the policies provide inpatient care, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.

      (b) If the policies provide inpatient care, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.

      (c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.

      2.  An insured is entitled to:

      (a) Two courses of treatment, as described in subsection 1; and

      (b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,

during his lifetime.

      3.  The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.

      4.  Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.] Treatment for withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) Inpatient treatment with a maximum benefit of $10,000 per calendar year.

      (c) Outpatient treatment for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The insured person is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

 


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

ê1983 Statutes of Nevada, Page 2041 (Chapter 621, SB 166)ê

 

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in:

      (a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.

      Sec. 10.  NRS 695C.170 is hereby amended to read as follows:

      695C.170  1.  Every enrollee residing in this state is entitled to evidence of coverage under a health care plan. If the enrollee obtains coverage under a health care plan through an insurance policy, whether by option or otherwise, the insurer shall issue the evidence of coverage. Otherwise, the health maintenance organization shall issue the evidence of coverage.

      2.  Evidence of coverage or amendment thereto [shall] must not be issued or delivered to any person in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the commissioner.

      3.  An evidence of coverage : [shall contain:]

      (a) [No] Must not contain any provisions or statements which are unjust, unfair, inequitable, misleading, deceptive, which encourage misrepresentation or which are untrue, misleading or deceptive as defined in subsection 1 of NRS 695C.300; and

      (b) [A] Must contain a clear and complete statement, if a contract, or a reasonably complete summary if a certificate, of:

             (1) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health care plan;

             (2) Any limitations on the services, kind of services, benefits, or kind of benefits, to be provided, including any deductible or copayment feature;

             (3) Where and in what manner the services may be obtained;

             (4) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay; and

             (5) [A provision for benefits, at the option of the enrollee, for services for the treatment of drug abuse, as provided in NRS 695C.175.

             (6)] A provision for benefits [, at the option of the applicant,] payable for expenses incurred for the treatment of the abuse of alcohol [,] or drugs, as provided in NRS 695C.174.

Any subsequent change may be evidenced in a separate document issued to the enrollee.

 


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

ê1983 Statutes of Nevada, Page 2042 (Chapter 621, SB 166)ê

 

      4.  A copy of the form of the evidence of coverage to be used in this state and any amendment thereto [shall be] is subject to the requirements for filing and approval [requirements] of subsection 2 unless it is subject to the jurisdiction of the commissioner under the laws governing health insurance , in which event the provisions for filing and approval [provisions] of [such] those laws apply. To the extent [however] that such provisions do not apply to the requirements in subsection 3, such provisions are amended to incorporate the requirements of subsection 3 in approving or disapproving an evidence of coverage required by subsection 2.

      Sec. 11.  NRS 695C.174 is hereby amended to read as follows:

      695C.174  1.  The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph [(6)] (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

      (a) [If the policies provide inpatient care, room and board in a hospital for a period of not less than 5 days and all the necessary services, supplies, laboratory tests and X-rays which may be required during that period.

      (b) If the policies provide inpatient care, inpatient treatment in a health and care facility, as defined in NRS 449.007, or in a treatment facility certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources pursuant to NRS 458.025, for a minimum of 30 days with a maximum benefit of $1,000.

      (c) If the policies provide major medical coverage, outpatient treatment in a facility described in paragraph (b) for at least 52 visits with a maximum benefit of $800. If a patient has received inpatient treatment pursuant to paragraph (b), treatment under this paragraph must commence within 7 days after the completion of the inpatient treatment.

      2.  An insured is entitled to:

      (a) Two courses of treatment, as described in subsection 1; and

      (b) Sixty outpatient visits in addition to the visits provided for in paragraph (c) of subsection 1,

during his lifetime.

      3.  The centers, programs and staff for treatment must be licensed, accredited and certified, respectively, by the state.

      4.  Family counseling is appropriate outpatient care for the treatment of the abuse of alcohol.] Treatment for withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) Inpatient treatment with a maximum benefit of $10,000 per calendar year.

      (c) Outpatient treatment for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

 


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

ê1983 Statutes of Nevada, Page 2043 (Chapter 621, SB 166)ê

 

      2.  The insured person is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.

      4.  The insured person is entitled to these benefits if treatment is received in:

      (a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.

      Sec. 12.  NRS 287.010 is hereby amended to read as follows:

      287.010  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:

      1.  Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      2.  Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      3.  Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust and agency fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. The provisions of NRS 689B.030 to 689B.050, inclusive, and section 2 of [this act] Senate Bill No.

 


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

ê1983 Statutes of Nevada, Page 2044 (Chapter 621, SB 166)ê

 

Senate Bill No. 61 of this session, apply to coverage provided pursuant to this subsection.

      4.  Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.

      Sec. 12.5.  Chapter 608 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of alcohol and drug abuse. The annual benefits provided by the employer must consist of:

      (a) Treatment for withdrawal from the physiological effects of alcohol or drugs for no more than 7 days per calendar year.

      (b) Inpatient treatment with a maximum benefit of $10,000 per calendar year.

      (c) Outpatient treatment for individual, group and family counseling with a maximum benefit of $1,500 per calendar year.

      2.  The employee is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.

      3.  These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.

      4.  The employee is entitled to these benefits if treatment is received in:

      (a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.

      (b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.

      Sec. 13.  NRS 689A.047, 689B.037, 695B.195 and 695C.175 are hereby repealed.

      Sec. 14.  The advisory committee on insurance covering the treatment of alcoholism and drug abuse created pursuant to section 2 of this act shall:

      1.  Report to the 1985 session of the legislature the effects of the minimum levels of benefits and the requirements for coverage provided for in this act.

      2.  Recommend to the 1985 session of the legislature any revisions in the law relating to insurance covering the treatment of alcoholism and drug abuse that it finds are necessary.

 


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

ê1983 Statutes of Nevada, Page 2045 (Chapter 621, SB 166)ê

 

      Sec. 15.  Section 12 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 622, SB 339

Senate Bill No. 339–Senator Glover

CHAPTER 622

AN ACT relating to securities; increasing the rate of interest which may be recovered if securities or commodity options are fraudulently sold or offered for sale; exempting certain securities from the requirements of a public intrastate offering; and providing other matters properly relating thereto.

 

[Approved May 31, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 90.055 is hereby amended to read as follows:

      90.055  “Investment adviser” means any person who engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who as part of a regular advisory business issues or promulgates analyses or reports concerning securities, but the term “investment adviser” does not include:

      1.  A bank or trust company, or the regular employees of a bank or trust company;

      2.  Any lawyer, accountant, engineer, geologist or teacher whose performance of such services is incidental to the practice of his profession;

      3.  Any registered broker-dealer or bullion dealer or an issuer, or partner, officer, director or regular employee thereof, or any registered agent or transfer agent;

      4.  Any publisher or regular employee of the publisher of a bona fide newspaper, news magazine or business or financial publication of general circulation;

      5.  Any person whose advice, analyses or reports relate only to securities which are direct obligations of or obligations guaranteed as to principal or interest by the United States, any state or any political subdivision of any state, or any public agency or public instrumentality thereof; [or]

      6.  A person who during the preceding 12 months has had fewer than 15 clients and who neither holds himself out to the public as an investment adviser nor acts as an investment adviser to any investment company registered under Title 1 of the Investment Company Act of 1940 (15 U.S.C. §§ 80a-1 to 80a-64, inclusive); and

      7.  Such other persons as the administrator may designate by regulation.

 


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

ê1983 Statutes of Nevada, Page 2046 (Chapter 622, SB 339)ê

 

      Sec. 2.  NRS 90.075 is hereby amended to read as follows:

      90.075  “Public intrastate offering” means every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value made [solely] within this state : [to 35]

      1.  To 150 persons or more : [by]

      (a) By means of any news media, including but not limited to newspapers, magazines, radio and television ; [, or through]

      (b) Through the use of the United States mails ; [, or by]

      (c) By direct solicitation [, except] ; or

      2.  To any person if the security or interest in the security has been sold to 34 or more persons,

except such offerings as are registered under the Securities Act of 1933 (15 U.S.C. § 77a et seq.) . [or exempt from registration thereunder other than by reason of the intrastate character thereof.]

      Sec. 3.  NRS 90.200 is hereby amended to read as follows:

      90.200  1.  Any person who offers or sells a security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, and who does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission, is liable to the person buying the security from him if the buyer did not know of the untruth or omission. The buyer may sue either at law or in equity to recover the consideration paid for the security with interest at a rate of [6] 10 percent per year from the date of payment, costs, and reasonable attorneys’ fees, less the amount of any income received on the security, upon the tender of the security and any income received on it, or for damages if he no longer owns the security. Damages are the amount that would be recoverable upon a tender less the value of the security when the buyer disposed of it and interest at [6] 10 percent per year from the date of disposition.

      2.  A person who directly or indirectly controls a seller liable under subsection 1, a partner, officer, or director of such a seller, a person occupying a similar status or performing similar functions, an employee of such a seller who materially aids in the sale, and a broker or dealer or employee of a broker or dealer who materially aids in the sale is also liable jointly and severally with and to the same extent as the seller, unless he sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. There is contribution as in cases of contract among the several persons so liable.

      3.  Any tender specified in this section may be made at any time before entry of judgment.

      4.  Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant.

 


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

ê1983 Statutes of Nevada, Page 2047 (Chapter 622, SB 339)ê

 

      5.  No person may sue under this section more than 2 years after the contract of sale. No person may sue under this section:

      (a) If he received a written offer, before suit and at a time when he owned the security, to refund the consideration paid together with interest at [6] 10 percent per year from the date of payment, less the amount of any income received on the security, and he failed to accept the offer within 30 days of its receipt; or

      (b) If he received such an offer before suit and at a time when he did not own the security, unless he rejected the offer in writing within 30 days of its receipt.

      6.  No person who has made or engaged in the performance of any contract in violation of any provision of this chapter, or who has acquired any purported right under any such contract with knowledge of the facts by reason of which its making or performance was in violation, may base any suit on the contract.

      7.  Any condition, stipulation or provision binding any person acquiring any security to waive compliance with any provision of this chapter is void.

      8.  The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist at law or in equity, but this chapter does not create any cause of action not specified in this section.

      Sec. 4.  Chapter 90 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Securities are not subject to the requirements of NRS 90.140 if they are:

      (a) Issued or guaranteed by the United States or by any state;

      (b) Issued or guaranteed by a bank supervised by this state, another state, or the United States;

      (c) Issued by an organization not for profit, a savings and loan association or a common or contract carrier;

      (d) Receivers’ or trustees’ certificates; or

      (e) Exchanged for existing securities pursuant to a judicial or administrative order.

      2.  The administrator may adopt regulations exempting securities which are similar to those listed in subsection 1 from the requirements of NRS 90.140.

      Sec. 5.  Sections 1 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 2048ê

 

CHAPTER 623, AB 661

Assembly Bill No. 661–Assemblymen Vergiels and Bremner

CHAPTER 623

AN ACT directing certain counties to appropriate money for a program to provide transportation for the elderly in taxicabs; and providing other matters properly relating thereto.

 

[Approved June 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The board of county commissioners of a county having a population of 250,000 or more shall, when a public transit fund is created pursuant to NRS 377A.070, appropriate from that fund the sum of $200,000 for each of the fiscal years beginning respectively on July 1, 1983, and July 1, 1984, to the taxicab authority for the purpose of funding a program to provide transportation for the elderly in taxicabs.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 624, AB 446

Assembly Bill No. 446–Assemblymen Nevin, Schofield, Thomas, Stone, Berkley, Bourne, Nicholas, Malone, Bogaert, Collins, Kerns, Vergiels, Jeffrey, Stewart, Fay, Bergevin, Banner, Ham, Getto, Beyer, Coffin, Zimmer, Swain, Francis, Bilyeu, Sader, Perry, Marvel, Kovacs, Dini, Redelsperger, Humke, Sedway, Thompson, Price, Joerg, Craddock, Brady, DuBois and Chaney

CHAPTER 624

AN ACT relating to public employees’ retirement; requiring the State of Nevada to pay the employees’ contribution for certain police officers and firemen; extending the benefits for spouses of deceased retired police officers and firemen to the spouses of deceased retired highway patrolmen, inspectors and field agents of the department of motor vehicles and certain firemen of the state department of conservation and natural resources; and providing other matters properly relating thereto.

 

[Approved June 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.421 is hereby amended to read as follows:

      286.421  1.  Except as limited in this section, any participating public employer may pay on behalf of its employees the employee contributions required by subsection 1 of NRS 286.410. [The] Except as provided in subsection 9, the state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions. The public employees’ retirement board shall elect whether to pay such contributions on behalf of its employees in the unclassified service.

 


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

ê1983 Statutes of Nevada, Page 2049 (Chapter 624, AB 446)ê

 

the unclassified service. The board of regents shall elect whether to pay such contributions on behalf of the professional staff of the University of Nevada System.

      2.  Payment of employee contributions must be:

      (a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or

      (b) Counterbalanced by equivalent reductions in [employee] employees’ salaries.

      3.  The average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately.

      4  Employee contributions made by a public employer must be deposited in either the public employees’ retirement fund or the police and firemen’s retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.

      5.  The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.

      6.  If an employer elects to pay the basic contribution on behalf of its employees, the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:

      (a) For all employees except police officers and firemen, 15 percent of compensation.

      (b) For police officers and firemen, 18 percent of compensation.

Except as provided in subsection 7, a public employer which has elected to pay the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of such contribution are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of such increase as provided in subsection 2.

      7.  For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution must be equally divided between employer and employee.

      8.  An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the next fiscal year or established payroll adjustment period.

      9.  Public employers other than the State of Nevada [must] shall pay the entire employee contribution for those employees who contribute to the police and firemen’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution.

 


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

ê1983 Statutes of Nevada, Page 2050 (Chapter 624, AB 446)ê

 

The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:

      (a) Members of the Nevada highway patrol;

      (b) Inspectors or field agents of the motor carrier division of the department of motor vehicles; and

      (c) Firemen in the division of forestry of the state department of conservation and natural resources,

who contribute to the police and firemen’s retirement fund.

      Sec. 2.  NRS 286.667 is hereby amended to read as follows:

      286.667  1.  A retired employee whose service retirement allowance is payable from the police and firemen’s retirement fund is entitled to receive his service retirement allowance without modification.

      2.  Upon the death of such a person, a person who was his spouse both at the time of his retirement and the time of his death is entitled, upon attaining the age of 50 years, to receive a benefit equal to 50 percent of the service retirement allowance to which the retired employee was entitled.

      3.  This section does not apply to a person who:

      (a) Begins receiving a service retirement allowance or a benefit from the police and firemen’s retirement fund before July 1, 1981.

      (b) Is an employee of the State of Nevada [.] other than a member of the Nevada highway patrol, an inspector or field agent of the motor carrier division of the department of motor vehicles or a fireman in the division of forestry of the state department of conservation and natural resources.

      (c) At the time of his retirement, elects one of the alternatives to an unmodified service retirement allowance.

      4.  Service as an employee of the state and service performed after July 1, 1981, in positions other than as a police officer or fireman, except military service, may not be credited toward the benefit conferred by this section. A police officer or fireman who has performed service which is not creditable toward this benefit may elect to:

      (a) Select a retirement option other than one permitted by this section;

      (b) Receive the benefit conferred by this section, with a spouse’s benefit reduced by a proportion equal to that which the service which is not creditable bears to his total service; or

      (c) Purchase the additional spouse’s benefit at the time he retires by paying the full actuarial cost as computed for his situation by the actuary of the system.

      5.  The entire cost of the benefit conferred by this section must be paid by the employee. Each employer must adjust the salaries of its employees who are eligible for the benefit to offset its cost to the employer. Employers who adjust salaries pursuant to this subsection do not by doing so violate any collective bargaining agreement or other contract.

 


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

ê1983 Statutes of Nevada, Page 2051 (Chapter 624, AB 446)ê

 

      Sec. 3.  Any reduction in salary resulting from the payment by the State of Nevada of an employee’s contributions to the police and firemen’s retirement fund pursuant to subsection 9 of NRS 286.421 does not affect the grade set for the employee’s position in the pay plan for the classified service.

      Sec. 4.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.

 

________

 

 

CHAPTER 625, SB 423

Senate Bill No. 423–Committee on Government Affairs

CHAPTER 625

AN ACT relating to airports; authorizing local governments operating airports to enter into exclusive agreements for facilities and services; and providing other matters properly relating thereto.

 

[Approved June 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 496 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In contracting with persons to furnish facilities or services for the purposes of this chapter, a municipality may award exclusive or limited rights or franchises which would, absent this grant of authority, violate state or federal laws prohibiting antitrust activities. A municipality may grant exclusive or limited agreements which replace business competition with regulated anticompetitive services, subject only to the regulatory authority vested by law in the public service commission of Nevada or the taxicab authority.

 

________

 

 


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

ê1983 Statutes of Nevada, Page 2052ê

 

CHAPTER 626, AB 140

Assembly Bill No. 140–Committee on Taxation

CHAPTER 626

AN ACT relating to taxation; providing for the submission to the registered voters at the general election in 1984 of the question whether the Sales and Use Tax Act of 1955 should be amended to provide for exclusion from the taxes of the value of a used vehicle taken in trade on sale of another vehicle and to provide for partial removal of the exemption for occasional sales of vehicles; correspondingly amending the Local School Support Tax Law; and providing other matters properly relating thereto.

 

[Approved June 1, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election on November 6, 1984, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

      Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

 

       Notice is hereby given that at the general election on November 6, 1984, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

 

AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto,” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA DO ENACT AS FOLLOWS:

 

       Section 1.  The above entitled act, being chapter 397, Statutes of Nevada 1955, at page 766, is hereby amended by adding thereto two new sections to be designated as sections 18.2 and 47.5, respectively, which shall immediately follow sections 18.1 and 47.1, respectively, and shall read respectively as follows:

      Sec. 18.2.  “Vehicle” has the meaning ascribed to it in NRS 482.135.

 


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

ê1983 Statutes of Nevada, Page 2053 (Chapter 626, AB 140)ê

 

      Sec. 47.5.  1.  Except as provided in subsection 2, for the purpose of computing the tax on the sale of a vehicle by a seller who is not required to be registered with the department, each vehicle must be depreciated according to the following schedule:

 

                                                                                              Percentage of

         Age                                                                                Initial Value

 

  New..................................................................................      100 percent

  1 year..............................................................................        85 percent

  2 years.............................................................................        75 percent

  3 years.............................................................................        65 percent

  4 years.............................................................................        60 percent

  5 years.............................................................................        55 percent

  6 years.............................................................................        50 percent

  7 years.............................................................................        45 percent

  8 years.............................................................................        40 percent

  9 years.............................................................................        35 percent

10 years............................................................................        30 percent

11 years............................................................................        25 percent

12 years............................................................................        20 percent

13 years............................................................................        15 percent

14 years or more.............................................................        10 percent

 

      2.  The amount of depreciation calculated under subsection 1 must be rounded to the nearest whole multiple of $20 and the depreciated value must not be reduced below $100.

       Sec. 2.  Sections 11 and 12, 15 and 18.1 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at pages 764, 765 and 766 respectively, are hereby amended to read as follows:

      Sec. 11.  1.  “Sales price” means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:

      (a) The cost of the property sold.

      (b) The cost of materials used, labor or service cost, interest charged, losses, or any other expenses.

      (c) The cost of transportation of the property prior to its purchase.

      2.  The total amount for which property is sold includes all of the following:

      (a) Any services that are a part of the sale.

      (b) Any amount for which credit is given to the purchaser by the seller.

      3.  “Sales price” does not include any of the following:

      (a) Cash discounts allowed and taken on sales.

      (b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

 


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

ê1983 Statutes of Nevada, Page 2054 (Chapter 626, AB 140)ê

 

cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

      (c) The amount charged for labor or services rendered in installing or applying the property sold.

      (d) The amount of any tax (not including, however, any manufacturers’ or importers’ excise tax) imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.

      (e) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.

      4.  For the purpose of a sale of a vehicle by a seller who is not required to be registered with the department of taxation, the sales price is the value established by the department of motor vehicles or the county assessor, as agent of the department, based on the depreciated value of the vehicle as determined in accordance with the schedule in section 47.5 of this act. To determine the original price from which the depreciation is calculated, the department of motor vehicles shall use:

      (a) The manufacturer’s suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada.

      (b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.

      (c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or

      (d) If none of these applies, its own estimate from any available information.

      Sec. 12.  1.  “Gross receipts” means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:

      (a) The cost of the property sold. However, in accordance with such rules and regulations as the tax commission may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the state or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.

 


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

ê1983 Statutes of Nevada, Page 2055 (Chapter 626, AB 140)ê

 

will be allowed to his vendor with respect to the sale of the property.

      (b) The cost of the materials used, labor or service cost, interest paid, losses, or any other expense.

      (c) The cost of transportation of the property prior to its sale to the purchaser.

      2.  The total amount of the sale or lease or rental price includes all of the following:

      (a) Any services that are a part of the sale.

      (b) All receipts, cash, credits, and property of any kind.

      (c) Any amount for which credit is allowed by the seller to the purchaser.

      3.  “Gross receipts” do not include any of the following:

      (a) Cash discounts allowed and taken on sales.

      (b) Sale price of property returned by customers when the full sale price is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

      (c) The price received for labor or services used in installing or applying the property sold.

      (d) The amount of any tax (not including, however, any manufacturers’ or importers’ excise tax) imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.

      (e) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.

      4.  For purposes of the sales tax, if the retailers establish to the satisfaction of the tax commission that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.

      Sec. 15.  1.  “Retailer” includes:

      (a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.

      (b) Every person engaged in the business of making sales for storage, use, or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption.

      (c) Every person making any retail sale of a vehicle or more than two retail sales of other tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.

 


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

ê1983 Statutes of Nevada, Page 2056 (Chapter 626, AB 140)ê

 

than two retail sales of other tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.

      2.  When the tax commission determines that it is necessary for the efficient administration of this act to regard any salesman, representatives, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors, or employers the tax commission may so regard them and may regard the dealers, distributors, supervisors, or employers as retailers for purposes of this act.

      3.  A licensed optometrist or physician and surgeon is a consumer of, and shall not be considered a retailer within the provisions of this act, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.

      Sec. 18.1.  1.  “Occasional [sale”] sale,” except as otherwise provided in subsection 2, includes:

      (a) A sale of property not held or used by a seller in the course of an activity for which he is required to hold a seller’s permit, [provided such] if the sale is not one of a series of sales sufficient in number, scope and character to constitute an activity requiring the holding of a seller’s permit.

      (b) Any transfer of all or substantially all the property held or used by a person in the course of such an activity when after [such] the transfer the real or ultimate ownership of [such] the property is substantially similar to that which existed before [such] the transfer.

      2.  The term does not include the sale of a vehicle other than the sale or transfer of a used vehicle to the seller’s spouse, child, grandchild, parent, grandparent, brother or sister. For the purposes of this section, the relation of parent and child includes adoptive and illegitimate children and stepchildren.

      3.  For the purposes of this section, stockholders, bondholders, partners, or other persons holding an interest in a corporation or other entity are regarded as having the “real or ultimate ownership” of the property of [such] the corporation or other entity.

       Sec. 3.  This act shall become effective on January 1, 1985.

 


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

ê1983 Statutes of Nevada, Page 2057 (Chapter 626, AB 140)ê

 

      Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

       Shall the Sales and Use Tax Act be amended to provide for excluding from the sales tax and use tax the value of any used vehicle taken in trade on the purchase of another vehicle and for removing the exemption from those taxes for occasional sales of vehicles except where such sales are between certain family members?

      Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act of 1955 would provide for excluding from the sales and use tax the value of any used vehicle taken in trade on the purchase of another vehicle and for removing the exemption from those taxes for occasional sales of vehicles except where such sales are between certain family members. The legislature has amended the Local School Support Tax Law and the City-County Relief Tax Law to provide for changes similar to those proposed for the Sales and Use Tax Act. A “Yes” vote is to provide for excluding from sales or use tax the value of a vehicle taken in trade on the purchase of another vehicle and to provide for removing the exemption from the tax for occasional sales of vehicles except between certain family members. A “No” vote is a vote to maintain the tax on the full value of each vehicle each time it is sold and to maintain the exemption from the tax for occasional sales of vehicles.

      Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 shall become effective on January 1, 1985. If a majority of votes cast on the question is no, the question shall have failed and the amendment to the Sales and Use Tax Act of 1955 shall not become effective.

      Sec. 7.  All general election laws not inconsistent with this act are applicable.

      Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.

 


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

ê1983 Statutes of Nevada, Page 2058 (Chapter 626, AB 140)ê

 

      Sec. 9.  NRS 372.125 is hereby amended to read as follows:

      372.125  1.  Every person desiring to engage in or conduct business as a seller within this state must file with the department an application for a permit for each place of business [.] , unless he intends to sell vehicles and will make fewer than three retail sales of vehicles during any 12-month period.

      2.  Every application for a permit must:

      (a) Be made upon a form prescribed by the department.

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.

      (c) Set forth other information which the department may require.

      3.  The application must be signed by the owner if he is a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which must be attached the written evidence of his authority.

      Sec. 9.3.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 9.4 and 9.5 of this act.

      Sec. 9.4. “Vehicle” has the meaning ascribed to it in NRS 482.135.

      Sec. 9.5. 1.  Except as provided in subsection 2, for the purpose of computing the tax on the sale of a vehicle by a seller who is not required to be registered with the department, each vehicle must be depreciated according to the following schedule:

                                                                                              Percentage of

         Age                                                                                Initial Value

 

  New..................................................................................      100 percent

  1 year..............................................................................        85 percent

  2 years.............................................................................        75 percent

  3 years.............................................................................        65 percent

  4 years.............................................................................        60 percent

  5 years.............................................................................        55 percent

  6 years.............................................................................        50 percent

  7 years.............................................................................        45 percent

  8 years.............................................................................        40 percent

  9 years.............................................................................        35 percent

10 years............................................................................        30 percent

11 years............................................................................        25 percent

12 years............................................................................        20 percent

13 years............................................................................        15 percent

14 years or more.............................................................        10 percent

 

      2.  The amount of depreciation calculated under subsection 1 must be rounded to the nearest whole multiple of $20 and the depreciated value must not be reduced below $100.

 


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

ê1983 Statutes of Nevada, Page 2059 (Chapter 626, AB 140)ê

 

      Sec. 9.6.  NRS 374.020 is hereby amended to read as follows:

      374.020  Except where the context otherwise requires, the definitions given in NRS 374.025 to 374.105, inclusive, and section 9.4 of this act govern the construction of this chapter.

      Sec. 10.  NRS 374.030 is hereby amended to read as follows:

      374.030  1.  “Gross receipts” means the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:

      (a) The cost of the property sold. However, in accordance with such rules and regulations as the department may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the county or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.

      (b) The cost of the materials used, labor or service cost, interest paid, losses or any other expense.

      (c) The cost of transportation of the property prior to its sale to the purchaser.

      2.  The total amount of the sale or lease or rental price includes all of the following:

      (a) Any services that are a part of the sale.

      (b) All receipts, cash, credits and property of any kind.

      (c) Any amount for which credit is allowed by the seller to the purchaser.

      3.  “Gross receipts” does not include any of the following:

      (a) Cash discounts allowed and taken on sales.

      (b) Sale price of property returned by customers when the full sale price is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

      (c) The price received for labor or services used in installing or applying the property sold.

      (d) The amount of any tax (not including, however, any manufacturers’ or importers’ excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.

      (e) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.

      4.  For purposes of the sales tax, if the retailers establish to the satisfaction of the department that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.

 


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

ê1983 Statutes of Nevada, Page 2060 (Chapter 626, AB 140)ê

 

total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.

      Sec. 11.  NRS 374.040 is hereby amended to read as follows:

      374.040  1.  “Occasional [sale”] sale,” except as otherwise provided in subsection 2, includes:

      (a) A sale of property not held or used by a seller in the course of an activity for which he is required to hold a seller’s permit, provided such sale is not one of a series of sales sufficient in number, scope and character to constitute an activity requiring the holding of a seller’s permit.

      (b) Any transfer of all or substantially all the property held or used by a person in the course of such an activity when after such transfer the real or ultimate ownership of such property is substantially similar to that which existed before such transfer.

      2.  The term does not include the sale of a vehicle other than the sale or transfer of a used vehicle to the seller’s spouse, child, grandchild, parent, grandparent, brother or sister. For the purposes of this section, the relation of parent and child includes adoptive and illegitimate children and stepchildren.

      3.  For the purposes of this section, stockholders, bondholders, partners or other persons holding an interest in a corporation or other entity are regarded as having the “real or ultimate ownership” of the property of such corporation or other entity.

      Sec. 12.  NRS 374.060 is hereby amended to read as follows:

      374.060  1.  “Retailer” includes:

      (a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.

      (b) Every person engaged in the business of making sales for storage, use or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use or other consumption.

      (c) Every person making any retail sale of a vehicle or more than two retail sales of other tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.

      2.  When the department determines that it is necessary for the efficient administration of this chapter to regard any salesmen, representatives, peddlers or canvassers as the agents of the dealers, distributors, supervisors or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors or employers, the department may so regard them and may regard the dealers, distributors, supervisors or employers as retailers for purposes of this chapter.

 


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

ê1983 Statutes of Nevada, Page 2061 (Chapter 626, AB 140)ê

 

      3.  A licensed optometrist or physician is a consumer of, and shall not be considered, a retailer within the provisions of this chapter, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.

      Sec. 13.  NRS 374.070 is hereby amended to read as follows:

      374.070  1.  “Sales price” means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:

      (a) The cost of the property sold.

      (b) The cost of the materials used, labor or service cost, interest charged, losses, or any other expenses.

      (c) The cost of transportation of the property prior to its purchase.

      2.  The total amount for which property is sold includes all of the following:

      (a) Any services that are a part of the sale.

      (b) Any amount for which credit is given to the purchaser by the seller.

      3.  “Sales price” does not include any of the following:

      (a) Cash discounts allowed and taken on sales.

      (b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

      (c) The amount charged for labor or services rendered in installing or applying the property sold.

      (d) The amount of any tax (not including, however, any manufacturers’ or importers’ excise tax) imposed by the United States upon or with respect to retail sales, whether imposed upon the retailer or the consumer.

      (e) The amount of any tax imposed by the State of Nevada upon or with respect to the storage, use or other consumption of tangible personal property purchased from any retailer.

      (f) The amount of any allowance against the selling price given by a retailer for the value of a used vehicle which is taken in trade on the purchase of another vehicle.

      4.  For the purpose of a sale of a vehicle by a seller who is not required to be registered with the department of taxation, the sales price is the value established by the department of motor vehicles or the county assessor, as agent of the department, based on the depreciated value of the vehicle as determined in accordance with the schedule in section 9.5 of this act. To determine the original price from which the depreciation is calculated, the department of motor vehicles shall use:

 

 


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

ê1983 Statutes of Nevada, Page 2062 (Chapter 626, AB 140)ê

 

the depreciation is calculated, the department of motor vehicles shall use:

      (a) The manufacturer’s suggested retail price in Nevada, excluding options and extras, as of the time the particular make and year model is first offered for sale in Nevada.

      (b) If the vehicle is specially constructed, the original retail price to the original purchaser of the vehicle as evidenced by such document or documents as the department may require.

      (c) The procedures set forth in subsections 3 and 4 of NRS 371.050; or

      (d) If none of these applies, its own estimate from any available information.

      Sec. 14.  NRS 374.130 is hereby amended to read as follows:

      374.130  1.  Every person desiring to engage in or conduct business as a seller within a county shall file with the department an application for a permit for each place of business [.] , unless he intends to sell vehicles and will make fewer than three retail sales of vehicles during any 12-month period.

      2.  Every application for a permit [shall:] must:

      (a) Be made upon a form prescribed by the department.

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of his place or places of business.

      (c) Set forth such other information as the department may require.

      3.  The application [shall] must be signed by the owner if he is a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which [shall] must be attached the written evidence of his authority.

      Sec. 14.3.  NRS 374.785 is hereby amended to read as follows:

      374.785  1.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter must be paid to the department in the form of remittances payable to the department.

      2.  The department shall deposit the payments in the state treasury to the credit of the sales and use tax account in the state general fund.

      3.  The state controller, acting upon the collection data furnished by the department, shall, each month, from the sales and use tax account in the state general fund:

      (a) Transfer one-half of 1 percent of all fees, taxes, interest and penalties collected in each county during the preceding month to the appropriate account in the state general fund as compensation to the state for the costs of collecting the tax for the counties.

      (b) Determine the amount of money equal to the taxes and any fees, interest and penalties which relate to the operation of each project for the generation, transmission or distribution of electricity, or to any other electrical facilities, whose construction is commenced on or after January 1, 1982.

 


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

ê1983 Statutes of Nevada, Page 2063 (Chapter 626, AB 140)ê

 

January 1, 1982. For the purposes of this paragraph, “commencement of construction” has the meaning ascribed to it in NRS 704.840. This amount must be apportioned:

             (1) Ten percent to the county in which the project is located; and

             (2) The remainder among all counties of the state in proportion to their respective populations.

The legislature finds and declares that the consumption of electricity is roughly proportionate to population and that this apportionment fairly distributes revenues arising from this consumption, and takes fair account of the effect of the generation of power on the natural resources of the state as a whole.

      (c) Determine for each county the amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter during the preceding month less the amount transferred pursuant to paragraph (a) of this subsection and the sum of any amounts determined pursuant to paragraph (b).

      (d) Transfer the total amount of taxes collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.

      (e) Transfer the amount owed to each county to the intergovernmental trust fund and remit the money to the credit of the county school district fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 14.6.  NRS 377.055 is hereby amended to read as follows:

      377.055  1.  The state controller, acting upon the collection data furnished by the department, shall monthly:

      (a) Determine for each county an amount of money equal to the sum of:

             (1) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 and the sum of any amounts distributed pursuant to NRS 377.053; and

             (2) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state business not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      (b) Remit the amount determined for each county in the following manner:

             (1) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

 


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

ê1983 Statutes of Nevada, Page 2064 (Chapter 626, AB 140)ê

 

money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             (2) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

             (3) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      2.  The provisions of paragraph (b) of subsection 1 do not apply to Carson City, where the treasurer shall deposit the entire amount determined to the city and received from the state controller in the general fund.

      3.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 15.  NRS 482.225 is hereby amended to read as follows:

      482.225  1.  When application is made to the department for registration of a vehicle purchased in this state from a person other than a retailer required to be registered with the department of taxation or of a vehicle purchased outside [the] this state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department [shall notify the representative of the department of taxation or its agent of the owner’s or registrant’s intent to register that vehicle. The representative of the department of taxation] or its agent shall determine and collect any sales or use tax due [,] and shall remit the [taxes he collects] tax to the department of taxation [.] except as otherwise provided in NRS 482.260.

      2.  If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect the tax and remit it to the department of taxation.

      3.  Until [notified by the representative of the department of taxation or its agent of payment of or exemption from the tax,] all applicable taxes and fees are collected, the department shall refuse to register the vehicle.

      4.  In [counties with a population of 30,000 or more, where the department has established branch offices, the department of taxation shall designate the department of motor vehicles as its agent for the collection of use tax on vehicles as provided in subsections 1 and 2. In] any county with a population of less than 30,000, the department of [taxation] motor vehicles shall designate the county assessor [, the department or the agent of the department] as the agent of the department [of taxation] for the collection of any sales or use tax.

 


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

ê1983 Statutes of Nevada, Page 2065 (Chapter 626, AB 140)ê

 

department or the agent of the department] as the agent of the department [of taxation] for the collection of any sales or use tax.

      5.  If the registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the [representative of the department of taxation,] department and then may submit his claim for exemption in writing, signed by him or his authorized representative, to the department [of taxation] together with his claim for refund of tax erroneously or illegally collected.

      6.  If the department [of taxation] finds that the tax has been erroneously or illegally collected, the tax must be refunded . [as provided in NRS 372.630 to 372.720, inclusive.]

      Sec. 16.  NRS 482.260 is hereby amended to read as follows:

      482.260  1.  The department and its agents in registering a vehicle shall:

      (a) Collect the [license plate] fees for license plates and registration [fees] as provided for in this chapter.

      (b) Collect the privilege tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration , [period,] unless the vehicle is deemed to have no base.

      (c) Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      (d) Issue a certificate of registration, together with the regular license plate or plates.

      2.  Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.

      3.  Every vehicle referred to in subsection 1 of NRS 482.206 being registered for the first time in Nevada [shall] must be taxed for the proposes of the privilege tax [purposes] for a 12-month period. Every vehicle referred to in subsection 2 of NRS 482.206 being registered for the first time in Nevada [shall] must be taxed for the purposes of the privilege tax [purposes] pro rata on a monthly basis upon the amount of time remaining in the current calendar year.

      4.  The department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder to the department of taxation.

      Sec. 17.  1.  Chapter 7, Statutes of Nevada 1983, is hereby repealed.

      2.  Section 11.9 of chapter 169, Statutes of Nevada 1983, is hereby amended to read as follows:

       Sec. 11.9.  NRS 377.055 is hereby amended to read as follows:

       377.055  1.  The [state controller, acting upon the collection data furnished by the] department, shall monthly [:

       (a) Determine] determine for each county an amount of money equal to the sum of:

             [(1)](a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 and the sum of any amounts distributed pursuant to NRS 377.053; and

 

 


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ê1983 Statutes of Nevada, Page 2066 (Chapter 626, AB 140)ê

 

derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 and the sum of any amounts distributed pursuant to NRS 377.053; and

             [(2)](b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state business not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

       [(b) Remit]2.  The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:

             [(1)](a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

             [(2)](b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

             [(3)](c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

       [2.]3.  The provisions [of paragraph (b)] of subsection [1] 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined [to] for the city and received from the state controller in the general fund.

       [3.  The governor shall annually, on or before January 1, certify the population of each county and city to be used for the purposes of this section during the fiscal year beginning on the following July 1.]

       4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      3.  Section 13 of chapter 187, Statutes of Nevada 1983, is hereby amended to read as follows:

       Sec. 13.  NRS 374.020 is hereby amended to read as follows:

       374.020  Except where the context otherwise requires, the definitions given in NRS 374.025 to [374.105,] 374.100, inclusive, and section 9.4 of Assembly Bill No. 140 of this session, govern the construction of this chapter.

      Sec. 18.  1.  Sections 1 to 8, inclusive, of this act shall become effective on July 1, 1983.

      2.  Section 9 of this act shall become effective on January 1, 1985, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 6, 1984.

 


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ê1983 Statutes of Nevada, Page 2067 (Chapter 626, AB 140)ê

 

only if the question provided for in section 3 of this act is approved by the voters at the general election on November 6, 1984.

      3.  Section 9.3 to 17, inclusive, of this act and this section shall become effective upon passage and approval.

 

________

 

 

CHAPTER 627, AB 335

Assembly Bill No. 335–Assemblymen Bogaert, Getto, Kerns, Redelsperger, Bergevin, Dini, Marvel and Bilyeu

CHAPTER 627

AN ACT relating to minerals; changing the regulatory authority for natural resources; creating the commission on mineral resources and providing for its organization, powers and duties; abolishing the oil, gas and mining board; creating the department of minerals and providing for its organization, powers and duties; abolishing the division of mineral resources of the state department of conservation and natural resources; abolishing the department of energy; creating the office of community services; creating and increasing fees; and providing other matters properly relating thereto.

 

[Approved June 2, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature declares that the purpose of this act is to:

      1.  Benefit and promote the welfare of all the people of the State of Nevada.

      2.  Promote the efficient, orderly and economical conduct of the various activities for the encouragement, advancement and protection of mining and the production of geothermal energy, oil, gas and coal in this state.

      3.  Support, assist and encourage large and small mining interests, through the principles of private enterprise and individual initiative, in the discovery and development of the state’s mineral resources.

      4.  Preserve an equitable and workable system of discovery and acquisition of mineral deposits and interests in and on the public lands, while retaining and defending the historic right of all citizens to free access to and across public lands for all lawful pursuits and purposes.

      5.  Achieve an equitable and reasonable balance between mineral and other legitimate interests in the realistic utilization of the public land and its surface and subsurface resources.

      6.  Study means and carry out programs to assist the operators of small mines in the acquisition of or access to milling and smelting facilities to process ores or concentrates into a marketable product.

      Sec. 2.  Chapter 513 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 9.5, inclusive, of this act.

      Sec. 3.  1.  The commission on mineral resources, composed of seven members appointed by the governor, is hereby created.

 


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ê1983 Statutes of Nevada, Page 2068 (Chapter 627, AB 335)ê

 

      2.  The governor shall appoint:

      (a) Two persons who are familiar with large-scale mining;

      (b) One person who is familiar with the production of oil and gas;

      (c) One person who is familiar with exploration for and development of minerals;

      (d) One person who is familiar with the situations unique to small-scale mining and prospecting;

      (e) One person who is familiar with the development of geothermal resources; and

      (f) One member to represent the general public.

      3.  The members of the commission shall serve terms of 4 years, except when appointed to fill unexpired terms.

      Sec. 4. Each member of the commission is entitled to receive a salary of $60 for each day while engaged in the business of the commission and the travel expenses and subsistence allowances provided by law.

      Sec. 5. 1.  The members of the commission shall select a chairman from among their number who shall serve at the pleasure of the commission.

      2.  The executive director shall serve as secretary of the commission and shall keep the minutes of its proceedings.

      Sec. 6. 1.  The commission shall meet at such times and at such places as is specified by the call of the chairman or a majority of the commission, but a meeting of the commission must be held at least once every 4 months. In case of emergency, special meetings may be called by the chairman or by the executive director.

      2.  Four members of the commission constitute a quorum for transacting the business of the commission.

      3.  The minutes of each meeting of the commission must be filed with the department.

      Sec. 7. The commission shall:

      1.  Keep itself informed of and interested in the entire field of legislation and administration charged to the department.

      2.  Report to the governor and the legislature on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.

      3.  Advise and make recommendations to the governor and the legislature concerning the policy of this state relating to minerals.

      4.  Formulate the administrative policies of the department and its various divisions.

      5.  Adopt regulations necessary for carrying out the duties of the commission and the department.

      Sec. 8. 1.  The department of minerals is hereby created.

      2.  The department consists of:

      (a) The division of administration.

      (b) The division of regulation.

 


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ê1983 Statutes of Nevada, Page 2069 (Chapter 627, AB 335)ê

 

      (c) Such other divisions as the executive director may from time to time establish.

      3.  The division of administration shall:

      (a) Maintain a central recordkeeping system, keep personnel records of the department’s employees and administer personnel rules, conduct the fiscal and auditing functions of the department and perform such other administrative services as are required by the department.

      (b) Encourage and assist in the exploration for and the production of oil, gas, geothermal energy and minerals within this state.

      (c) Collect and disseminate throughout the state information, calculated to educate persons engaged in those enterprises and benefit those enterprises in this state, and any information pertaining to any program administered by the department.

      4.  The division of regulation shall:

      (a) Maintain a register of all mining operations and operations for the production of oil, gas and geothermal energy in this state.

      (b) Record annually the production of each registered mining operation and operation for the production of oil, gas and geothermal energy in this state.

      (c) Administer the provisions of chapter 522 of the Nevada Revised Statutes.

      (d) Administer any regulations adopted by the commission.

      Sec. 8.5. 1.  The chief administrative officer of the department is the executive director, who must be appointed by the governor from a list of three nominees selected by the commission.

      2.  The executive director must be a graduate of an accredited college or university and must have substantial experience as an administrator or at least 5 years’ experience in the exploration for or the production or conservation of minerals.

      3.  The executive director is in the unclassified service of the state and serves at the pleasure of the commission.

      4.  The executive director shall devote his entire time and attention to his duties as a public officer and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 9. The executive director:

      1.  Shall coordinate the activities of the various divisions of the department.

      2.  May serve as administrator of any division.

      3.  May appoint an administrator for any division. The administrator must be appointed on the basis of fitness and is in the unclassified service.

      4.  Shall report to the commission upon all matters pertaining to the administration of the department.

      5.  Shall submit a biennial report to the governor and the legislature through the commission concerning the work of the department, with recommendations that he may deem necessary. The report shall set forth the facts relating to the condition of mining and of exploration for and production of oil and gas in the state.

 


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ê1983 Statutes of Nevada, Page 2070 (Chapter 627, AB 335)ê

 

forth the facts relating to the condition of mining and of exploration for and production of oil and gas in the state.

      Sec. 9.5. 1.  The fund for the department of minerals is hereby created in the state treasury as a special revenue fund.

      2.  The following special fees and money must be deposited in the fund:

      (a) All fees collected under chapter 522 of NRS.

      (b) Special fees collected under NRS 517.230 and assigned to the fund.

      (c) Any money appropriated to the department from the state general fund.

      3.  No money except that appropriated from the state general fund reverts to the state general fund.

      4.  The money in the fund is appropriated to the department and must be expended for the purposes of administering the provisions of this chapter and chapter 522 of NRS. All interest earned on the fund must remain in the fund.

      Sec. 10.  NRS 513.011 is hereby amended to read as follows:

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

      1.  [“Administrator” means the administrator of the division.

      2.  “Board” means the oil, gas and mining board.

      3.  “Division” means the division of mineral resources in the state department of conservation and natural resources.] “Commission” means the commission on mineral resources.

      2.  “Department” means the department of minerals.

      3.  “Executive director” means the executive director of the department.

      Sec. 11.  NRS 513.051 is hereby amended to read as follows:

      513.051  The [division] department may request assistance from the bureau of mines and geology of the State of Nevada, the state analytical laboratory and the state engineer and cooperate with them in carrying out the purposes of this chapter.

      Sec. 12.  Chapter 522 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 40, inclusive, of this act.

      Sec. 13.  “Correlative rights” means the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste his just and equitable share of the oil or gas, or both, in the pool and for this purpose to use his just and equitable share of the reservoir’s energy.

      Sec. 14.  “Department” means the department of minerals.

      Sec. 15.  “Field” means the general area which is underlain or appears to be underlain by at least one pool and includes the underground reservoir or reservoirs containing oil or gas.

      Sec. 16.  “Gas” includes all natural gas and all hydrocarbons produced at the wellhead except oil.

 


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ê1983 Statutes of Nevada, Page 2071 (Chapter 627, AB 335)ê

 

      Sec. 17.  “Oil” includes:

      1.  The crude petroleum oil and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form; and

      2.  The liquid hydrocarbon known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas.

      Sec. 18.  “Owner” means the person who has the right to drill into and produce from a pool and to appropriate the oil and gas he produces therefrom for himself and others.

      Sec. 19.  “Person” includes any department, agency or instrumentality of the state or any governmental subdivision thereof.

      Sec. 20.  “Pool” means an underground reservoir containing, or appearing to contain, a common accumulation of oil or gas. Each zone of a general structure which is completely separated from any other zone in the structure is included in the term “pool.”

      Sec. 21.  “Producer” means the owner of a well or wells capable of producing oil or gas or both.

      Sec. 22. “Waste” includes:

      1.  The inefficient, excessive or improper use of or unnecessary dissipation of reservoir energy;

      2.  The locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with good engineering practices in an oil field.

      3.  The inefficient aboveground storage of oil;

      4.  The locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas.

      5.  Producing oil or gas in such manner as to cause unnecessary water channeling or coning.

      6.  The operation of an oil well with an inefficient ratio of gas to oil.

      7.  The drowning with water of any pool or part thereof capable of producing oil or gas, except insofar as and to the extent authorized by the commission under this chapter.

      8.  Underground waste.

      9.  The creation of unnecessary fire hazards.

      10.  The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient production of the well.

      11.  The use of gas for the manufacture of carbon black, except as provided for in this chapter.

      Sec. 23.  As used in sections 24 to 40, inclusive, of this act, “unit production” includes all oil and gas produced from a unit area from and after the effective date of the order of the department creating the unit regardless of the well or tract within the unit area from which it is produced.

 


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ê1983 Statutes of Nevada, Page 2072 (Chapter 627, AB 335)ê

 

      Sec. 24.  1.  To prevent, or to assist in preventing waste, as prohibited by this chapter, to ensure a greater ultimate recovery of oil and gas, and to protect the correlative rights of persons owning interests in the tracts of land affected, those persons may validly integrate their interests to provide for the unitized management, development and operation of those tracts of land as a unit. Where those persons have not agreed so to integrate their interests, the department, upon proper petition, after notice and hearing, shall make and enforce such orders and do such things as may be necessary or proper to carry out the purposes of sections 25 to 40, inclusive, of this act.

      2.  The petition must set forth a description of the proposed unit area with a map or plat thereof attached, must allege the existence of the facts required to be found by the department as provided in section 25 of this act and must have attached thereto a recommended plan of unitization applicable to the proposed unit area and which the petitioner considers to be fair, reasonable and equitable.

      Sec. 25.  If upon the filing of a petition and after notice and hearing, the department finds that:

      1.  The unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order effectively to carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, water-flooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool;

      2.  One or more of the unitized methods of operation as applied to the pool or portion thereof are feasible, will prevent waste and will, with reasonable probability, result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered;

      3.  The estimated additional cost, if any, of conducting those operations will not exceed the value of the additional oil and gas so recovered; and

      4.  The unitization and adoption of one or more of the unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the pool or the portion thereof directly affected,

it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the pool or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable, and which are necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees.

 


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ê1983 Statutes of Nevada, Page 2073 (Chapter 627, AB 335)ê

 

      Sec. 26.  1.  The order of the department must define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto.

      2.  Each unit and unit area must be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of the pool.

      Sec. 27.  The plan of unitization for each such unit and unit area must be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the department to be reasonably necessary or proper to effectuate or accomplish the purpose of this chapter, and subject to further requirements of this section, each such plan of unitization must contain fair, reasonable and equitable provisions for:

      1.  The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator must be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the department.

      2.  The division of interest or formula for the apportionment and allocation of the unit production among and to the several separately owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract’s fair, equitable and reasonable share of the unit production must be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of such factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination.

 


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ê1983 Statutes of Nevada, Page 2074 (Chapter 627, AB 335)ê

 

      3.  The manner in which the unit and the further development and operation of the unit area will be financed and the basis, terms and conditions on which the cost and expense thereof will be apportioned among and assessed against the tracts and interests made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to the operations. Upon and subject to such terms and conditions as to time and rate of interest as is fair to all concerned, reasonable provisions must be made in the plan of unitization for carrying or otherwise financing lessees who are unable promptly to meet their financial obligations in connection with the unit.

      4.  The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation

      5.  The creation of an operating committee to have general overall management and control of the unit and the conduct of its business and affairs and the operations carried on by it, together with the creation or designation of such other subcommittees, boards, or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all those committees, boards and officers, and prescribing their tenure and time and method for their selection.

      6.  The time when the plan of unitization becomes effective.

      7.  The time when and the conditions under which and the method by which the unit may be dissolved and its affairs wound up.

      Sec. 28.  1.  No order of the department creating a unit and prescribing the plan of unitization applicable thereto becomes effective unless:

      (a) The plan of unitization has been signed or in writing ratified, or approved by the lessees of record of not less than 62.5 percent of the unit area affected thereby and by the owners of record or not less than 62.5 percent (exclusive of royalty interests owned by lessees or by subsidiaries of any lessee) of the normal one-eighth landowners’ royalty interest in and to the unit area; and

      (b) The department has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area.

      2.  Where the plan of unitization has not been so signed, ratified or approved by the lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the department shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to the hearing, make and enter a finding of its determination in that regard.

 


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ê1983 Statutes of Nevada, Page 2075 (Chapter 627, AB 335)ê

 

such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to the hearing, make and enter a finding of its determination in that regard. If lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of 6 months after the date on which the order creating the unit is made, the order creating the unit ceases to be of further effect and must be revoked by the department.

      Sec. 29.  1.  Except as otherwise expressly provided in sections 23 to 40, inclusive, of this act, all proceedings held under this chapter, including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the department must be in the form and manner and in accordance with the procedure and procedural requirements provided in NRS 522.090.

      2.  Such additional notice must be given as may be required by the department.

      Sec. 30.  After the effective date of an order of the department creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in the plan of unitization is unlawful.

      Sec. 31.  The obligation or liability of the lessees or other owners of the oil and gas rights in the several separately owned tracts for the payment of unit expense is at all times several and not joint or collective and in no event is a lessee or other owner of the oil and gas rights in the separately owned tract chargeable with, obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately owned tract pursuant to the plan of unitization and then only to the extent of the lien provided for in section 32 of this act.

      Sec. 32.  1.  Subject to such reasonable limitations as may be set out in the plan of unitization, the unit has a first and prior lien upon the leasehold estate and all other oil and gas rights (exclusive of a one-eighth landowners’ royalty interest) in and to each separately owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against the separately owned tract.

      2.  The interest of the lessee or other persons who by lease, contract or otherwise are obligated or responsible for the cost and expense of developing and operating a separately owned tract for oil and gas in the absence of unitization, is primarily responsible for and charged with any assessment for unit expense made against the tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with that cost, only if the owner of interest primarily responsible fails to pay the assessment of the production to the credit thereof, or production is insufficient for that purpose.

 


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ê1983 Statutes of Nevada, Page 2076 (Chapter 627, AB 335)ê

 

may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with that cost, only if the owner of interest primarily responsible fails to pay the assessment of the production to the credit thereof, or production is insufficient for that purpose.

      3.  If the owner of any royalty interest, overriding royalty, oil or gas payment, or any other interest which under the plan of unitization is not primarily responsible therefor pays in whole or in part the amount of an assessment for unit expense for the purpose of protecting that interest, or the amount of the assessment in whole or in part is deducted from the unit production to the credit of that interest, the owner thereof is to the extent of the payment or deduction subrogated to all the rights of the unit with respect to the interest or interests primarily responsible for the assessment.

      4.  A one-eighth part of the unit production allocated to each separately owned tract must in all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to, the royalty owners free and clear of all unit expense and free of any lien therefor.

      Sec. 33.  Property rights, leases, contracts and all other rights and obligations must be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this chapter and to any valid and applicable plan of unitization or order of the department made and adopted pursuant to this chapter, but otherwise to remain in effect.

      Sec. 34.  1.  This chapter does not require a transfer to or vesting in the unit of title to the separately owned tracts or leases within the unit area, other than the right to use and operate them to the extent set out in the plan of unitization; nor may the unit be regarded as owning the unit production. The unit production and the proceeds from the sale thereof are owned by the several persons to whom they are allocated under the plan of unitization.

      2.  Neither the unit production or proceeds from the sale thereof, nor the other receipts may be treated or taxed as income or profits of the unit; but instead, all such receipts are the income of the several persons to whom or to whose credit they are payable under the plan of unitization. To the extent the unit may receive or disburse the receipts it shall only do so as a common administrative agent of the persons to whom they are payable.

      Sec. 35.  1.  The amount of the unit production allocated to each separately owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately owned tract, must be considered as production from the separately owned tract, and, except as may be otherwise authorized in this chapter, or in the plan of unitization approved by the department, must be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from the separately owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not the unit been organized, and with the same legal effect.

 


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ê1983 Statutes of Nevada, Page 2077 (Chapter 627, AB 335)ê

 

distributed among or the proceeds thereof paid to the several persons entitled to share in the production from the separately owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not the unit been organized, and with the same legal effect.

      2.  If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately owned tract must be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from the owners subject to the rights of the unit to withhold and sell it in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.

      Sec. 36.  All property, whether real or personal, which the unit may in any way acquire, hold or possess, may not be acquired, held or possessed by the unit for its own account but must be so acquired, held and possessed by the unit for the account and as agent of the several lessees and is the property of the lessees as their interests may appear under the plan of unitization, subject to the right of the unit to the possession, management, use or disposal of the property in the proper conduct of its affairs, and subject to any lien the unit may have on it to secure the payment of unit expense.

      Sec. 37.  No agreement or plan for the development and operation of a field or pool of oil or gas as a unit, if approved by the department for the purpose of conserving oil or gas, violates any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce.

      Sec. 38.  Operations carried on under and in accordance with the plan of unitization must be considered as a fulfillment of a compliance with all of the provisions, covenants and conditions, express or implied, of the several oil and gas leases upon lands included with the unit area, or other contracts pertaining to the development thereof insofar as those leases or other contracts may relate to the pool or portion thereof included in the unit area. Wells drilled or operated on any part of the unit area, no matter where located, must for all purposes be regarded as wells drilled on each separately owned tract within the unit area.

      Sec. 39.  Sections 23 to 40, inclusive, of this act and any plan of unitization do not increase or decrease the implied covenants of a lease in respect to a common source of supply or lands not included within the unit area of a unit.

      Sec. 40.  The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of the enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as provided in sections 23 to 40, inclusive, of this act with respect to the creation of a unit in the first instance, except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that it be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area does not apply.

 


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ê1983 Statutes of Nevada, Page 2078 (Chapter 627, AB 335)ê

 

further development of the enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as provided in sections 23 to 40, inclusive, of this act with respect to the creation of a unit in the first instance, except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that it be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area does not apply.

      Sec. 41.  NRS 522.020 is hereby amended to read as follows:

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

      1.  “Correlative rights” shall mean the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste his just and equitable share of the oil or gas, or both, in the pool; being an amount, so far as can be practically determined, and so far as can practicably be obtained without waste, substantially in the proportion that the quantity of recoverable oil or gas, or both, under such property bears to the total recoverable oil or gas, or both, in the pool, and for such purposes to use his just and equitable share of the reservoir energy.

      2.  “Division” means the division of mineral resources of the state department of conservation and natural resources.

      3.  “Field” shall mean the general area which is underlain or appears to be underlain by at least one pool; and “field” shall include the underground reservoir or reservoirs containing oil or gas. The words “pool” and “field” mean the same thing when only one underground reservoir is involved; however, “field” unlike “pool” may relate to two or more pools.

      4.  “Gas” shall mean and include all natural gas and all hydrocarbons produced at the wellhead not defined herein as oil.

      5.  “Oil” shall mean and include crude petroleum oil and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form and the liquid hydrocarbon known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas.

      6.  “Owner” shall mean and include the person who has the right to drill into and produce from a pool and to appropriate the oil and gas he produces therefrom for himself and others.

      7.  “Person” means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any department, agency or instrumentality of the state or any governmental subdivision thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.

      8.  “Pool” shall mean an underground reservoir containing, or appearing to contain, a common accumulation of oil or gas. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term “pool” as herein used.

 


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ê1983 Statutes of Nevada, Page 2079 (Chapter 627, AB 335)ê

 

of a general structure which is completely separated from any other zone in the structure is covered by the term “pool” as herein used.

      9.  “Producer” shall mean and include the owner of a well or wells capable of producing oil or gas or both.

      10.  “Waste” shall mean, in addition to its ordinary meaning, “physical waste” and shall include:

      (a) The inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with good oilfield engineering practices.

      (b) The inefficient aboveground storage of oil; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas.

      (c) Producing oil or gas in such manner as to cause unnecessary water channeling or coning.

      (d) The operation of an oil well with an inefficient gas-oil ratio.

      (e) The drowning with water of any pool or part thereof capable of producing oil or gas, except insofar as, and to the extent, authorized by the commission hereunder.

      (f) Underground waste.

      (g) The creation of unnecessary fire hazards.

      (h) The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient production of the well.

      (i) The use of gas for the manufacture of carbon black, except as provided for in this chapter.

      11.  The word “and” includes the word “or” and the use of the word “or” includes the word “and.”

      12.  The use of the plural includes the singular and the use of the singular includes the plural.] , the words and terms defined in sections 13 to 22, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 42.  NRS 522.040 is hereby amended to read as follows:

      522.040  1.  The [division] department has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.

      2.  The [division] department shall make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it.

      3.  The [division] department shall adopt regulations, make orders and take other appropriate action to effectuate the purposes of this chapter.

      4.  The [division] department may:

      (a) Require:

 


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ê1983 Statutes of Nevada, Page 2080 (Chapter 627, AB 335)ê

 

             (1) Identification or ownership of wells, producing leases, tanks, plants and drilling structures.

             (2) The making and filing of reports, well logs and directional surveys. Logs of exploratory or “wildcat” wells marked “confidential” must be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release those logs at an earlier date.

             (3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

             (4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

             (5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

             (6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

             (7) That every person who produces oil or gas in this state [shall] keep and maintain for a period of 5 years within this state complete and accurate record of the quantities thereof, which must be available for examination by the [division] department or its agents at all reasonable times.

      (b) Regulate, for conservation purposes:

             (1) The drilling, producing and plugging of wells.

             (2) The shooting and chemical treatment of wells.

             (3) The spacing of wells.

             (4) The disposal of salt water, nonpotable water and oil field wastes.

             (5) The contamination or waste of underground water.

      (c) Classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

      Sec. 43.  NRS 522.050 is hereby amended to read as follows:

      522.050  A person desiring to drill a well in search of oil or gas shall notify the [division of such] department of that intent on a form prescribed by the [division] department and shall pay a fee of $50 for a permit for each well. Upon receipt of notification and fee, the [division] department shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a [rule,] regulation or order of the [division.] department. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

      Sec. 44.  NRS 522.060 is hereby amended to read as follows:

      522.060  1.  For the prevention of waste, to protect and enforce the correlative rights of lessees in a pool, and to avoid the augmenting and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the [division] department shall, after a hearing, establish a drilling unit or units for each pool.

 


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ê1983 Statutes of Nevada, Page 2081 (Chapter 627, AB 335)ê

 

and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the [division] department shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas [shall] must be limited to the production of gas.

      2.  Each well permitted to be drilled on a drilling unit [shall] must be drilled under such [rules and] regulations and in accordance with such spacing pattern as the [division shall prescribe] department prescribes for the pool in which the well is located. Exceptions to the [rules] regulations and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool, or for some other reason, a well so located on the unit would be nonproductive, or topographical conditions are such as to make the drilling at such a location unduly burdensome. [In the event] If an exception is granted, the [division] department shall take such action as will offset any advantage which the person securing the exception may have over other producers by reason of the drilling of the well as an exception, and so that drainage from developed units to the tract with respect to which the exception is granted will be prevented or minimized, and the producer of the well drilled as an exception will be allowed to produce no more than a just and equitable share of the oil and gas in the pool.

      3.  When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. [In the event such] If those persons do not agree to pool their interests, the [division] department may, for the prevention of waste, for the protection of correlative rights, or to avoid the drilling of unnecessary wells, enter an order pooling and integrating their interests for the development of their lands as a drilling unit. Orders effectuating such pooling [shall] must be made after notice and hearing, and [shall] must be upon terms and conditions which will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of [such] the operation upon each separately owned tract in the unit by the several lessees thereof. The portion of the production allocated to the lessee of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it had been produced from [such] the tract by a well drilled thereon. [In the event such]

 


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ê1983 Statutes of Nevada, Page 2082 (Chapter 627, AB 335)ê

 

      4.  If the pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to the other interested lessees [shall be] is limited to the actual and reasonable expenditures required for [such] that purpose, including a reasonable charge for supervision. As to lessees who refuse to agree upon pooling, the order [shall] must provide for reimbursement for costs chargeable to each lessee out of, and only out of, production from the unit belonging to [such] the lessee. In the event of a dispute relative to [such] those costs, the [division] department shall, upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from such determination as from any other order of the [division.] department. If one or more of the lessees [shall] drill and operate, or pay the expense of drilling and operating, the well for the benefit of others, then in addition to any other right conferred by the pooling order, the lessee or lessees so drilling or operating [shall] have a lien on the share of production from the unit accruing to the interest of each of the other lessees for the payment of his proportionate share of [such] the expenses. All the oil and gas subject to the lien, or so much thereof as [shall be] is necessary, [shall] must be marketed and sold by the creditor, and the proceeds applied in payment of the expenses secured by [such] the lien, with the balance, if any, payable to the debtor.

      [4.  The division]5.  The department shall, in all instances where a unit has been formed out of lands or areas of more than one ownership, require the operator, upon request of a lessee, but subject to the right of the operator to market production and collect the proceeds with respect to a lessee in default, as provided in subsection [3 of this section,] 4, to deliver to the lessee or his assigns his proportionate share of the production from the well common to the drilling unit. The lessee receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.

      [5.  In the event]6.  If the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and the drilling of a well on the unit, and if the [division] department is without authority to require pooling as provided by this section, then subject to all other applicable provisions of this chapter, the lessee of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract [shall be] is such proportion of the allowable production for the full drilling unit as the area of [such] the separately owned tract bears to the full drilling unit.

      Sec. 45.  NRS 522.080 is hereby amended to read as follows:

      522.080  The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and [such] the gas well [shall] must not be used for any such purpose unless it is clearly shown at a public hearing to be held by the [division,] department, on application of the person desiring to use [such] the gas, that waste would not take place by the use of [such] the gas for the purpose [or purposes] applied for, and that gas which would otherwise be lost is now available for [such purpose or purposes,] that purpose, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel , [purposes,] except at prohibitive cost, and that it would be in the public interest to grant [such] the permit.

 


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ê1983 Statutes of Nevada, Page 2083 (Chapter 627, AB 335)ê

 

for any such purpose unless it is clearly shown at a public hearing to be held by the [division,] department, on application of the person desiring to use [such] the gas, that waste would not take place by the use of [such] the gas for the purpose [or purposes] applied for, and that gas which would otherwise be lost is now available for [such purpose or purposes,] that purpose, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel , [purposes,] except at prohibitive cost, and that it would be in the public interest to grant [such] the permit. If the [division] department finds that the applicant has clearly shown a right to use [such] the gas for the purpose [or purposes] applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas and at the same time require compliance with the intent of this section.

      Sec. 46.  NRS 522.090 is hereby amended to read as follows:

      522.090  1.  The [division] department shall make no regulation or order, or amendment thereof, except in an emergency, without a public hearing upon at least 10 days’ notice. The public hearing [shall] must be held at such time and place as may be prescribed by the [division,] department, and any interested person is entitled to be heard.

      2.  Any notice required by this chapter [shall] must be given by personal service on all interested persons [; and in the event such] , and if personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada Rules of Civil Procedure.

      3.  The [division] department may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the [division, the division] department, the department shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing [shall] must be held without undue delay after the filing of the petition. The [division] department shall enter its order within 30 days after the hearing.

      Sec. 47.  NRS 522.100 is hereby amended to read as follows:

      522.100  1.  The [division] department may summon witnesses and require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person may be excused from attending and testifying, or from producing books, papers and records before the [division] department or a court, or from obedience to the subpena of the [division] department or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. This section does not require any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before the [division] department or court for determination. No natural person may be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the [division] department or court, or in obedience to its subpena, but no person testifying is exempt from prosecution and punishment for perjury committed in so testifying.

 


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ê1983 Statutes of Nevada, Page 2084 (Chapter 627, AB 335)ê

 

natural person may be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the [division] department or court, or in obedience to its subpena, but no person testifying is exempt from prosecution and punishment for perjury committed in so testifying.

      2.  In case of failure or refusal on the part of any person to comply with the subpena issued by the division, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any court of record in the state, upon application of the division, may issue an attachment for that person and compel him to comply with the subpena, and to attend before the division and produce his records, books and documents for examination, and to give his testimony. The court may punish for contempt as in the case of disobedience to a like subpena issued by the court, or for refusal to testify therein.

      Sec. 48.  NRS 522.110 is hereby amended to read as follows:

      522.110  Within 20 days after written notice of the entry of any order or decision of the [division,] department, or such further time as the [division] department may grant for good cause shown, any person affected thereby may file with the [division] department an application for the rehearing in respect of any matter determined by [such] the order or decision, setting forth the respect in which [such] the order or decision is believed to be erroneous. The [division] department shall grant or refuse any such application in whole or in part within 10 days after [the same] it is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of [such application. In the event] the application. If the rehearing is granted, the [division] department may enter such new order or decision after rehearing as may be required under the circumstances.

      Sec. 49.  NRS 522.120 is hereby amended to read as follows:

      522.120  1.  Any person who willfully violates any provision of this chapter, or any [rule,] regulation or order of the [division shall be] department is subject to a penalty of not more than $1,000 for each act of violation and for each day that such violation continues, unless the penalty for [such] the violation is otherwise provided for and made exclusive in this chapter.

      2.  If any person, for the purpose of evading this chapter, or any [rule,] regulation or order of the [division, shall make or cause] department, make or causes to be made any false entry in any record, account or memorandum required by this chapter, or by any such [rule,] regulation or order, or [shall omit, or cause] omits or causes to be omitted, from any such record, account or memorandum, full, true and correct entries as required by this chapter, or by any such [rule,] regulation or order, or [shall remove] removes from this state or [destroy, mutilate, alter or falsify] destroys, mutilates, alters or falsifies any such record, account or memorandum, [such person shall be] that person is guilty of a gross misdemeanor.

 


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ê1983 Statutes of Nevada, Page 2085 (Chapter 627, AB 335)ê

 

state or [destroy, mutilate, alter or falsify] destroys, mutilates, alters or falsifies any such record, account or memorandum, [such person shall be] that person is guilty of a gross misdemeanor.

      3.  Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any [rule,] regulation or order of the [division shall be] department is subject to the same penalty as that prescribed by this chapter for the violation by such other person.

      4.  The penalties provided in this section [shall be] are recoverable by suit filed by the attorney general in the name and on behalf of the commission in the district court of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty [shall] does not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of [such] the violation.

      Sec. 50.  NRS 522.130 is hereby amended to read as follows:

      522.130  1.  Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any [rule,] regulation or order of the [division, the division] department, the department shall bring suit against [such] that person in the district court of any county where the violation occurs or is threatened to restrain [such] the person from continuing [such] the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to [such] the person may be directed to the sheriff of any county in this state for service by [such] the sheriff or his deputies. In any such suit, the court [shall have jurisdiction to] may grant to the [division,] department, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.

      2.  If the [division shall fail] department fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any [rule,] regulation or order of the [division,] department, within 10 days after receipt of written request to do so by any person who is or will be adversely affected by [such] the violation, the person making [such] the request may bring suit in his own behalf to restrain [such] the violation or threatened violation in any court in which the [division] department might have brought suit. If, in [such] the suit, the court should hold that injunctive relief should be granted, then the [division shall] department must be made a party and [shall] must be substituted for the person who brought the suit, and the injunction [shall] must be issued as if the [division] department had at all times been the plaintiff.

      Sec. 51.  NRS 522.140 is hereby amended to read as follows:

      522.140  1.  As the State of Nevada is a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, this chapter [shall apply] applies to all lands in the State of Nevada lawfully subject to its police powers .

 


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ê1983 Statutes of Nevada, Page 2086 (Chapter 627, AB 335)ê

 

chapter [shall apply] applies to all lands in the State of Nevada lawfully subject to its police powers . [; provided, it shall apply] It applies to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands [shall fail] fails to effect the intent and purposes of this chapter and otherwise [shall apply to such] applies to those lands to such extent as an officer of the United States having jurisdiction, or his [duly] authorized representative, [shall approve] approves any of the provisions of this chapter or the order or orders of the [division] department which affects [such] those lands . [; and, furthermore, the same shall apply]

      2.  This chapter applies to any lands committed to a unit agreement approved by the Secretary of the Interior of the United States or his [duly] authorized representative, except that the [division] department may, under [such] the unit agreements, suspend the application of this chapter or any part of this chapter so long as the conservation of oil and gas and the prevention of waste [as in this chapter provided] is accomplished thereby, but [such suspension shall] the suspension does not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under [such] the agreement and as the [division] department may require under this chapter.

      Sec. 52.  NRS 522.150 is hereby amended to read as follows:

      522.150  1.  [All money collected under the provisions of this chapter must be deposited in the state treasury for credit to the oil and gas conservation fund which is hereby created as a special revenue fund. The money in the fund must be expended for the purposes of administering the provisions of this chapter. In addition, any] Any expenses in connection with Nevada’s affiliation with the Interstate Oil Compact Commission must be paid from the fund [.] for the department of minerals. [All money in the oil and gas conservation fund is appropriated to the division. The money in the fund must not revert to the general fund at the end of any fiscal period, but remains in the oil and gas conservation fund to cover future operating expenses of the division under this chapter. All money hereby appropriated must be expended under the direction of the division in accordance with the statutes of this state relating to the expenditure of appropriations, and warrants must be drawn against the appropriation as provided by law.]

      2.  To pay the expenses of the [administration of this chapter,] department, every producer of oil or natural gas in this state shall on or before the last day of each month report to the [division] department and to the state treasurer his production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the state treasurer [a tax] an administrative fee on each barrel of oil and on every 50,000 cubic feet of natural gas produced and marketed by him during the preceding month.

 


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ê1983 Statutes of Nevada, Page 2087 (Chapter 627, AB 335)ê

 

cubic feet of natural gas produced and marketed by him during the preceding month. Every person purchasing such oil or natural gas is liable for the payment of the [tax] administrative fee per barrel of oil or per 50,000 cubic feet of natural gas, unless it has been paid by the producer. The [tax rate is 5] administrative fee is 50 mills per barrel of oil or per 50,000 cubic feet of natural gas.

      Sec. 53.  (Deleted by amendment.)

      Sec. 54.  NRS 232.090 is hereby amended to read as follows:

      232.090  1.  The department consists of the director and the following divisions:

      (a) The division of water resources.

      (b) The division of state lands.

      (c) The division of forestry.

      (d) [The division of mineral resources.

      (e)] The division of state parks.

      [(f)](e) The division of conservation districts.

      [(g)](f) The division of environmental protection.

      [(h)](g) The division of water planning.

      [(i)](h) The division of historic preservation and archeology.

      [(j)](i) Such other divisions as the director may from time to time establish.

      2.  The state environmental commission and the state conservation commission are within the department.

      Sec. 55.  NRS 232.152 is hereby amended to read as follows:

      232.152  1.  The governor shall appoint 13 members to the committee as follows:

      (a) Each of the 10 members [shall] must be appointed to represent respectively each of the following entities and [shall] must be chosen from a list of three lay persons recommended by each entity:

             (1) [Oil, gas and mining board.] Commission on mineral resources.

             (2) Central committee of Nevada state grazing boards.

             (3) Nevada League of Cities.

             (4) State board of agriculture.

             (5) Board of wildlife commissioners.

             (6) State conservation commission.

             (7) State environmental commission.

             (8) Land use planning advisory council.

             (9) State park advisory commission.

             (10) Nevada association of county commissioners.

      (b) Each of three members [shall] must be appointed to represent respectively the interests of each of the following:

             (1) Railroads and utilities.

             (2) Sportsmen.

             (3) Off-road vehicle enthusiasts.

      2.  The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but has no vote.

 


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ê1983 Statutes of Nevada, Page 2088 (Chapter 627, AB 335)ê

 

      Sec. 56.  NRS 321.5967 is hereby amended to read as follows:

      321.5967  1.  There is hereby created a board of review composed of the:

      (a) Director of the state department of conservation and natural resources;

      (b) Administrator of the division of environmental protection of the state department of conservation and natural resources;

      (c) [Administrator of the division of minerals of the state department of conservation and natural resources;] Executive director of the department of minerals;

      (d) Administrator of the division of state parks of the state department of conservation and natural resources;

      (e) State engineer;

      (f) State forester firewarden;

      (g) Chairman of the state environmental commission;

      (h) Director of the department of energy;

      (i) Executive director of the state department of agriculture;

      (j) The chairman of the board of wildlife commissioners; and

      (k) Administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.

      2.  The chairman of the state environmental commission shall serve as chairman of the board.

      3.  The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.

      4.  Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of $60 for each day’s attendance at a meeting of the board and the travel expenses and subsistence allowances provided by law for state officers.

      5.  The board:

      (a) Shall review and approve or disapprove all regulations proposed by the state land registrar under NRS 321.597.

      (b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.

      Sec. 57.  NRS 362.100 is hereby amended to read as follows:

      362.100  1.  The department shall:

      [1.](a) Investigate and determine the net proceeds of all operating mines and assess them as provided in NRS 362.100 to 362.240, inclusive.

      [2.](b) Appraise and assess all reduction, smelting and milling works, plants and facilities, whether or not associated with a mine, and all supplies, machinery, equipment, apparatus, facilities, buildings, structures and other improvements used in connection with any mining, reduction, smelting or milling operation as provided in chapter 361 of NRS.

 


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ê1983 Statutes of Nevada, Page 2089 (Chapter 627, AB 335)ê

 

reduction, smelting or milling operation as provided in chapter 361 of NRS.

      2.  As used in this section, “net proceeds of all operating mines” includes the proceeds of all:

      (a) Operating mines;

      (b) Operating oil and gas wells;

      (c) Operations extracting geothermal steam for profit; and

      (d) Operations extracting minerals from natural solutions.

      Sec. 58.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

      (a) The director of the department of wildlife;

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The executive director of the state department of agriculture;

      (e) The executive director of the department of minerals;

      (f) A member of the state board of health to be designated by that board; and

      [(f)](g) Four members appointed by the governor one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.

      2.  The governor shall appoint the chairman of the commission from among the members.

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

      4.  Each member who is appointed by the governor is entitled to receive a salary of $60 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowances as provided by law.

      5.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      6.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including [but not limited to,] the department of transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture , may also provide technical advice, support and assistance to the commission.

 


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ê1983 Statutes of Nevada, Page 2090 (Chapter 627, AB 335)ê

 

of agriculture , may also provide technical advice, support and assistance to the commission.

      Sec. 59.  NRS 534.050 is hereby amended to read as follows:

      534.050  1.  Except as provided in subsection 2, every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in this chapter shall first make application to and obtain from the state engineer a permit to appropriate the water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of the well.

      2.  Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 1 for exploratory wells to be drilled to determine the availability of water or the quality of available water.

      3.  In other basins or portions of basins which have not been designated by the state engineer no application or permit to appropriate water is necessary until after the well is sunk or bored and water developed. Before any diversion of water may be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, a permit to appropriate the water.

      4.  Upon written application and a showing of good cause, the state engineer may issue a written waiver of the requirements of subsection 3, to allow use of water in constructing a highway or in drilling a well for gas, oil or [geothermal steam or] hot water.

      5.  Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection constitutes a separate offense and is separately punishable.

      Sec. 60.  NRS 534.180 is hereby amended to read as follows:

      534.180  1.  Except as provided in subsection 2 and as to the furnishing of any information required by the state engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed a daily maximum of 1,800 gallons.

      2.  The state engineer may designate any ground water basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the state engineer within 10 days after the completion of the well. The state engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.

      3.  The state engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:

 


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ê1983 Statutes of Nevada, Page 2091 (Chapter 627, AB 335)ê

 

      (a) A political subdivision of this state; or

      (b) A public utility whose rates and service are regulated by the public service commission of Nevada,

but only if the charge for making the connection to the service is less than $200.

      4.  [Exploration holes drilled only to collect geochemical, geological or geophysical data are not wells] Geothermal wells are not subject to the provisions of this chapter or the regulations of the state engineer, except as provided in chapter 534A of NRS.

      Sec. 61.  Chapter 534A of NRS is hereby amended by adding thereto the provisions set forth as sections 62 to 66, inclusive, of this act.

      Sec. 62.  The owner of real property owns the rights to the underlying geothermal resources unless they have been reserved by or conveyed to another person.

      Sec. 63.  1.  No person may drill or operate a geothermal well without first obtaining a permit from the executive director of the department of minerals and complying with the conditions of the permit.

      2.  An application must contain such information as the executive director requires by regulation.

      Sec. 64.  1.  Upon approval by the state engineer, the executive director of the department of minerals may issue a permit to drill or operate a geothermal well if he determines that issuance of a permit is consistent with:

      (a) The policies specified in NRS 445.132 and 445.401;

      (b) The purposes of chapters 533 and 534 of NRS; and

      (c) The limitations established pursuant to NRS 445.247.

      2.  A permit issued pursuant to this section must include any conditions:

      (a) Deemed necessary by the executive director to carry out the purposes of this section; and

      (b) Imposed by the state engineer.

      Sec. 65.  1.  The commission on mineral resources shall impose and collect a fee from persons who have been granted permits to drill or operate geothermal wells. The fee must be deposited in the fund for regulation of geothermal wells, which is hereby created in the state treasury as a special revenue fund.

      2.  The fee may be based in part on the number of acres of land being used by the person who holds the permit.

      3.  The commission and the department of minerals may use the money in the fund to administer the provisions of this chapter.

      Sec. 66.  The commission on mineral resources may adopt regulations necessary for carrying out the provisions of this chapter.

      Sec. 67.  NRS 534A.040 is hereby amended to read as follows:

      534A.040  Any [water and steam encountered during geothermal exploration] consumptive use of water brought to the surface outside of a geothermal well is subject to the appropriation procedures of chapters 533 and 534 of NRS.

 


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ê1983 Statutes of Nevada, Page 2092 (Chapter 627, AB 335)ê

 

exploration] consumptive use of water brought to the surface outside of a geothermal well is subject to the appropriation procedures of chapters 533 and 534 of NRS.

      Sec. 68.  NRS 523.011 is hereby amended to read as follows:

      523.011  1.  The legislature finds that:

      (a) Energy is essential to the economy of the state and to the health, safety and welfare of the people of the state.

      (b) The state has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

      (c) The state has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

      (d) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      (e) Government and private enterprise need to accelerate research and development of alternative sources of energy and to improve technology related to the research and development of existing sources of energy.

      (f) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within state government.

      2.  It is the policy of this state to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

      3.  It is the policy of this state to [consolidate] assign the responsibility for managing and conserving energy [resources within one department and to permit such department to coordinate research and development relating to energy resources within the state.] and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

      Sec. 69.  NRS 523.021 is hereby amended to read as follows:

      523.021  As used in this chapter:

      1.  [“Department” means the department of energy.

      2.]  “Director” means the director of the [department.] office.

      2.  “Office” means the office of community services.

      Sec. 70.  NRS 523.031 is hereby amended to read as follows:

      523.031  1.  The [department of energy is hereby created.

      2.  The department consists of the director and:

      (a) The division of energy research and development; and

      (b) The division of energy conservation and planning.

      3.  The governor shall appoint a director to serve as the executive head of the department.

      4.  The director must:

      (a) Be in the unclassified service.

 


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ê1983 Statutes of Nevada, Page 2093 (Chapter 627, AB 335)ê

 

      (b) Be selected with special reference to his training, experience, capability and interest in the field of energy conservation and management.

      (c) Devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      5.  As executive head of the department, the director is responsible for the administration of all provisions of law relating to the functions of the department.

      6.  The director may employ any clerical and operational personnel necessary for the performance of his duties, prescribe their duties and fix their salaries in accordance with classifications made by the personnel division of the department of general services.

      7.] office of community services is hereby created. The governor shall appoint its director.

      2.  The director and the employees of the [department] office are entitle to receive the travel expenses and subsistence allowances provided by law.

      Sec. 71.  A person holding a permit from the state engineer on July 1, 1983, authorizing the drilling or operation of a geothermal well is not required to obtain a permit as would otherwise be required by section 63 of this act. If a permit issued by the state engineer before July 1, 1983, expires, the holder must obtain a permit from the executive director of the department of minerals before continuing such drilling or operation.

      Sec. 72.  On July 1, 1983, the state controller shall transfer all of the money in the oil and gas conservation fund which has not been committed for expenditure for the expenses of the 1982-83 fiscal year to the fund for the department of minerals.

      Sec. 73.  NRS 523.051 is hereby amended to read as follows:

      523.051  The director may:

      1.  Administer any gifts or grants which the [board] office is authorized to accept.

      2.  Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      4.  Participate in any program established by the Federal Government relating to sources of energy [resources] and adopt regulations appropriate to that program.

      Sec. 74.  NRS 523.131 is hereby amended to read as follows:

      523.131  The director shall:

      1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of [energy resources.] its sources.

 


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ê1983 Statutes of Nevada, Page 2094 (Chapter 627, AB 335)ê

 

      2.  Utilize all available public and private means to provide information to the public about [energy] problems relating to energy and to explain how conservation of energy [resources] and its sources may be accomplished.

      3.  Review and evaluate information which identifies [energy resource] trends and permits forecasting of the energy [situation in] available to the state. Such forecasts [shall] must include estimates on:

      (a) The level of [energy] demand for energy in the state for 5-, 10- and 20-year periods;

      (b) The amount of energy [resources which are] available to meet each level of demand;

      (c) The probable implications of [such] the forecast on the demand and supply [levels] of energy ; [resources;] and

      (d) The alternative sources of energy [resources] which are available and their possible effects.

      4.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy [resources] and encourage the maximum utilization of existing sources of energy [resources] in the state.

      5.  Encourage the development of any existing and alternative sources of energy [resources] which will benefit the state.

      6.  [Review] In conjunction with the desert research institute, review policies relating to the research and development of the state’s geothermal resources and make recommendations to the appropriate state and federal agencies for establishing methods of developing the geothermal resources within the state.

      Sec. 75.  NRS 523.161 is hereby amended to read as follows:

      523.161  1.  Except for those energy resources for whose [use] priorities of use are established by the public service commission of Nevada, the director [shall] may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy [resources] and its sources and for carrying out the state [energy conservation] plan [.] for the conservation of energy.

      2.  In recommending such standards the director shall consider the usage of energy [resources] and its sources in the state and the methods available for conservation of [the energy resources.] those sources.

      Sec. 76.  NRS 523.171 is hereby amended to read as follows:

      523.171  The director , incooperation with the chief of the buildings and grounds division of the department of general services, shall, upon request, provide information and assistance to any agency, bureau, board, commission, department or division which is engaged in [energy] the management, planning, utilization and distribution [.] of energy.

 


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ê1983 Statutes of Nevada, Page 2095 (Chapter 627, AB 335)ê

 

      Sec. 77.  NRS 232.131, 513.021, 513.031, 513.041, 513.061, 513.071, 522.070, 523.041, 523.061, 523.071, 523.081, 523.111, 523.121, 523.163 and 523.165 are hereby repealed.

      Sec. 78.  The regulations of the division of mineral resources of the state department of conservation and natural resources in effect on June 30, 1983, remain in effect until revised or repealed by the executive director of the department of minerals.

      Sec. 79.  Each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 which is made during June of 1983 or the fiscal years 1983-1984 and 1984-1985 must be submitted with a fee of $0.75 per claim. The county recorder shall collect the fee and quarterly pay the money so collected to the state treasurer for deposit in the state treasury to the credit of the fund for the department of minerals. Thereafter there is no such fee.

      Sec. 80.  Those persons who are serving as members of the oil, gas and mining board on June 30, 1983, shall serve as the first members of the commission to conserve mineral resources, created by section 3 of this act, for the remainder of the terms they would otherwise have served respectively on the oil, gas and mining board, or until their successors have been appointed and have qualified. For the purposes of this section, these persons are not required to be qualified under section 3 of this act.

      Sec. 81.  Section 1 of chapter 612, Statutes of Nevada 1979, at page 1319, is hereby amended to read as follows:

       Section 1.  1.  There is hereby appropriated from the state general fund to the department of energy the sum of $250,000 to economize the use of energy in state facilities.

       2.  A project proposed to economize the use of energy, the cost of which will be met with money appropriated by this act, must be approved by the interim finance committee before it is begun and must be carried out under the supervision of the state public works board.

       3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 82.  The legislative counsel, in preparing the supplement to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is further amended by another act, shall:

      1.  Appropriately correct any reference to any officer or agency whose designation is changed by this act, according to the function performed.

      2.  If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.

      Sec. 83.  1.  This section shall become effective upon passage and approval.

 


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

ê1983 Statutes of Nevada, Page 2096 (Chapter 627, AB 335)ê

 

      2.  Section 52 of this act shall become effective upon passage and approval for the purpose of imposing and collecting the administrative fee provided in subsection 2 of that section.

      3.  For all other purposes:

      (a) Sections 1 to 51, inclusive, 53 to 78, inclusive, 80, 81, and 82 of this act shall become effective July 1, 1983.

      (b) Section 52 of this act shall become effective at 12:01 a.m. on July 1, 1983.

      (c) Section 79 of this act shall become effective on June 1, 1983.

 

________

 

 

CHAPTER 628, AB 458

Assembly Bill No. 458–Committee on Judiciary

CHAPTER 628

AN ACT relating to peace officers; enumerating certain rights in employment; establishing standards for the conduct of certain investigations; and providing other matters properly relating thereto.

 

[Approved June 2, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 23 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.

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

      1.  “Peace officer” means:

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

      (b) Personnel of the Nevada highway patrol; and

      (c) Marshals and policemen of cities and towns.

      2.  “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. 3.  A law enforcement agency shall not require any peace officer to disclose his assets, debts, sources of income or other financial information or make such a disclosure a condition precedent to a promotion, job assignment or other personnel action unless that information is necessary to:

      1.  Determine his credentials for transfer to a specialized unit;

      2.  Prevent any conflict of interest which may result in any new assignment; or

      3.  Determine whether he is engaged in unlawful activity.

 


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ê1983 Statutes of Nevada, Page 2097 (Chapter 628, AB 458)ê

 

      Sec. 4.  Except as otherwise provided in section 8 of this act:

      1.  If a peace officer refuses to submit to a polygraphic examination:

      (a) No law enforcement agency may take any disciplinary action against such officer; and

      (b) No investigator may make a notation of such refusal in his report,

absent independent evidence of unlawful conduct by the peace officer.

      2.  Evidence of any refusal by a peace officer to submit to a polygraphic examination is not admissible if introduced by any governmental body or agency in this state at any subsequent hearing, trial or other judicial or administrative proceeding.

      Sec. 5.  1.  No law enforcement agency may place any unfavorable comment or document in the file of a peace officer unless:

      (a) The officer has read and initialed the comment or document; or

      (b) If the officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

      2.  If the peace officer submits to the law enforcement agency a written response within 30 days after he is asked to initial the comment or document, his response must be attached to and accompany the comment or document.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  If an investigation is conducted of any activities of a peace officer which could result in punitive action before any hearing, the agency shall:

      1.  Inform the officer of:

      (a) The nature of the investigation;

      (b) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation; and

      (c) The name of any other person who will be present at any interrogation.

      2.  Interrogate the officer during his regular working hours, if reasonably practicable, or compensate him for that time based on his regular wages if no charges arise from the interrogation.

      Sec. 8.  1.  An investigation of a peace officer may be conducted in response to an allegation that an officer has engaged in activities which could result in punitive action.

      2.  If a person who makes such an allegation against an officer submits to a polygraphic examination and the results of that examination indicate that the person examined is telling the truth about the purported activities, the officer against whom the allegation is made must submit to a polygraphic examination concerning such activities.

      3.  If the officer refuses to submit to a polygraphic examination required by this section:

      (a) A law enforcement agency may take disciplinary action against that officer; and

 


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ê1983 Statutes of Nevada, Page 2098 (Chapter 628, AB 458)ê

 

      (b) An investigator may make a notation of the refusal in his report.

      4.  Evidence of any refusal by a peace officer to submit to a polygraphic examination required by this section is admissible if introduced by any governmental body or agency in this state at any subsequent hearing, trial or other judicial or administrative proceeding.

      Sec. 9.  1.  A peace officer may upon request have a lawyer present during any phase of an interrogation.

      2.  The peace officer or the law enforcement agency may make a stenographic or magnetic record of the interrogation. If the agency records the proceedings, the agency shall at the officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the magnetic tape.

      Sec. 10.  The provisions of sections 7 to 9, inclusive, of this act do not apply to any investigation which concerns alleged criminal activities.

      Sec. 11.  1.  A law enforcement agency shall not use punitive action against a peace officer if he chooses to exercise his rights under any internal administrative grievance procedure.

      2.  If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against him, a law enforcement agency shall provide the officer with an opportunity for a hearing.

      3.  If a peace officer refuses to comply with a request by a superior officer to cooperate with his own or any other law enforcement agency in a criminal investigation, the agency may charge the officer with insubordination.

      Sec. 12.  1.  This chapter does not prohibit any agreements for cooperation between the law enforcement agency and agencies in other jurisdictions.

      2.  This chapter does not affect any procedures which have been adopted by the law enforcement agency if those procedures provide the same or greater rights than provided for in this chapter.

 

________

 

 


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ê1983 Statutes of Nevada, Page 2099ê

 

CHAPTER 629, AB 345

Assembly Bill No. 345–Assemblymen Getto, Redelsperger, Banner, Bergevin, Marvel, Nicholas, Joerg, Thomas, Sedway, Stone, Beyer, Bogaert, Collins, DuBois, Kerns, Nevin, Bourne, Ham, Zimmer, Francis, Malone, Fay, Bilyeu, Berkley, Bremner, Price, Collins, Dini, Thompson, Humke, Craddock, Kovacs, Coffin, Chaney and Perry

CHAPTER 629

AN ACT relating to regulation of the use of land; providing a cause of action for damages caused by certain actions taken by a state or local agency upon an application for a permit; and providing other matters properly relating thereto.

 

[Approved June 2, 1983]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  Any person who has any right, title or interest in real property, and who has filed with the appropriate state or local agency an application for a permit which is required by statute or an ordinance, resolution or regulation adopted pursuant to NRS 278.010 to 278.630, inclusive, before that person may improve, convey or otherwise put that property to use, may bring an action against the agency to recover actual damages caused by:

      (a) Any final action, decision or order of the agency which imposes requirements, limitations or conditions upon the use of the property in excess of those authorized by ordinances, resolutions or regulations adopted pursuant to NRS 278.010 to 278.630, inclusive, in effect on the date the application was filed, and which:

             (1) Is arbitrary or capricious; or

             (2) Is unlawful or exceeds lawful authority.

      (b) The failure of the agency to act on that application within the time for that action as limited by statute, ordinance or regulation.

      2.  No action may be brought under subsection 1:

      (a) Where the agency did not know, or reasonably could not have known, that its action, decision or order was unlawful or in excess of its authority.

      (b) Based on the invalidation of an ordinance, resolution or regulation in effect on the date the application for the permit was filed.

      (c) Where a lawful action, decision or order of the agency is taken or made to prevent a condition which would constitute a threat to the health, safety, morals or general welfare of the community.

      (d) Where the applicant agrees in writing to extensions of time concerning his application or to the requirements, limitations or conditions imposed by the action, decision or order.

      (e) For unintentional procedural or ministerial errors of the agency.

      (f) Unless all administrative remedies have been exhausted.

      (g) Against any individual member of the agency.

 


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

ê1983 Statutes of Nevada, Page 2100 (Chapter 629, AB 345)ê

 

      3.  Damages may not be recovered under subsection 1 for any diminution in the value of or damage to the real property.

      Sec. 3.  No action may be commenced under section 2 of this act unless it is commenced within 25 days from the date of filing of notice of the final action, decision or order with the clerk or secretary of the agency.

      Sec. 4.  It is a complete defense to any action brought under section 2 of this act against a political subdivision of this state that the final action, decision or order complained of was required by federal or state law or by a regulation of a state agency which became effective after the date on which the application for a permit was filed.

      Sec. 5.  The remedy prescribed by section 2 of this act is in addition to any other remedy provided by law.

      Sec. 6.  The court may award reasonable attorney’s fees to the prevailing party in an action brought under section 2 of this act.

      Secs. 7-10.  (Deleted by amendment.)

      Sec. 11.  NRS 41.032 is hereby amended to read as follows:

      41.032  [No] Except as provided in section 2 of this act, no action may be brought under NRS 41.031 or against an officer or employee of the state or any of its agencies or political subdivisions which is:

      1.  Based upon an act or omission of an officer or employee, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if [such] the statute or regulation has not been declared invalid by a court of competent jurisdiction; or

      2.  Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any officer or employee of any of these, whether or not the discretion involved is abused.

      Sec. 12.  (Deleted by amendment.)

 

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