[Rev. 7/31/2013 4:55:19 PM]

Link to Page 1000

 

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ê1989 Statutes of Nevada, Page 1001 (Chapter 469, AB 562)ê

 

      2.  The records must be retained for a period of 2 years and are open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration. [No special form of record is required if an accurate accountability can be furnished within a reasonable time after a demand by a person authorized to inspect the records.]

      3.  Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.

      4.  For the purpose of this section, the [prescription files of a pharmacy] :

      (a) Prescription files of a pharmacy; and

      (b) Federally required forms completed by a distributor or manufacturer who distributes samples of dangerous drugs,

constitute a record of the disposition of all dangerous drugs.

 

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CHAPTER 470, AB 557

Assembly Bill No. 557–Committee on Judiciary

CHAPTER 470

AN ACT relating to obligations secured by liens on real property; removing various limitations upon the enforcement of such an obligation against a person who is not primarily liable; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.465 is hereby amended to read as follows:

      40.465  As used in NRS 40.475 [and 40.485,] , 40.485 and 40.495, “indebtedness” means the principal balance of the obligation, together with all accrued and unpaid interest, and those costs, fees, advances and other amounts secured by the mortgage or lien upon real property.

      Sec. 2.  NRS 40.495 is hereby amended to read as follows:

      40.495  1.  The provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or other obligor only after default.

      2.  Except as otherwise provided in subsection 4, a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, may waive the provisions of NRS 40.430. If a guarantor, surety or other obligor waives the provisions of NRS 40.430, an action for the enforcement of that person’s obligation to pay, satisfy or purchase all or part of an indebtedness or obligation secured by a mortgage or lien upon real property may be maintained separately and independently from:

      (a) An action on the debt;

      (b) The exercise of any power of sale;

      (c) Any action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby; and

      (d) Any other proceeding against a mortgagor or grantor of a deed of trust.


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ê1989 Statutes of Nevada, Page 1002 (Chapter 470, AB 557)ê

 

      3.  If the obligee maintains an action to foreclose or otherwise enforce a mortgage or lien and the indebtedness or obligations secured thereby, the guarantor, surety or other obligor may assert any legal or equitable defenses provided pursuant to the provisions of NRS 40.451 to 40.460, inclusive.

      4.  The provisions of NRS 40.430 may not be waived by a guarantor, surety or other obligor if the mortgage or lien:

      (a) Secures an indebtedness for which the principal balance of the obligation was never greater than $500,000;

      (b) Secures an indebtedness to a seller of real property for which the obligation was originally extended to the seller for any portion of the purchase price;

      (c) Is secured by real property which is used primarily for the production of farm products as of the date the mortgage or lien upon the real property is created; or

      (d) Is secured by real property upon which:

             (1) The owner maintains his principal residence;

             (2) There is not more than one residential structure; and

             (3) Not more than four families reside.

 

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CHAPTER 471, AB 400

Assembly Bill No. 400–Assemblymen Porter, DuBois, Myrna Williams and Gaston

CHAPTER 471

AN ACT relating to insurance; prohibiting certain insurers from recommending to their insureds, or directing their insureds to, unlicensed body shops in this state; requiring a body shop to display its license number and include that number on its estimates and invoices for repairs; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer of motor vehicles shall not knowingly recommend to an insured, or direct an insured to, a body shop in this state which is not licensed pursuant to NRS 487.630.

      2.  For the purposes of this section, an insurer is entitled to rely upon the validity of the license number included by the body shop on its estimates and invoices for repairs.

      Sec. 2.  NRS 487.630 is hereby amended to read as follows:

      487.630  1.  An application for a license to operate a body shop must be filed with the department upon forms supplied by the department. The application must be accompanied by:

      (a) Such proof as the department may require to evidence that the applicant meets the statutory requirements to become an operator of a body shop.


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ê1989 Statutes of Nevada, Page 1003 (Chapter 471, AB 400)ê

 

      (b) A fee of $300. Fees collected by the department pursuant to this paragraph must be deposited with the state treasurer to the credit of the fund for regulation of salvage pools, automobile wreckers and body shops.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license to operate a body shop. The license must contain the name and the address of the body shop and the name of the operator.

      3.  Upon receipt of the license, the operator shall display the license number prominently in the body shop and include the license number on all estimates and invoices for repairs.

 

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CHAPTER 472, AB 296

Assembly Bill No. 296–Committee on Judiciary

CHAPTER 472

AN ACT relating to domestic relations; adopting the Uniform Premarital Agreement Act; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  This chapter may be cited as the Uniform Premarital Agreement Act.

      Sec. 3.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting.

      Sec. 4.  As used in this chapter, unless the context otherwise requires:

      1.  “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

      2.  “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

      Sec. 5.  A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

      Sec. 6.  1.  Parties to a premarital agreement may contract with respect to:

      (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

      (b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

      (c) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;


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ê1989 Statutes of Nevada, Page 1004 (Chapter 472, AB 296)ê

 

      (d) The modification or elimination of alimony or support or maintenance of a spouse;

      (e) The making of a will, trust or other arrangement to carry out the provisions of the agreement;

      (f) The ownership rights in and disposition of the death benefit from a life insurance policy;

      (g) The choice of law governing the construction of the agreement; and

      (h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

      2.  The right of a child to support may not be adversely affected by a premarital agreement.

      Sec. 7.  A premarital agreement becomes effective upon marriage.

      Sec. 8.  After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

      Sec. 9.  1.  A premarital is not enforceable if the party against whom enforcement is sought proves that:

      (a) That party did not execute the agreement voluntarily;

      (b) The agreement was unconscionable when it was executed; or

      (c) Before execution of the agreement, that party:

             (1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

             (2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

             (3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

      2.  If a provision of a premarital agreement modifies or eliminates alimony or support or maintenance of a spouse, and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

      3.  An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

      Sec. 10.  If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

      Sec. 11.  Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

      Sec. 12.  NRS 123.010 is hereby amended to read as follows:

      123.010  1.  The property rights of husband and wife are governed by this chapter, unless there is [a] :

      (a) A premarital agreement which is enforceable pursuant to sections 2 to 11, inclusive, of this act; or

      (b) A marriage contract or settlement ,

containing stipulations contrary thereto.


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ê1989 Statutes of Nevada, Page 1005 (Chapter 472, AB 296)ê

 

      2.  Chapter 76, Statutes of Nevada 1865, is repealed, but no rights vested or proceedings taken [prior to] before March 10, 1873, shall be affected by anything contained in this chapter of NRS.

      Sec. 13.  NRS 123.259 is hereby amended to read as follows:

      123.259  1.  [A] Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the community income, assets and obligations of a husband and wife into the separate income, assets and obligations of the spouses, if the petitioner shows that it is in the best interest of both spouses that a division of the income or property be made, and:

      (a) One spouse has been admitted to a facility for skilled nursing or facility for intermediate care;

      (b) The treating physician of the spouse who is to be admitted to a facility for skilled nursing or facility for intermediate care has issued an opinion, in writing, that it is imminent that the spouse will be so admitted; or

      (c) A division of the income or property would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.

      2.  The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to sections 2 to 11, inclusive, of this act.

      3.  A person may enter into a written agreement with his spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is admitted to a facility for skilled nursing or a facility for intermediate care or a division of the income or property would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive.

      [3.] 4.  Upon the entrance of such a decree, or at the time such an agreement becomes effective, the separate income or property of each spouse is not liable for the costs of supporting the other spouse, including the costs of the necessities of life or medical care.

      [4.] 5.  An agreement or decree entered into pursuant to this section may not be binding on the welfare division of the department of human resources in making determinations under the state plan for assistance to the medically indigent.

      Sec. 14.  NRS 125.150 is hereby amended to read as follows:

      125.150  Unless such action is contrary to a premarital agreement between the parties which is enforceable pursuant to sections 2 to 11, inclusive, of this act:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments; and

      (b) Shall make such disposition of:

             (1) The community property of the parties; and

             (2) Any property placed in joint tenancy by the parties on or after July 1, 1979,

as appears just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by the divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.


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ê1989 Statutes of Nevada, Page 1006 (Chapter 472, AB 296)ê

 

      2.  In any proceeding to terminate a marriage, the court may partition property held by the parties in joint tenancy upon:

      (a) Request of either party to the proceeding; or

      (b) Its own motion.

      3.  Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if those fees are in issue under the pleadings.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s property for the wife’s support, the wife’s property for the husband’s support or the property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification.

      8.  In granting a divorce the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      9.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 8:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:


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ê1989 Statutes of Nevada, Page 1007 (Chapter 472, AB 296)ê

 

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

             (I) The equivalent of a high school diploma;

             (II) College courses which are directly applicable to the recipient’s goals for his career; or

             (III) Courses of training in skills desirable for employment.

      Sec. 15.  NRS 125.200 is hereby amended to read as follows:

      125.200  [During] 1.  Except as otherwise provided in subsection 2, during the pendency of [such action,] an action brought pursuant to NRS 125.190, the court may, in its discretion, require either spouse to pay any money necessary for the prosecution of the action and for the support and maintenance of the other spouse and their children.

      2.  The court may not require either spouse to pay for the support or maintenance of the other spouse if it is contrary to a premarital agreement between the parties which is enforceable pursuant to sections 2 to 11, inclusive, of this act.

      Sec. 16.  NRS 125.210 is hereby amended to read as follows:

      125.210  1.  [In any such action] Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;

      (c) Provide that the payment of the same be secured upon real estate, other security or make any other suitable provision; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court may not:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse,

if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to sections 2 to 11, inclusive, of this act.

      3.  The court may change, modify or revoke its orders and decrees from time to time.

      [3.] 4.  No order or decree is effective beyond the joint lives of the husband and wife.

      Sec. 17.  NRS 115.060 is hereby amended to read as follows:

      115.060  Except as otherwise provided in a premarital agreement between the husband and wife which is enforceable pursuant to sections 2 to 11, inclusive, of this act:


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ê1989 Statutes of Nevada, Page 1008 (Chapter 472, AB 296)ê

 

      1.  If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:

      (a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of his death.

      (b) The property vests absolutely in the survivor.

      2.  If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:

      (a) If it is the separate property of the survivor, the exemption of the homestead continues.

      (b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt of liability of the survivor.

      (c) The property belongs to the person , [(] or his heirs , [)] to whom it belonged when filed upon as a homestead.

      3.  If the property declared upon as a homestead is the property of a single person, upon his death:

      (a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against him at the time of his death and as to any subsequent debt or liability against a person who was living in his house at the time of his death, if that person continues to reside on the homestead property and is related to him by consanguinity of affinity, even if the person through whom the relation by affinity was created predeceased the declarant.

      (b) The right of enjoyment of the property belongs to each person described in paragraph (a) until that person no longer qualifies under that paragraph.

      4.  If two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property.

      Sec. 18.  NRS 134.005 is hereby amended to read as follows:

      134.005  1.  With the exception of NRS 134.007 and 134.010, the provisions of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the intestate.

      2.  With the exception of NRS 134.007, the provisions of this chapter are inapplicable to the extent that they are inconsistent with the provisions of a premarital agreement between the deceased and his surviving spouse which is enforceable pursuant to sections 2 to 11, inclusive, of this act.


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ê1989 Statutes of Nevada, Page 1009 (Chapter 472, AB 296)ê

 

      Sec. 19.  NRS 135.060 is hereby amended to read as follows:

      135.060  [Where] Except as otherwise provided in NRS 135.050 or in a premarital agreement between the husband and wife which is enforceable pursuant to sections 2 to 11, inclusive, of this act, where a husband and wife have died, leaving community property, and there is no sufficient evidence that they have died otherwise than simultaneously, one-half of all the community property [shall] must be distributed as if the husband had survived and the other one-half thereof [shall] must be distributed as if the wife had survived . [, except as provided in NRS 135.050.]

      Sec. 20.  Chapter 146 of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter are inapplicable to the extent that they are inconsistent with the provisions of a premarital agreement between the deceased and his surviving spouse which is enforceable pursuant to sections 2 to 11, inclusive, of this act.

      Sec. 21.  NRS 201.040 is hereby amended to read as follows:

      201.040  [At] Notwithstanding provisions to the contrary in a premarital agreement between the spouses which is otherwise enforceable pursuant to sections 2 to 11, inclusive, of this act, at any time before [the trial,] proceedings are conducted pursuant to NRS 201.020 to 201.080, inclusive, upon petition of the complainant and upon notice to the defendant, the court may enter such a temporary order as [may seem] seems just, providing for support of the deserted spouse or children, or both, pendente lite, and may punish for [such] the violation of such an order as for contempt.

      Sec. 22.  1.  Sections 13 and 14 of this act become effective at 12:01 a.m. on October 1, 1989.

      2.  The provisions of this act apply to any premarital agreement executed on or after October 1, 1989, but any premarital agreement made before that date is enforceable if it conforms to the common law, as interpreted by the courts of this state before that date, or the requirements of sections 2 to 11, inclusive, of this act.

 

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ê1989 Statutes of Nevada, Page 1010ê

 

CHAPTER 473, AB 213

Assembly Bill No. 213–Assemblymen Nevin, Kerns, Garner, Gaston, Fay, Kissam, Regan, Bogaert, Wisdom, Spriggs, Wendell Williams, McGinness, Triggs, Freeman, Lambert, Porter, Chowning, Jeffrey, Thompson, Price and Adler

CHAPTER 473

AN ACT relating to crimes against the person; providing an increased penalty for assaulting a peace officer or fireman performing his duty; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section [, “assault”] :

      (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; or

             (4) A jailer, guard, matron or other correctional officer of a city or county jail.

      2.  Any person convicted of an assault shall be punished:

      (a) If subsection 2 of NRS 200.400 [does] and paragraph (c) of this subsection do not apply to the circumstances of the crime and the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the assault is committed upon an officer who is performing his duty and the person charged knew or should have known that the victim was an officer, for a gross misdemeanor, unless the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, then by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 or by both fine and imprisonment.

 

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ê1989 Statutes of Nevada, Page 1011ê

 

CHAPTER 474, SB 36

Senate Bill No. 36–Committee on Human Resources and Facilities

CHAPTER 474

AN ACT relating to county hospital districts; authorizing the board of trustees of a district to issue and sell general and special obligation bonds; eliminating the limit on the amount of the bonds which may be issued; limiting the amount of indebtedness which may be assumed; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees may borrow money and incur or assume indebtedness on behalf of the county hospital district if the total of all such indebtedness, excluding revenue bonds and other securities constituting special obligations which are not debts, does not exceed an amount equal to 10 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, located within the district.

      2.  The board of trustees shall not borrow money or issue securities to evidence such borrowing until the board has obtained the approval of the:

      (a) General obligation bond commission; and

      (b) Board of county commissioners,

of the county in which the hospital district is located.

      Sec. 2.  NRS 450.550 is hereby amended to read as follows:

      450.550  As used in NRS 450.550 to 450.700, inclusive, [the following words and terms have the meanings ascribed to them in this section unless a different meaning clearly appears from the context:] and section 1 of this act, unless the context otherwise requires:

      1.  “Board of trustees” means a board of hospital trustees elected pursuant to NRS 450.620.

      2.  “District hospital” means a hospital constructed, maintained and governed pursuant to NRS 450.550 to 450.700, inclusive.

      Sec. 3.  NRS 450.670 is hereby amended to read as follows:

      450.670  The board of trustees [is empowered to prepare,] may issue and sell , [negotiable coupon bonds not exceeding $500,000 in amount, exclusive of interest,] for each district in its jurisdiction [,] :

      1.  General obligation bonds, payable from taxes;

      2.  General obligation bonds, payment of which is additionally secured by a pledge of gross or net revenues derived from the operation of hospital facilities; and

      3.  Special obligation bonds, payable solely from gross or net revenues derived from the operation of hospital facilities,

for the purpose of providing funds for the purchase of hospital equipment, the acquisition of property, the construction of buildings and improvement of [district-owned] property owned by the district for use in any one county hospital district.


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ê1989 Statutes of Nevada, Page 1012 (Chapter 474, SB 36)ê

 

      Sec. 4.  NRS 450.680 is hereby amended to read as follows:

      450.680  1.  If a board of trustees desires to avail itself of the power conferred by NRS 450.670 [, it] and submission to the voters is required by the provisions of NRS 350.020 to 350.070, inclusive, the board shall submit the question of issuing [such] the bonds to the registered voters of the district in accordance with [the provisions of NRS 350.020 to 350.070, inclusive.

      2.  If the issuance of such bonds is approved, they may be issued pursuant to the] those provisions.

      2.  The provisions of the Local Government Securities Law [.] apply to any bonds authorized to be issued pursuant to NRS 450.670, except to the extent those provisions are inconsistent with the provisions of NRS 450.550 to 450.700, inclusive.

 

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CHAPTER 475, SB 359

Senate Bill No. 359–Committee on Commerce and Labor

CHAPTER 475

AN ACT relating to public utilities; allowing public utilities to recover the costs of constructing certain facilities; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 or as may otherwise be provided by the commission pursuant to NRS 704.095:

      1.  Whenever there is filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission may, either upon complaint or upon its own motion without complaint, at once, without answer or formal pleading by the interested utility, investigate or, upon reasonable notice, conduct a hearing concerning the propriety of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.

      2.  Pending the investigation or hearing and the decision thereon, the commission, upon delivering to the utility affected thereby a statement in writing of its reasons for the suspension, may suspend the operation of the schedule and defer the use of the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for more than 150 days beyond the time when the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.

      3.  Whenever there is filed with the commission any schedule stating an increased individual or joint rate, fare or charge for service or equipment, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared.


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ê1989 Statutes of Nevada, Page 1013 (Chapter 475, SB 359)ê

 

recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. During any hearing concerning the increased rates, fares or charges determined by the commission to be necessary, the commission shall consider evidence in support of the increased rates, fares or charges based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but no new rates, fares or charges may be placed into effect until the changes have been experienced and certified by the utility to the commission. The commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the filing with the commission of the certification required in this subsection, or before the expiration of any period of suspension ordered pursuant to subsection 2, whichever time is longer, the commission shall make such order in reference to those rates, fares or charges as may be required by this chapter.

      4.  After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.

      5.  Whenever an application is filed by a public utility for an increase in any rate, fare or charge based upon increased costs in the purchase of fuel or power, and the public utility has elected to use deferred accounting for costs of the purchase of fuel or power in accordance with the commission’s regulations, the commission, by appropriate order after a public hearing, shall allow the public utility to clear the deferred account not more often than every 6 months by refunding any credit balance or recovering any debit balance over a period not to exceed 1 year as determined by the commission. The commission shall not allow a recovery of a debit balance or any portion thereof in an amount which would result in a rate of return in excess of the rate of return most recently granted the public utility.

      6.  Except as provided in subsection 7 or in NRS 707.350, whenever an application for an increased rate, fare or charge for, or classification, regulation, discontinuance, modification, restriction or practice involving service or equipment has been filed with the commission, a public utility shall not submit another application until all pending applications for increases in rates submitted by that public utility have been decided unless, after application and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.


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ê1989 Statutes of Nevada, Page 1014 (Chapter 475, SB 359)ê

 

and hearing, the commission determines that a substantial financial emergency would exist if the other application is not permitted to be submitted sooner.

      7.  A public utility may not file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale more often than once every 30 days.

      8.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 or 704.755 and accepted by the commission for acquisition or construction pursuant to NRS 704.751 or 704.755 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility. For the purposes of this subsection, “utility facility” has the meaning ascribed to it in subsections 1, 2 and 3 of NRS 704.860.

      Sec. 2.  NRS 704.751 is hereby amended to read as follows:

      704.751  1.  Within [105] 135 days after a utility has filed its plan, the commission shall issue an order accepting the plan as filed or specifying any portions of the plan [which] it deems to be inadequate.

      2.  All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

      Sec. 3.  The amendatory provisions of section 2 of this act do not apply to any plan filed pursuant to NRS 704.741 before October 1, 1989.

 

________

 

 

CHAPTER 476, SB 415

Senate Bill No. 415–Committee on Natural Resources

CHAPTER 476

AN ACT relating to wildlife; requiring the department of wildlife to issue restricted nonresident deer tags for certain hunting seasons; establishing a fee for the tag; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  As used in sections 2 to 5, inclusive, of this act:

      1.  “Department” means the department of wildlife.

      2.  “Restricted nonresident deer hunt” means a deer hunt in which a restricted nonresident deer hunter hunts with a licensed master guide or licensed subguide.

      3.  “Restricted nonresident deer hunter” means a person who is not a resident of this state and is issued a restricted nonresident deer tag.

      4.  “Restricted nonresident deer tag” means a tag which is issued to a nonresident for a restricted nonresident deer hunt.

      Sec. 2.  1.  For the 1990, 1991, 1992 and 1993 hunting seasons, the department shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the department shall conduct a drawing to determine the persons to whom to issue the tags.


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

ê1989 Statutes of Nevada, Page 1015 (Chapter 476, SB 415)ê

 

tags to be issued, the department shall conduct a drawing to determine the persons to whom to issue the tags.

      2.  The number of restricted nonresident deer tags must:

      (a) Be subtracted from the quota of rifle deer tags for nonresidents; and

      (b) Not exceed 15 percent of the deer tags issued to nonresidents or 250 tags, whichever is less.

      3.  The number of restricted nonresident deer tags issued for any management area must not exceed 25 percent of the rifle deer tags issued to nonresidents for that management area.

      4.  Any restricted nonresident deer tags which are not issued must be returned to the quota of rifle deer tags for nonresidents.

      5.  The department shall mail the tags to the successful applicants.

      Sec. 3.  1.  Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to this act must complete an application on a form prescribed and furnished by the department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.

      2.  The application must be accompanied by a fee for the tag of $250, plus any other fees which the department may require, and mailed to the department. The application must be postmarked on or before 5 p.m. of the latest date for acceptance of applications. The department shall, for the 7 days following that date, accept from the United States Postal Service any application which bears a postmark on or before that date. Any application received after the seventh day must, regardless of its date of postmark, be returned to the applicant with his fee for the tag.

      3.  Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and returned to the applicant with his fee for the tag.

      4.  A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this state during the 1990, 1991, 1992 and 1993 hunting seasons.

      5.  All fees collected pursuant to this section must be deposited with the state treasurer for credit to the wildlife account in the state general fund.

      Sec. 4.  A restricted nonresident deer hunter must be accompanied at all times during the restricted nonresident deer hunt by the licensed master guide who cosigned the application or one of his licensed subguides.

      Sec. 5.  The department shall:

      1.  Collect any pertinent information concerning the success of issuing restricted nonresident deer tags; and

      2.  Submit to the 67th session of the Nevada legislature a report containing the information collected pursuant to subsection 1, an evaluation of the success of issuing restricted nonresident deer tags and any recommendations for issuing such tags after the 1993 hunting season, including any suggested legislation relating thereto.

 

________


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ê1989 Statutes of Nevada, Page 1016ê

 

CHAPTER 477, SB 416

Senate Bill No. 416–Committee on Taxation

CHAPTER 477

AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption for certain medallions and bars bearing the state seal and sold at retail; contingently creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

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, 1990, a proposal must 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, 1990, 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 property 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 762, is hereby amended by adding thereto a new section to read as follows:

      Sec. 63.5  There are exempted from the taxes imposed by this act the gross receipts from the sale, storage, use or other consumption in this state of:

      1.  Medallions made of gold, silver, platinum or nonprecious metals; and

      2.  Bars made of gold, silver or platinum,

which are statutorily authorized to bear the state seal.

       Sec. 2.  This act becomes effective on January 1, 1991.

      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 of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale, storage, use or other consumption of medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum which are statutorily authorized to bear the state seal?

 


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ê1989 Statutes of Nevada, Page 1017 (Chapter 477, SB 416)ê

 

the sale, storage, use or other consumption of medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum which are statutorily authorized to bear the state seal?

                                                                   Yes c                    No c

      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 exempt from the taxes imposed by this act the gross receipts from the sale, storage, use or other consumption of medallions made of gold, silver, platinum or nonprecious metals and bars made of gold, silver or platinum which are authorized by law to bear the state seal. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same exemption.

      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 becomes effective on January 1, 1991. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does 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.

      Sec. 9.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      There are exempted from the taxes imposed by this chapter the gross receipts from the sale, storage, use or other consumption in this state of:

      1.  Medallions made of gold, silver, platinum or nonprecious metals; and

      2.  Bars made of gold, silver or platinum,

which are statutorily authorized to bear the state seal.

      Sec. 10.  Section 9 of this act becomes effective on January 1, 1991, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 6, 1990.

 

________


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ê1989 Statutes of Nevada, Page 1018ê

 

CHAPTER 478, SB 460

Senate Bill No. 460–Committee on Commerce and Labor

CHAPTER 478

AN ACT relating to public utilities; changing the date established for submission of an annual report by a public utility; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.191 is hereby amended to read as follows:

      703.191  1.  Each public utility, common and contract motor carrier and broker which is regulated by the commission shall:

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the commission by regulation, and render them to the commission upon its request.

      (b) Furnish an annual report to the commission in the form and detail which it prescribes by regulation.

      2.  Except as provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than [April] May 15 of the year following the year for which the report is submitted.

      3.  A motor carrier may, with the permission of the commission, prepare the reports required by this section for a year other than a calendar year which the commission specifies, and submit them not later than a date specified by the commission in each year.

      4.  If the commission finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

 

________

 

 

CHAPTER 479, SB 463

Senate Bill No. 463–Committee on Government Affairs

CHAPTER 479

AN ACT relating to county improvement; authorizing a county fair and recreation board to promote tourism, gaming and the recreational facilities of the county through the advertisement of gaming; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.621 is hereby amended to read as follows:

      244A.621  The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244A.597 to 244A.655, inclusive, may:

      1.  Set aside a fund in an amount [which] that it considers necessary and which may be expended in the discretion of the board [for the purpose of promoting or attracting] to promote or attract conventions, meetings and like gatherings [which] that will utilize the recreational facilities authorized by NRS 244A.597.


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ê1989 Statutes of Nevada, Page 1019 (Chapter 479, SB 463)ê

 

gatherings [which] that will utilize the recreational facilities authorized by NRS 244A.597. [Such] The expenditure is hereby declared to be an expenditure made for a public purpose.

      2.  Solicit and promote tourism and gaming generally, both individually and through annual grants to the chambers of commerce of the incorporated cities within the county [,] or other nonprofit groups or associations, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. [Such] The promotion of tourism, gaming or the use of facilities may include advertising the facilities under control of the board and the resources of the community or area, including [without restriction] tourist accommodations, transportation, entertainment , gaming and climate. [Such] The advertising may be done jointly with a private enterprise.

      3.  Enter into contracts for advertising pursuant to this section and pay the cost of [such] the advertising, including a reasonable commission.

      Sec. 2.  NRS 244A.645 is hereby amended to read as follows:

      244A.645  In connection with any license taxes assigned or appropriated by any city, town or county, or any combination thereof, for use in connection with NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board of any county, upon behalf of the county, in addition to powers elsewhere conferred, [is authorized and empowered (but is not required):

      1.  To collect] may:

      1.  Collect the proceeds of such taxes from time to time, [to] receive, control, invest and order the expenditure of [any and all moneys and funds] all money pertaining thereto, [to] prescribe a procedure therefor, including , [(] but not limited to , [)] enforcing the collection of any delinquent taxes and providing penalties in connection therewith, and [to] create an office and hire personnel therefor.

      2.  [To defray] Defray the reasonable costs of collecting and otherwise administering such taxes from not exceeding 10 percent of the gross revenues so collected , [(] excluding from this limitation and from [such] those gross revenues any costs of collecting any delinquent taxes borne by any delinquent taxpayer . [).] The incorporated cities collectively and any county may enter into an agreement with the board for the payment of collection fees which may be more or less than 10 percent of the gross revenues collected by a particular city or the county, except that the total payment of collection fees to all the cities and the county [shall] must not exceed 10 percent of the combined gross revenues so collected.

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


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

ê1989 Statutes of Nevada, Page 1020 (Chapter 479, SB 463)ê

 

cities of the county or other nonprofit groups or associations, and of improving, extending and bettering any recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive, including , but not limited to , making annual grants to the state, the county and incorporated cities in the county for capital improvements for recreational facilities, and of constructing, purchasing or otherwise acquiring any such recreational facilities.

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

      5.  [To make] Make contracts from time to time concerning any such license taxes, notwithstanding any such contract may limit the exercise of powers pertaining thereto, including [, without limiting the generality of the foregoing,] the right of any city, town or the county from time to time to increase, decrease or otherwise modify the tax; but no such change [shall] may be made which [shall prejudicially affect] prejudicially affects any pledge of tax proceeds as additional security for the payment of bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive, and each other political subdivision assigning or appropriating such taxes pertaining thereto [shall] must consent to any such modification.

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

 

________

 

 

CHAPTER 480, AB 755

Assembly Bill No. 755–Committee on Labor and Management

CHAPTER 480

AN ACT relating to occupational diseases; creating a conclusive presumption that heart and lung diseases arise out of employment as a police officer or fireman if the person has been employed for 5 continuous years; revising the provisions concerning predisposing conditions which lead to heart or lung disease; and providing other matters properly relating thereto.

 

[Approved June 24, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in this state in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

      (b) Acting as a volunteer fireman in this state and is entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; or


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ê1989 Statutes of Nevada, Page 1021 (Chapter 480, AB 755)ê

 

      (c) Employed in a full-time salaried occupation as a police officer in this state.

      2.  Except as provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage, once every even-numbered year until he is 40 years of age or older and thereafter on an annual basis during his employment.

      3.  A thorough test of the functioning of the lungs is not required for a volunteer fireman.

      4.  All physical examinations required pursuant to subsection 2 must be paid for by the employer.

      5.  [A disease of the lungs is presumed to have arisen out of and in the course of the employment of any fireman or police officer described in this section if the last physical examination required by subsection 2, as evidenced by a written report of the medical examiner, failed to reveal any evidence of the disease.

      6.] A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer or fireman for 5 years or more before the date of disablement.

      6.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a fireman or police officer,

may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.

      Sec. 2.  NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provisions of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a fireman or police officer in this state [which:

      (a) Are caused from exposure to noxious gases, fumes or smoke or from extreme overexertion, stress or danger; and

      (b) Result in either permanent or temporary disability or death,

are occupational hazards and compensable as such under the provisions of this chapter unless it can be shown by competent evidence that the person suffered from the same ailment sometime during the 5-year period immediately preceding employment.] before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment.

      2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 5 years or more, has served continuously as a volunteer fireman in this state and who has not reached the age of 55 years before the onset of the disease.


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

ê1989 Statutes of Nevada, Page 1022 (Chapter 480, AB 755)ê

 

chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 5 years or more, has served continuously as a volunteer fireman in this state and who has not reached the age of 55 years before the onset of the disease.

      3.  Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment.

      4.  A physical examination is not required for a volunteer fireman more than once every 3 years after an initial examination.

      5.  All physical examinations required pursuant to subsection 3 must be paid for by the employer.

      6.  Failure to correct predisposing [physical] conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a fireman or police officer,

may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.

      8.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

 

________


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ê1989 Statutes of Nevada, Page 1023ê

 

CHAPTER 481, AB 820

Assembly Bill No. 820–Committee on Ways and Means

CHAPTER 481

AN ACT relating to retirement; revising for a certain period the method of calculating the contributions to the public employees’ retirement system; revising the criteria for the vesting of benefits of certain members and their spouse and dependents; increasing certain benefits under the public employees’ retirement system and the legislators’ retirement system; increasing the contribution of legislators; authorizing a legislator with 30 years of service to retire with full retirement allowance; and providing other matters properly relating thereto.

 

[Approved June 23, 1989]

 

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.  Beginning July 1, 1985, a participating public employer shall pay on behalf of an employee the contributions required by subsection 1 of NRS 286.410 if:

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

      (b) The [employee’s benefits have vested pursuant to NRS 286.6793.] employee has 10 or more years of accredited contributing service.

The employer shall begin paying an employee’s portion of contribution on the date [his benefits vest, if they vest] the employee attains 10 years of accredited contributing service, if this occurs after July 1, 1985.

      2.  Except for persons chosen by election or appointment to serve in elective offices of a political subdivision or as district judges of this state, [any such] payment of the employee’s portion of the contributions pursuant to subsection 1 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 employees’ salaries.

      3.  Except in the case of the elective officers described in subsection 2, 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. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.

      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.


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

ê1989 Statutes of Nevada, Page 1024 (Chapter 481, AB 820)ê

 

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

      (a) For all employees except police officers and fireman, 15 percent of compensation; and

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

plus in each case any increase required by NRS 286.465. A public employer which is paying the basic contribution on behalf of its employees [must,] shall, to the extent that the respective percentage rates of the 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 the 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.  Public employers other than the State of Nevada shall pay the entire employee contribution for those employees who contribute to the police and fireman’s retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:

      (a) Members of the Nevada highway patrol; and

      (b) 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 286.510 is hereby amended to read as follows:

      286.510  1.  Except as provided in subsection 2, a member of the system is eligible to retire at age 65 if he has at least 5 years of service, at age 60 if he has at least 10 years of service, and at any age [55] if he has at least 30 years of service.

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

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

      4.  Any member who has the years of creditable service necessary to retire but has not attained the required age , if any, may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection [shall] must be reduced by [6] 4 percent of the unmodified benefit for each full year that the member is under the appropriate retirement age, and an additional [0.5] 0.33 percent for each additional month that the member is under the appropriate retirement age. Any option selected under this subsection [shall] must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified benefit.


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

ê1989 Statutes of Nevada, Page 1025 (Chapter 481, AB 820)ê

 

The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

      Sec. 3.  NRS 286.5756 is hereby amended to read as follows:

      286.5756  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 [;] beginning in the 4th year of receiving benefits and 3 percent beginning in the 10th year of receiving benefits; 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.  NRS 286.576 is hereby amended to read as follows:

      286.576  1.  No further increase as provided in NRS 286.5756 may be made on or after September 1, [1989,] 1996, 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.] 1996.

      Sec. 5.  NRS 286.672 is hereby amended to read as follows:

      286.672  1.  Except as provided in subsection 3, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding his death, or if [his rights under this chapter were vested,] the employee had 10 or more years of accredited contributing service, certain of his dependents are eligible for payments as provided in NRS 286.671 to 286.6791, inclusive. If the death of [such] the member resulted from a mental or physical condition which required him to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after [such termination,] his termination or commencement of leave without pay.


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

ê1989 Statutes of Nevada, Page 1026 (Chapter 481, AB 820)ê

 

      2.  If the death of a member occurs while he is on leave of absence granted by his employer for further training [,] and if he met the requirements of subsection 1 at the time [such] his leave began, certain of his dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments under NRS 286.671 to 286.6791, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.

      Sec. 6.  NRS 286.673 is hereby amended to read as follows:

      286.673  1.  Except as limited by [subsection 6 of this section and] NRS 286.6775, each child of a deceased member is entitled to receive the sum of [$150] $300 per month, beginning on the first day of the month following the member’s death.

      2.  Except as provided in subsections 3 and 4, payments to any child cease on the last day of the month of:

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) His attaining the age of 18 years.

      3.  These benefits may be paid to the child of a deceased member until the last day of the month of his 23rd birthday if he was, at the time of the member’s death, and continues thereafter to be, a full time student in any accredited:

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

      4.  These benefits may be commenced or extended indefinitely beyond a child’s 18th birthday if and so long as he is determined by the system to be:

      (a) Financially dependent; and

      (b) Physically or mentally incompetent.

      5.  All benefits under this section may be paid by the system to the child’s:

      (a) Surviving parent; or

      (b) Legal guardian.

      6.  [The child of a member who died before May 19, 1975, is entitled to receive only $75 per month, and the maximum aggregate amount payable to three or more such children is $210 per month. If there are three or more children of a member who died before May 19, 1977, the maximum aggregate amount payable to them is $450 per month.

      7.] The board shall establish uniform standards and procedures for determining whether a child is:

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      Sec. 7.  NRS 286.674 is hereby amended to read as follows:

      286.674  1.  [Except as limited by subsection 2, the] The spouse of a deceased member is entitled to receive the sum of [$200] $350 per month.


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

ê1989 Statutes of Nevada, Page 1027 (Chapter 481, AB 820)ê

 

The payments must begin on the first day of the month immediately following the death of the member [,] and must cease on the last day of the month in which the spouse dies or remarries. If payments cease before the total amount of contributions made by the deceased member have been received by the spouse, the surplus of contributions over payments received must be paid to the spouse.

      2.  [The spouse of a member who died before May 19, 1975, is entitled to receive only $100 per month and this only if he received at least 50 percent of his support from the member during the 6 months immediately preceding the member’s death.

      3.] The benefits paid pursuant to this section are in addition to any benefits paid pursuant to NRS 286.673.

      Sec. 8.  NRS 286.676 is hereby amended to read as follows:

      286.676  1.  Except as limited by subsections 3 and 4, the spouse of a deceased member [whose allowance was fully vested] who had 10 or more years of accredited contributing service is entitled to receive a monthly allowance equivalent to that provided by:

      (a) Option 3 in NRS 286.590, if the deceased member had less than 20 years of service on the date of his death; or

      (b) Option 2 in NRS 286.590, if the deceased member had more than 20 years of service on the date of his death.

For purposes of applying the provisions of Options 2 and 3, the deceased member shall be deemed to have retired on the date of his death immediately after having named the spouse as beneficiary under the applicable option. This benefit must be computed without any reduction for age for the deceased member. The benefits provided by this subsection must be paid to the spouse for the remainder of the spouse’s life.

      2.  The spouse may elect to receive benefits provided by any one of the following only:

      (a) This section;

      (b) NRS 286.674; or

      (c) NRS 286.678.

      3.  The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the member’s death and to the amounts provided in this subsection. If, at the time of his death, [such a] the member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive the sum of [$100] $350 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, [a] the member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive [$125] $350 per month or 50 percent of the average salary received by the member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, must cease upon the death or remarriage of the spouse. Benefits under this section are not renewable following termination.


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

ê1989 Statutes of Nevada, Page 1028 (Chapter 481, AB 820)ê

 

      4.  The benefits provided by paragraph (a) of subsection 1 may only be paid to the spouses of members who died on or after May 19, 1975.

      Sec. 9.  NRS 286.677 is hereby amended to read as follows:

      286.677  [1.  Except as limited by subsection 2, if] If payments or refunds are not made under the provisions of NRS 286.673 to 286.676, inclusive, the dependent parent of a deceased member is entitled to receive [$150] $300 per month, and if there are two such dependent parents each is entitled to receive [$150] $300 per month. Payments to any parent under this section [shall] must cease upon the death or remarriage of [such] that parent.

      [2.  A dependent parent of a member who died before May 19, 1975, is entitled to receive only $75 per month.]

      Sec. 10.  NRS 286.6793 is hereby amended to read as follows:

      286.6793  1.  [All retirement allowances or benefits] Retirement allowances for members who are active on or after July 1, 1989, become vested on the date that the employee completes 5 years of accredited contributing service.

      2.  Benefits for survivors offered pursuant to this chapter become vested on the date that the employee completes 10 years of [creditable] accredited contributing service or becomes entitled to begin receiving [such] benefits or on the date of his death, whichever event occurs first.

      3.  Unless otherwise specifically provided by the amendatory act, any change in the provisions of this chapter is retroactive for all service of any member [prior to] before the date of vesting, but no such change may impair any vested allowance or benefit.

      [2.] 4.  Any person employed by the state or its political subdivisions who is a participating member of the system [,] on or after July 1, 1989, who has been employed for a period of [10] 5 or more years, [and] who leaves the employ of the state or its political subdivisions [prior to] before the attainment of the minimum service retirement age [, may elect to refuse the return of] and who has not received a refund of his employee contributions, [and in place thereof,] upon reaching the minimum service retirement age [,] applicable to his years of service credit, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.

      Sec. 11.  NRS 218.23831 is hereby amended to read as follows:

      218.23831  1.  Any member of the legislators’ retirement system may purchase all previous creditable service performed in the legislature if [such] that service was performed [prior to] before the creation of this system. The director of the legislative counsel bureau must certify the inclusive dates of service of the legislator to validate the service. The legislator must [pay the board’s actuary for a computation of costs and] pay the full cost as determined by the actuary.

      2.  [Any legislator may purchase credit for any period of service for which contributions were not paid while the legislator was receiving temporary total disability benefits for an industrial injury, if the injury was sustained in performance of his legislative duties for which contributions were required. The legislator must pay the board’s actuary for any necessary computation, and must also pay the full actuarial costs determined by the actuary.


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

ê1989 Statutes of Nevada, Page 1029 (Chapter 481, AB 820)ê

 

      3.] Any legislator who has 5 years of contributing creditable service may purchase up to 5 years of [out-of-state service performed with any federal, state, county or municipal public agency if that service is no longer creditable in another public retirement system. To validate such service, the legislator must obtain a certification of the inclusive dates of previous service performed with the other public agency, together with certification from that agency that his credit is no longer creditable in another public retirement system. Upon application to retire, the board shall ascertain whether or not the purchased service has been reestablished in any other public retirement system. The legislator must pay the board’s actuary for the computation and pay the full actuarial cost as determined by the actuary. For the purposes of this subsection, the federal old-age and survivor’s insurance system is not a “public retirement system.”

      4.  Any legislator who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if such service is no longer credited in the military retirement system. To validate military service, the legislator must provide certification of the inclusive dates of active military service performed, pay the board’s actuary for the computation and pay the full actuarial cost as determined by the actuary.

      5.  Any contributing legislator may purchase previous service performed for any public employer which is not already credited in the legislator’s retirement system, including service as an elected officer or a person appointed to an elective office for an unexpired term. The former public employer must certify the inclusive dates of employment and number of hours regularly worked by the legislator to validate such service. The legislator must pay the board’s actuary for a computation of cost and pay the full cost as determined by the actuary.] additional service credit.

      Sec. 12.  NRS 218.23835 is hereby amended to read as follows:

      218.23835  1.  A legislator who provides proper documentation and establishes the right to purchase [any of the service listed in] previous creditable service or the right to purchase additional service credit pursuant to NRS 218.23831 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.

      2.  The legislative commission may pay any portion of the cost to validate service under NRS 218.23831, but is not required to do so. No credit may be validated unless both the employer and the employee contributions have been paid.

      3.  The legislator or legislative commission, or both, purchasing credit under NRS 218.23831 shall pay the full current administrative fees for each month of service purchased.

      Sec. 13.  NRS 218.2387 is hereby amended to read as follows:

      218.2387  The director of the legislative counsel bureau shall:

      1.  Deduct from the compensation of each legislator an amount equal to [15] 20 percent of the gross compensation earned as a legislator and transmit that amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and


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

ê1989 Statutes of Nevada, Page 1030 (Chapter 481, AB 820)ê

 

      2.  Pay to the board from the legislative fund an amount as the contribution of the State of Nevada as employer which is actuarially determined to be sufficient to provide the system with enough money to pay all benefits for which the system will be liable.

      Sec. 14.  NRS 218.2388 is hereby amended to read as follows:

      218.2388  1.  The minimum requirement for retirement is 10 years of accredited service. A lapse in service as a legislator does not operate to forfeit any retirement rights accrued before the lapse.

      2.  A legislator who meets [this] the minimum requirement of subsection 1 may retire:

      (a) At the age of 60 years or older with a full allowance.

      (b) At any age less than 60 years with an allowance or benefit actuarially reduced to the age of 60 years. An allowance or benefit under this paragraph must be reduced by [6] 4 percent of the unmodified amount for each full year that the member is under the age of 60 years, and an additional [0.5] 0.33 percent for each additional month that the member is under the age of 60 years. Any option selected must be reduced by an amount proportionate to the reduction provided in this subsection for the unmodified allowance or benefit. The board may adjust the actuarial reduction based upon an experience study of the system and recommendation by the actuary.

      3.  A legislator may retire with a full allowance at any age if he has at least 30 years of service.

      Sec. 15.  NRS 218.239 is hereby amended to read as follows:

      218.239  1.  A legislator entering into retirement [on or after July 1, 1975,] is entitled to receive a monthly retirement allowance of [$25] :

      (a) Twenty-five dollars for each year of service up to 30 years, prorated for fractions of a year [.] ; or

      (b) An amount determined by multiplying the average compensation of the legislator by 3.55 percent for each year of service up to 30 years, prorated for fractions of a year,

whichever is greater.

      2.  For the purposes of this section, the average compensation of a legislator is determined by multiplying the daily rate of pay provided for a majority of the members of the legislature during the first 60 days after the last preceding regular session in which the legislator served before his retirement by 260, and then dividing that total by 12.

      Sec. 16.  In lieu of the increases required by NRS 286.465 for the fiscal years 1989-90 and 1990-91, the total rate of contribution to the public employees’ retirement fund is the same as the rate in effect on June 30, 1989.

      Sec. 17.  The amendments made by this act to NRS 286.673, 286.674, 286.676 and 286.677 which increase the benefits payable to certain children, spouses and dependent parents of members who died before May 19, 1975, apply only to payments of benefits on or after July 1, 1989.

      Sec. 18.  1.  This section and sections 1 to 5, inclusive, 10, 11, 12, 14, 15 and 16 of this act, become effective upon passage and approval.

      2.  Sections 6 to 9, inclusive, of this act become effective on July 1, 1989.

      3.  Section 13 of this act becomes effective on January 1, 1993.

 

________


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

ê1989 Statutes of Nevada, Page 1031ê

 

CHAPTER 482, AB 619

Assembly Bill No. 619–Assemblymen Thompson, Jeffrey and Sedway

CHAPTER 482

AN ACT relating to hospices; requiring policies of health insurance to cover hospice care; providing for the regulation of freestanding facilities for hospice care and programs of hospice care; defining “hospice care”; and providing other matters properly relating thereto.

 

[Approved June 25, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 679A.095 is hereby amended to read as follows:

      679A.095  [“Hospice”] “Hospice care” has the meaning ascribed to it in NRS 449.0115.

      Sec. 2.  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 for the policy 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, adoption or placement for the purpose of adoption 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. “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.

      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.


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

ê1989 Statutes of Nevada, Page 1032 (Chapter 482, AB 619)ê

 

      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 commissioner.

      8.  The policy must provide benefits for expense arising from care at home 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 medical facility or facility for the dependent as defined in chapter 449 of NRS.

      9  The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of abuse of alcohol or drugs, unless the policy provides coverage only for a specified disease or provides for the payment of a specific amount of money if the insured is hospitalized or receiving health care in his home.

      10.  [If the policy provides coverage for services rendered by a hospital, other medical facility, facility for the dependent or other similar services it must provide coverage for such services when rendered by a hospice.] The policy must provide benefits for expense arising from hospice care.

      Sec. 3.  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 are representations and not warranties, and that no statement made for that 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 to 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 care at home or health supportive services if the care or service was prescribed by a physician and would have been covered by the policy if performed in a medical facility or facility for the dependent as defined in chapter 449 of NRS.

      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.

      6.  [If the policy provides coverage for services rendered by a hospital, other medical facility, facility for the dependent or other similar services, for such services when rendered by a hospice.] A provision for benefits for expenses arising from hospice care.


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

ê1989 Statutes of Nevada, Page 1033 (Chapter 482, AB 619)ê

 

      Sec. 4.  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, if it is a group 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, other medical facility, facility for the dependent or other similar services, unless the contract provides coverage for those services when rendered by a hospice.] Unless the contract provides benefits for expenses incurred for hospice care.

      10.  Unless the contract for service in a hospital 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 service and care in a hospital to select the contracting hospital or to make 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 services are to be provided.

 

      Sec. 5.  NRS 695C.176 is hereby amended to read as follows:

      695C.176  Each health care plan [which provides coverage for services rendered by a hospital, other medical facility, facility for the dependent or other similar services must also provide coverage for such services when rendered by a hospice.] must provide benefits for hospice care.


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

ê1989 Statutes of Nevada, Page 1034 (Chapter 482, AB 619)ê

 

      Sec. 6.  NRS 361.088 is hereby amended to read as follows:

      361.088  All real and personal property of the Nathan Adelson Hospice in the State of Nevada is exempt from taxation but that property must be taxed if it is used for any purpose other than carrying out the legitimate functions of [the hospice.] a freestanding facility for hospice care.

      Sec. 7.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 8.5 and 9 of this act.

      Sec. 8.  “Freestanding facility for hospice care” means a facility which is physically separate from any other medical facility and is operated exclusively for the provision of hospice care.

      Sec. 8.5.  No person, state or local government or agency may represent that it provides “hospice care” unless the program of care, either directly or indirectly:

      1.  Has a medical director whose responsibilities are appropriate to the needs of the program and who:

      (a) Is a physician, currently licensed to practice;

      (b) On the basis of training, experience and interest, is knowledgeable about the psychosocial and medical aspects of hospice; and

      (c) Acts as a medical resource to the interdisciplinary team which provides the hospice care;

      2.  Is provided to the patient, as needed, in the patient’s home, at a residential facility and at a medical facility, at any time of the day or night;

      3.  Includes medical, nursing, psychological and pastoral care and social services at the level required by the patient’s condition;

      4.  Provides supportive services for the patient’s immediate family and other persons with significant personal ties to the patient, whether or not related by blood, including:

      (a) Care for the patient which provides a respite from the stresses and responsibilities that result from the daily care of the patient; and

      (b) Emotional support and other care after the patient dies; and

      5.  Includes the services of trained volunteers.

      Sec. 9.  1.  A licensed freestanding facility for hospice care may provide any of the following levels of care for terminally ill patients:

      (a) Medical care for a patient who is in an acute episode of illness;

      (b) Skilled nursing care;

      (c) Intermediate care; and

      (d) Custodial care.

      2.  A licensed freestanding facility for hospice care may provide direct supportive services to a patient’s family and persons who provide care for the patient, including services which provide care for the patient during the day and other services which provide a respite from the stresses and responsibilities that result from the daily care of the patient.

      Sec. 10.  NRS 449.001 is hereby amended to read as follows:

      449.001  As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and sections 8 and 8.5 of this act have the meanings ascribed to them in those sections.


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

ê1989 Statutes of Nevada, Page 1035 (Chapter 482, AB 619)ê

 

      Sec. 11.  NRS 449.0115 is hereby amended to read as follows:

      449.0115  [“Hospice” means an establishment which is staffed and equipped to:

      1.  Provide care, either in the home or in a facility, or both, for persons who are terminally ill and do not want or require the full services of a hospital or facility for skilled nursing;

      2.  Offer medical services under the direction of a physician with a staff of professional nurses available 24 hours each day; and

      3.  Provide, directly or by arrangement, social, psychological or spiritual services for the patient and his family.]

      1.  “Hospice care” means a centrally administered program of palliative and supportive services provided by an interdisciplinary team directed by a physician. The program includes the provision of physical, psychological, custodial and spiritual care for persons who are terminally ill and their families. The care may be provided in the home, at a residential facility or at a medical facility at any time of the day or night. The term includes the supportive care and services provided to the family after the patient dies.

      2.  As used in this section:

      (a) “Family” includes the immediate family, the person who primarily cared for the patient and other persons with significant personal ties to the patient, whether or not related by blood.

      (b) “Interdisciplinary team” means a group of persons who work collectively to meet the special needs of terminally ill patients and their families and includes such persons as a physician, registered nurse, social worker, clergyman and trained volunteer.

      (c) “Palliative services” means services and treatments directed toward the control of pain and symptoms which provide the greatest degree of relief for the longest period while minimizing side effects.

      Sec. 12.  NRS 449.0151 is hereby amended to read as follows:

      449.0151  “Medical facility” includes:

      1.  A surgical center for ambulatory patients;

      2.  An obstetric center;

      3.  An independent center for emergency medical care;

      4.  An agency to provide nursing in the home;

      5.  A facility for intermediate care;

      6.  A facility for skilled nursing;

      7.  A [hospice;] freestanding facility for hospice care;

      8.  A hospital;

      9.  A psychiatric hospital;

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

      11.  A rural clinic.

      Sec. 13.  NRS 449.030 is hereby amended to read as follows:

      449.030  1.  No person, state or local government or agency thereof may operate or maintain in this state any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive.

      2.  Unless licensed as a freestanding facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the board.


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ê1989 Statutes of Nevada, Page 1036 (Chapter 482, AB 619)ê

 

      Sec. 14.  NRS 449.037 is hereby amended to read as follows:

      449.037  1.  The board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive [.] , and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities [.

      (c) Such] and programs.

      (c) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

      2.  The board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

which provide care to persons with Alzheimer’s disease.

      3.  The board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      Sec. 15.  NRS 449.260 is hereby amended to read as follows:

      449.260  As used in NRS 449.250 to 449.430, inclusive:

      1.  “Community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community in or near which the facility is situated.

      2.  “Construction” includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects’ fees , but excluding the cost of offsite improvements and, except with respect to public health centers, the cost of the acquisition of the land.

      3.  “Facility for the mentally retarded” means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.

      4.  “Federal Act” means 42 U.S.C. §§ 291 to 291o-l, inclusive, and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.

      5.  “Federal agency” means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.

      6.  “Health facility” includes a public health center, hospital, [hospice,] freestanding facility for hospice care, facility for the mentally retarded, community mental health center, and other facility to provide diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, including diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but, except for facilities for the mentally retarded, does not include any facility furnishing primarily domiciliary care.


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ê1989 Statutes of Nevada, Page 1037 (Chapter 482, AB 619)ê

 

defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but, except for facilities for the mentally retarded, does not include any facility furnishing primarily domiciliary care.

      7.  “Nonprofit health facility” means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or natural person.

      8.  “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.

      9.  “State department” means the department of human resources, acting through its appropriate divisions.

      Sec. 16.  Section 2 of Senate Bill No. 84 of this session is hereby amended to read as follows:

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

       449.001  As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.019, inclusive, and section 8 of [this act] Assembly Bill No. 619 of this session and section 1 of this act, have the meanings ascribed to them in those sections.

      Sec. 17.  Section 3 of Senate Bill No. 84 of this session is hereby amended to read as follows:

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

       449.0151  “Medical facility” includes:

       1.  A surgical center for ambulatory patients;

       2.  An obstetric center;

       3.  An independent center for emergency medical care;

       4.  An agency to provide nursing in the home;

       5.  A facility for intermediate care;

       6.  A facility for skilled nursing;

       7.  A freestanding facility for hospice care;

       8.  A hospital;

       9.  A psychiatric hospital;

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

       11.  A rural clinic [.] ; and

       12.  A nursing pool.

      Sec. 18.  Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1989.

 

________


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ê1989 Statutes of Nevada, Page 1038ê

 

CHAPTER 483, AB 794

Assembly Bill No. 794–Assemblyman Spriggs

CHAPTER 483

AN ACT relating to state emblems; clarifying that the ichthyosaur of the genus Shonisaurus is the state fossil; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 235.080 is hereby amended to read as follows:

      235.080  The prehistoric marine reptile known as the ichthyosaur [(Ichthyosauria),] (genus Shonisaurus), now extinct, is hereby designated as the official state fossil of the State of Nevada.

 

________

 

 

CHAPTER 484, AB 863

Assembly Bill No. 863–Committee on Commerce

CHAPTER 484

AN ACT relating to community antenna television systems; repealing prospective expiration of law prohibiting a landlord from denying a tenant access to this service; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 742, Statutes of Nevada 1987, at page 1820, is hereby repealed.

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

 

________


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

ê1989 Statutes of Nevada, Page 1039ê

 

CHAPTER 485, AB 795

Assembly Bill No. 795–Committee on Judiciary

CHAPTER 485

AN ACT relating to public administrators; revising certain provisions limiting the posting of bonds by public administrators and public guardians; revising certain provisions relating to compensation of public administrators; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 253.020 is hereby amended to read as follows:

      253.020  1.  Every person elected to fill the office of public administrator [shall] must qualify as required in this section on or before the [1st] first Monday of January next after his election.

      2.  Every public administrator shall:

      (a) Take the constitutional official oath, which is for the faithful performance of the duties of his office, and which must be taken and subscribed upon both the certificate of election or appointment and the official bond. The oath upon the bond must be recorded with the bond.

      (b) Give an official bond in an amount not less than $10,000, as required and fixed by the board of county commissioners of his county by an order entered in the minutes of the board, unless a blanket fidelity bond is furnished by the county. The bond must be conditioned, secured, approved and recorded as the bonds of other county officers are, or may be required by law to be, and must be so conditioned as to hold the principal and sureties liable for any breach thereof made [,] by the public administrator while acting or illegally refusing to act in his official capacity.

      3.  The official bond and oath of office of a public administrator are in lieu of the bonds and oaths required of private administrators. The court may require the public administrator to execute a separate bond for any estate in the manner provided in NRS 142.020.

      4.  The board of county commissioners may, upon reasonable cause therefor shown, require a new bond or an additional bond at any time, to be given upon 10 days’ notice in writing. If the new or additional bond is not given, the board shall declare the office vacant.

      Sec. 2.  NRS 253.040 is hereby amended to read as follows:

      253.040  1.  Public administrators are authorized to administer on the estates of any deceased persons in any cases where by law they are entitled to administer by virtue of their office, and are required to make formal application for letters of administration . [, and, except as otherwise provided in this section, file and have approved a bond, payable to the State of Nevada, in all estates where the estimated value of the personal property exceeds the sum of $500. The bond of any public administrator may be increased as provided by law.

      2.  Except as provided in subsection 3, in counties having a population of]

      2.  In counties whose population is 100,000 or more, the public administrator shall execute a bond to the State of Nevada in the amount of $100,000, conditioned that the public administrator will faithfully execute the duties of the trust according to law .


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

ê1989 Statutes of Nevada, Page 1040 (Chapter 485, AB 795)ê

 

the trust according to law . [for each estate for which letters of administration have been issued to him to an aggregate value of such estates of $100,000, or a separate bond for each estate in the manner prescribed by NRS 142.020.

      3.  The public administrator shall, in counties having a population of 100,000 or more, execute a separate bond, conditioned that he will faithfully execute the duties of the trust, for each estate determined by the court to have a value in total assets exceeding $25,000.

      4.] 3.  In counties [having a population of] whose population is less than 100,000, the official bond given pursuant to NRS 253.020 may secure the faithful execution of the public administrator’s duties for all estates for which he has been issued letters of administration if the aggregate value of all the estates does not exceed the amount of his bond. [The court may require the public administrator to execute a separate bond for any estate in the manner prescribed in NRS 142.020.]

      Sec. 3.  NRS 253.0415 is hereby amended to read as follows:

      253.0415  The public administrator shall:

      1.  Investigate:

      (a) The financial status of any proposed ward, for whom he has been requested to serve as guardian, to determine whether he is eligible to serve in that capacity.

      (b) Whether there is any qualified person, who is willing and able to serve as guardian for a ward or administrator of the estate of an intestate decedent, to determine whether he is eligible to serve in that capacity.

      2.  Petition the court for appointment as guardian of the person and estate of any ward if, after investigation, the public administrator finds that he is eligible to serve. This petition for appointment as guardian must be made by the public administrator regardless of the amount of assets in the guardianship estate if no other qualified person having a prior right is willing and able to serve.

      3.  Petition the court for letters of administration of the estate of a person dying intestate if, after investigation, the public administrator finds that there is no other qualified person having a prior right who is willing and able to serve, and the estate does not exceed [$10,000] $25,000 in gross value.

      4.  Upon court order, act as:

      (a) Guardian of the person and estate of an adult ward; or

      (b) Administrator of the estate of a person dying intestate,

regardless of the amount of assets in the estate of the ward or decedent if no other qualified person is willing and able to serve.

      Sec. 4.  NRS 253.0425 is hereby amended to read as follows:

      253.0425  1.  If the public administrator finds that there is no qualified person willing and able to administer the estate of a particular decedent, he shall investigate further to estimate its gross value.

      2.  If the estate appears to have a gross value of [$10,000] $25,000 or less, he shall:

      (a) Assist a proper person to petition to have it set aside without administration or directly receive the assets from a custodian, as the facts may warrant; or

      (b) Himself petition to have the estate set aside without administration and properly distributed.


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

ê1989 Statutes of Nevada, Page 1041 (Chapter 485, AB 795)ê

 

      3.  If the estate appears to have a gross value of more than [$10,000:] $25,000:

      (a) He shall proceed with summary or full administration as the value of the estate requires.

      (b) He may retain an attorney to assist him, rotating this employment in successive estates among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorney’s fee is a charge upon the estate.

      Sec. 5.  NRS 253.050 is hereby amended to read as follows:

      253.050  1.  For the administration of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.

      2.  The district attorneys of Lander, Lincoln and White Pine counties as ex officio public administrators and the clerk of Carson City serving as public administrator of Carson City may retain all fees provided by law received by them as public administrators.

      3.  The public administrator is entitled to compensation [by the court] from the estate or from beneficiaries for the reasonable value of his services performed in preserving the [personal] property of an estate of a deceased person before the appointment of an administrator. Compensation must be set by the board of county commissioners.

      Sec. 6.  NRS 253.150 is hereby amended to read as follows:

      253.150  1.  The board of county commissioners of any county may establish the office of public guardian.

      2.  The board of county commissioners may:

      (a) Appoint the public guardian for a term of 4 years from the day of appointment; or

      (b) Designate an elected or appointed county officer as ex officio public guardian.

      3.  The compensation of a public guardian appointed or designated pursuant to [paragraph (a) of] subsection 2 [shall] must be fixed by the board of county commissioners and paid out of the county general fund. [An elected or appointed county officer designated as ex officio public guardian pursuant to paragraph (b) of subsection 2 shall receive no compensation for his services as ex officio public guardian.]

      Sec. 7.  NRS 253.160 is hereby amended to read as follows:

      253.160  1.  Upon taking office, a public guardian shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general funds of the county and be conditioned upon the public guardian’s faithful performance of his duties.

      2.  The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.

      3.  The oath and bond of an elected or appointed public officer designated ex officio public guardian pursuant to subsection 2 of NRS 253.150 are in lieu of the bonds and oaths required of private guardians. The court may require the ex officio public guardian to execute a separate bond for any guardianship in the manner prescribed in NRS 159.065.


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ê1989 Statutes of Nevada, Page 1042 (Chapter 485, AB 795)ê

 

the ex officio public guardian to execute a separate bond for any guardianship in the manner prescribed in NRS 159.065.

 

________

 

 

CHAPTER 486, AB 482

Assembly Bill No. 482–Committee on Government Affairs

CHAPTER 486

AN ACT relating to local governmental finances; revising the provisions governing the period of redemption for property sold for delinquent assessments or installments of assessments; exempting property owned and used by a school district from assessments for local improvement districts and general improvement districts; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:

      All property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      Sec. 2.  NRS 271.570 is hereby amended to read as follows:

      271.570  After receiving the amount of the assessment, or installment thereof, interest, penalty and costs, the treasurer shall make out a certificate, dated on the date of the sale, stating (when known) the name of the owner as given on the assessment roll, a description of the tract sold, the amount paid therefor, the name of the purchaser, that it was sold for an installment or the whole amount of the assessment, as the case may be, giving the name of the district or other brief designation of the improvement for which the assessment was levied, and specifying that the purchaser is entitled to a deed [2 years from the date of sale,] upon the expiration of the applicable period of redemption as determined pursuant to subsection 1 of NRS 271.595, unless redemption is made. The certificate of sale [shall] must be signed by the municipal treasurer and delivered to the purchaser.

      Sec. 3.  NRS 271.575 is hereby amended to read as follows:

      271.575  The municipal clerk [shall be] is the custodian of all certificates for property sold to the municipality. At any time [within 2 years from the date of a certificate] before the expiration of the period of redemption as determined pursuant to subsection 1 of NRS 271.595 and before the redemption of the property, he shall sell or transfer any certificate to any person who presents to him the treasurer’s receipt evidencing payment of the amount for which the property described was stricken off to the municipality, with interest continuing to accrue from the date of sale to the date of payment at a rate not exceeding 1 percent per month, as aforesaid. The clerk may, if authorized by the governing body, sell and transfer any certificate in like manner after the expiration of [2 years of the date of the certificate.] the period of redemption as determined pursuant to subsection 1 of NRS 271.595.


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

ê1989 Statutes of Nevada, Page 1043 (Chapter 486, AB 482)ê

 

      Sec. 4.  NRS 271.595 is hereby amended to read as follows:

      271.595  1.  Any property sold for an assessment, or any installment thereof, [shall be] is subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative [at any time within 2 years from] after:

      (a) If there was a permanent residential dwelling unit or any other significant permanent improvement on the property at the time the sale was held pursuant to NRS 271.555, as determined by the governing body, at any time within 2 years; or

      (b) In all other cases, at any time within 120 days,

after the date of the certificate of sale, upon payment to the municipal treasurer of the amount for which the property was sold, with interest thereon at a rate of not exceeding 1 percent per month, together with all taxes and special assessments, or installments thereof, interest, penalties, costs and other charges, thereon paid by the purchaser since the sale, with like interest thereon. Unless written notice of taxes and assessments subsequently paid, and the amount thereof, is deposited with the treasurer, redemption [shall] may be made without their inclusion.

      2.  On any redemption being made, the treasurer shall give to the redemptioner a certificate of redemption, and pay over the amount received to the purchaser of the certificate of sale or his assigns.

      3.  If no redemption is made within the period [of 2 years,] of redemption as determined pursuant to subsection 1, the treasurer shall, on demand of the purchaser or his assigns, and the surrender to him of the certificate of sale, execute to the purchaser or his assigns a deed to the property. No deed may be executed until the holder of the certificate of sale has notified the owners of the property that he holds the certificate, and that he will demand a deed therefor. The notice [shall] must be given by personal service upon the owner. However, if an owner is not a resident of the state or cannot be found within the state after diligent search, the notice may be given by publication. The notice and return thereof, with the affidavit of the person, or in the case of the municipality, of the clerk, claiming a deed, showing that service was made, [shall] must be filed with the treasurer.

      4.  If redemption is not made within 60 days after the date of service, or the date of the first publication of the notice, as the case may be, the holder of the certificate of sale is entitled to a deed. The deed [shall] must be executed only for the property described in the certificate, and after payment of all delinquent taxes and special assessments, or installments thereof, whether levied or assessed before or after the issuance of the certificate of sale. A deed may be issued to any municipality for the face amount of the certificate of sale, plus accrued interest from the date of sale to the date of the execution of the deed at a rate of not exceeding 1 percent per month.

      Sec. 5.  NRS 318.350 is hereby amended to read as follows:

      318.350  [Such]

      1.  Except as otherwise provided in subsection 2, such part of the expenses of making any public improvement (to implement any one, all or any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for its organization or in any proceedings for its reorganization or as may be otherwise provided by law), as the board determines by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon [such] the improvement and [such] the other lands as in the opinion of the board may be specially benefited by the improvement.


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ê1989 Statutes of Nevada, Page 1044 (Chapter 486, AB 482)ê

 

affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon [such] the improvement and [such] the other lands as in the opinion of the board may be specially benefited by the improvement.

      2.  All property owned and used by a school district is exempt from any assessment made pursuant to the provisions of this chapter.

      Sec. 6.  1.  Section 1 of this act does not apply to any assessment district for which, on or before the effective date of this act, a provisional order has been issued or other notice has been given of a hearing to be held pursuant to NRS 271.310.

      2.  The amendatory provisions of section 5 of this act do not apply to any special assessments for which a notice stating the amount of the assessment has been transmitted to property owners on or before the effective date of this act.

      3.  The amendatory provisions of sections 2, 3 and 4 of this act apply to all property subject to sale for a delinquent assessment or installment of an assessment for which a sale pursuant to NRS 271.555 has not been held before the effective date of this act, whether or not the delinquency began before that date.

      Sec. 7.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 487, AB 693

Assembly Bill No. 693–Assemblymen Kerns, Arberry, Bergevin, Marvel, Myrna Williams, Banner, Garner, Adler, McGaughey, Lambert, Freeman, Sedway, Nevin, Fay, Thompson, Swain, Evans, DuBois, Wendell Williams, McGinness, Triggs, Humke, Schofield, Gaston, Carpenter, Regan, Porter, Bogaert, Chowning, Price, Spinello, Gibbons, Jeffrey, Callister, Brookman, Sader, Diamond, Sheerin, Dini, Wisdom, Kissam and Spriggs

CHAPTER 487

AN ACT relating to fire protection systems; prohibiting the willful or malicious installation of a fire protection system with knowledge that it is inoperable; prohibiting the impairment of the effectiveness of a fire protection system; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.580 is hereby amended to read as follows:

      202.580  1.  Every person who [shall] willfully and maliciously [remove, damage or destroy] removes, damages or destroys any rope, wire, bell, signal, instrument or apparatus for the communication of alarms of fire or police calls [shall be] is guilty of an offense proportionate to the value of the property removed, damaged or destroyed, but in no event less than a misdemeanor.


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ê1989 Statutes of Nevada, Page 1045 (Chapter 487, AB 693)ê

 

      2.  Every contractor who willfully or maliciously installs or causes to be installed in any structure a fire protection system knowing it to be inoperable, or who impairs the effectiveness of a fire protection system in any structure to an extent that a person in the structure would be endangered in the event of a fire, shall be punished by the permanent revocation of every license issued to him by this state or any political subdivision authorizing him to install fire protection systems, and for a gross misdemeanor.

      3.  The conviction of a person for a violation of the provisions of subsection 2 does not preclude the prosecution of that person for deceptive trade practices, fraud or similar crimes.

      4.  As used in this section:

      (a) “Automatic fire extinguishing system” means a system approved by the state fire marshal that is installed in a structure and designed to extinguish a specific type of fire. This type of system includes dry chemical, carbon dioxide, halogenated agent, steam, high-expansion foam, foam extinguishing and liquid agent systems.

      (b) “Automatic fire sprinkler system” means a system of underground or overhead pipes, or both, to which sprinklers are attached that is installed in a structure and designed to discharge water automatically when activated by heat from a fire and to sound an alarm when the system is in operation.

      (c) “Contractor” means any person, including a subcontractor, employee or agent of the contractor, who, for another person and for compensation or with the intention or expectation of receiving compensation, undertakes to install or cause to be installed, by himself or by or through others, in any structure, a fire protection system.

      (d) “Fire alarm system” means a system composed of a control unit and a combination of electrical devices that is designed to sound an alarm in the event of a fire and that may be activated manually, automatically or in both ways.

      (e) “Fire protection system” includes an automatic fire sprinkler system, an automatic fire extinguishing system, a fire alarm system and a standpipe system.

      (f) “Standpipe system” means a system of pipes, valves, connectors and related equipment that is attached to a water supply and designed so that water can be discharged through a hose attached to a connector for the purpose of extinguishing a fire.

      (g) “Structure” includes a building, bridge, tunnel and power plant.

 

________


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

ê1989 Statutes of Nevada, Page 1046ê

 

CHAPTER 488, AB 25

Assembly Bill No. 25–Committee on Government Affairs

CHAPTER 488

AN ACT relating to local governmental finances; revising the provisions governing the calculation of the maximum allowable combined revenue; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.5987 is hereby amended to read as follows:

      354.5987  1  For the purposes of NRS 354.59805, 354.59811 and 354.59816, the maximum allowable combined revenue of any local government:

      (a) Which comes into being on or after July 1, 1983, whether newly created, consolidated, or both; or

      (b) Which was in existence before July 1, 1983, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1981,

must be initially established by the Nevada tax commission.

      2.  [If] Except as otherwise provided in subsection 3, if the local government for which the maximum allowable combined revenue is to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To [the extent necessary to] achieve this result, the Nevada tax commission shall [subtract from the maximum allowable combined revenue, the basic revenue from taxes ad valorem and the revenues from taxes ad valorem allowed by NRS 354.59805 of each local government that previously performed all or part of that function the amount expended for that purpose in the most recent fiscal year for which reliable information is available.

      3.] request the local governmental advisory committee to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the local governmental advisory committee shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the local government advisory committee. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:

      (a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the maximum allowable combined revenue of that local government;

      (b) Apply the percentage determined pursuant to paragraph (a) to the basic ad valorem revenue and to the revenue from taxes ad valorem allowed by NRS 354.59805 and subtract those amounts respectively from the basic ad valorem revenue and from the revenue from taxes ad valorem allowed by NRS 354.59805 of the predecessor local government; and


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

ê1989 Statutes of Nevada, Page 1047 (Chapter 488, AB 25)ê

 

      (c) Then subtract from the maximum allowable combined revenue of each predecessor local government, the prior cost of performing the function.

The basic ad valorem revenue, revenue from taxes ad valorem allowed by NRS 354.59805 and maximum allowable combined revenue, respectively, attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the basic ad valorem revenue, revenue from taxes ad valorem allowed by NRS 354.59805 and maximum allowable combined revenue, respectively, of all of the predecessor local governments.

      3.  If the local government for which the maximum combined allowable revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:

      (a) Using the maximum allowable combined revenue of the town replaced by the city, if any, as a basis, set the maximum allowable combined revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;

      (b) Set the basic ad valorem revenue of the city at an amount which bears the same ratio to the maximum allowable combined revenue of the city as the sum of the basic ad valorem revenue of the county, and any town which the city is replacing, bears to the sum of the maximum allowable combined revenue of the county and the city;

      (c) Reduce the basic ad valorem revenue of the county by the amount set for the city pursuant to paragraph (b);

      (d) Add to the basic ad valorem revenue of the county the basic ad valorem revenue of any town to which the city has replaced; and

      (e) Add to the revenue from taxes ad valorem allowed by NRS 354.59805 of the county the revenue from taxes ad valorem allowed by NRS 354.59805 for any town which the city replaced, except that the addition to the county must be limited so that the county does not receive from the supplemental city-county relief tax and taxes ad valorem an amount greater than its maximum allowable combined revenue.

      4.  In any other case, the total maximum allowable combined revenue of all local governments in the county, to which the limits imposed by NRS 354.59805 and 354.59816 apply, must not be increased, but the total [must be reallocated among them to accommodate the amount newly established pursuant to subsection 1.] basic ad valorem revenue and revenue from taxes ad valorem allowed by NRS 354.59805 must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.

      5.  Any amount of basic ad valorem revenue allowable which is established or changed pursuant to this section must be used to determine a new tax rate for the fiscal year ending June 30, 1981, for each affected local government. This new tax rate must be used to make the distributions required by NRS 377.057 for each year following the year in which the amount was established or changed.

      6.  As used in this section:

      (a) “Prior cost of performing the function” means the amount expended by a local government to perform a function which is now to be performed by another local government.


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

ê1989 Statutes of Nevada, Page 1048 (Chapter 488, AB 25)ê

 

another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.

      (b) “Predecessor local government” means a local government which previously performed all or part of a function to be performed by the local government for which a maximum allowable combined revenue is being established pursuant to subsection 1.

      Sec. 2.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

      (a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:

                                                                                                                   Percent-

Political Subdivision                                                                                   age

Churchill County............................................................................................          3.23

City of North Las Vegas................................................................................        46.52

City of Carlin...................................................................................................          2.72

Esmeralda County..........................................................................................            .20

Eureka County................................................................................................            .71

City of Winnemucca......................................................................................          5.56

City of Caliente...............................................................................................            .46

City of Yerington............................................................................................          4.77

Mineral County..............................................................................................          9.96

City of Gabbs..................................................................................................          4.31

Pershing County............................................................................................          2.52

City of Lovelock.............................................................................................          5.77

White Pine County........................................................................................          5.37

City of Ely........................................................................................................          7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816.


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

ê1989 Statutes of Nevada, Page 1049 (Chapter 488, AB 25)ê

 

which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government , except as otherwise provided in subsection 5 of NRS 354.5987, is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.

      (c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.

      4.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.

      5.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership to public ownership after July 1, 1986, pursuant to:

      (a) The Santini-Burton Act, Public Law 96-586; or

      (b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

      6.  As used in this section, “maximum allowable revenue” excludes the maximum allowable revenue of any city incorporated after July 1, 1988, except for that portion of the maximum allowable revenue of the city attributable to any town which the city replaced.

 

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

ê1989 Statutes of Nevada, Page 1050ê

 

CHAPTER 489, AB 803

Assembly Bill No. 803–Assemblyman Humke

CHAPTER 489

AN ACT relating to the care of children; allowing the bureau of services for child care of the youth services division of the department of human resources to issue an initial license for a child care facility for less than 1 year; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432A.141 is hereby amended to read as follows:

      432A.141  1.  If, after investigation, the bureau finds that the applicant is in full compliance with the provisions of this chapter and the standards and regulations adopted thereunder, the bureau shall issue to the applicant the license applied for.

      2.  The bureau shall charge and collect a fee for each license issued for a child care facility in an amount prescribed by regulation of the board.

      3.  [A license so issued is effective for 1 year] The initial license issued by the bureau may be effective for a period not exceeding 1 year from the date of issuance.

      4.  A license that is renewed by the bureau is effective for 1 year from the date of renewal.

      5.  A license applies only to the person named therein, is valid only for the premises described therein, and is not transferable.

 

________

 

 

CHAPTER 490, AB 885

Assembly Bill No. 885–Assemblymen Bogaert, Nevin, Fay, Lambert, Adler, Bergevin, Gibbons, Kerns and Regan

CHAPTER 490

AN ACT relating to traffic laws; authorizing the director of the department of motor vehicles and public safety to adopt regulations concerning tire chains and traction devices for tires; permitting the use of approved traction devices for tires when required; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.6425 is hereby amended to read as follows:

      484.6425  1.  Except as provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.

      2.  This section does not prohibit:

      (a) Tire chains [.] or traction devices approved by the director.


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

ê1989 Statutes of Nevada, Page 1051 (Chapter 490, AB 885)ê

 

      (b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but must not exceed 20 percent of that area.

      (c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between October 1 and April 30.

      (d) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.

      (e) The operation of traction engines or tractors under conditions of a permit first obtained from the department of transportation with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.

      Sec. 2.  NRS 484.643 is hereby amended to read as follows:

      484.643  1.  It is unlawful for any person to operate a motor vehicle, whether it is an emergency vehicle or otherwise, without traction devices, tire chains or snow tires upon any street or highway, under icy and snowy conditions, when the highway is marked or posted with signs for the requirement of traction devices, chains or snow tires.

      2.  The director [may] shall adopt regulations defining “traction device,” “tire chain” and “snow tire.” The director shall consider regulations of the Federal Highway Administration and the National Highway Traffic Safety Administration and publications of the Rubber Manufacturers Association. The regulations must specify minimum standards for patterns of tread on snow tires which will provide adequate traction in mud and snow.

      [3.  As used in this section, “tire chain” means a device consisting of two metal or plastic circular loops, one on each side of a tire, which are connected across the tread of the tire by not less than nine evenly spaced chains, cables or straps.]

      Sec. 3.  NRS 484.6432 is hereby amended to read as follows:

      484.6432  1.  If a highway in this state is marked or posted with signs requiring the use of traction devices, tire chains or snow tires, a motor vehicle or combination of vehicles must be equipped with:

      (a) [Either] Traction devices, tire chains or snow tires if it has a gross weight or combined gross weight of 10,000 pounds or less.

      (b) Tire chains if it has a gross weight or combined gross weight of more than 10,000 pounds.

      2.  If a highway in this state is marked or posted with signs requiring the use of traction devices or tire chains on all motor vehicles except vehicles with 4-wheel drive and snow tires on all wheels, all such motor vehicles must be equipped with traction devices or tire chains.


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

ê1989 Statutes of Nevada, Page 1052 (Chapter 490, AB 885)ê

 

      Sec. 4.  NRS 484.6434 is hereby amended to read as follows:

      484.6434  If a motor vehicle is required to be equipped with traction devices, tire chains or snow tires, the devices or chains must be installed or the tires must be mounted on at least two:

      1.  Driving wheels of the motor vehicle; and

      2.  Braking wheels of any trailing vehicle in a combination of vehicles if that training vehicle is equipped or required to be equipped with brakes.

 

________

 

 

CHAPTER 491, SB 335

Senate Bill No. 335–Committee on Natural Resources

CHAPTER 491

AN ACT relating to the appropriation of water; authorizing the extension of the time to apply water to a beneficial use on land developed under an approved plan for the use of the land; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.380 is hereby amended to read as follows:

      533.380  1.  In his endorsement of approval upon any application, the state engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years of the date of such approval.

      (b) Except as otherwise provided in the paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land [for] :

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS ;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

must not be less than 5 years.

      2.  The state engineer may limit the applicant to a smaller quantity of water, to a shorter [period of] time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter [period of] time for the perfecting of the application than named in the application.

      3.  Except as otherwise provided in subsection 4 [,] and subject to the provisions of NRS 533.395, the state engineer may, for good cause shown, extend the time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by him; but an application for the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.


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

ê1989 Statutes of Nevada, Page 1053 (Chapter 491, SB 335)ê

 

following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410.

      4.  [Whenever] Subject to the provisions of NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land [for which a final subdivision map has been recorded pursuant to chapter 278 of NRS] referred to in paragraph (b) of subsection 1 requests an extension of time to apply the water to a beneficial use, the state engineer shall, in determining whether to grant or deny the extension, consider, among other [reasons:] factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels [of land] and commercial or residential units which are contained in or planned for the [subdivision;] land being developed;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use; [and]

      (d) Any delays in the development of the [subdivision] land which were caused by unanticipated natural conditions [.] ; and

      (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

if any, for completing the development of the land.

 

________

 

 

CHAPTER 492, SB 402

Senate Bill No. 402–Committee on Commerce and Labor

CHAPTER 492

AN ACT relating to public utilities; abolishing the legislative committee to review the performance of the office of the consumer’s advocate; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 228.400 is hereby repealed.

 

________


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

ê1989 Statutes of Nevada, Page 1054ê

 

CHAPTER 493, AB 721

Assembly Bill No. 721–Assemblyman Nevin

CHAPTER 493

AN ACT relating to the towing of vehicles; prohibiting the towing of vehicles in certain public parking lots which do not issue tickets or time slips; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 487.037 is hereby amended to read as follows:

      487.037  1.  It is unlawful for [any] a person engaged in the operation of offstreet parking facilities to:

      (a) Tow or remove or authorize the towing and removal of any vehicle within 24 hours of the expiration of the period for which a particular fee is paid. This [subsection shall] paragraph does not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the additional time [such] the vehicle is parked.

      (b) Tow or remove or authorize the towing and removal of any vehicle when such parking facilities are held open for public use and there was no attendant on duty or other facilities permitting the patron to pay or remit the parking charges at the time such vehicle was first parked. this [subsection shall] paragraph does not affect or limit any parking lot operator from charging parking fees in accordance with his posted schedule for the time [such] the vehicle is parked.

      (c) Tow or remove or authorize the towing and removal of any vehicle when the parking facilities are held open to the public and there is a device provided for payment of parking fees but the device does not dispense a ticket or time-dated slip. This paragraph does not apply to parking lots that are owned and operated by a governmental entity.

      2.  Notwithstanding the provisions of subsection 1, [such] a person operating offstreet parking facilities may authorize the towing or removing of, may tow or may remove any vehicle parked where [such] the facilities provided the opportunity to take or purchase a ticket or time slip, and no [such] ticket or time slip was purchased.

      3.  Any person [, firm or corporation] that tows a vehicle without the knowledge of the registered owner thereof shall immediately report [such] the towing by oral communication to the police department of the city or to the sheriff’s office of the county where [such] the towing is done. The oral communication [shall] must include the time of [such] the towing and the location from which and to which the vehicle has been towed.

 

________


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

ê1989 Statutes of Nevada, Page 1055ê

 

CHAPTER 494, SB 501

Senate Bill No. 501–Senator Titus

CHAPTER 494

AN ACT relating to county government; authorizing a county museum, art center or historical society to sell, trade or exchange unwanted museum items; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      Except as otherwise provided by county ordinance, the director of the department designated to operate a county museum, art center or historical society may sell, trade or exchange duplicate or unwanted museum items with any other museum, nonprofit organization or educational institution.

 

________

 

 

CHAPTER 495, SB 115

Senate Bill No. 115–Senators Horn, Coffin, Hickey, Mello, Neal, Shaffer, Titus and Vergiels

CHAPTER 495

AN ACT relating to the state personnel system; requiring that an employee who prepares a report on the performance of an employee who holds a position in the classified service be trained in its proper preparation; requiring the filing of reports on the performance of employees with the director of the department of personnel; authorizing expenditures by the department of personnel; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  An employee whose duties include the supervision of an employee who holds a position in the classified service shall:

      1.  For filing at the times specified in NRS 284.340, prepare reports on the performance of that employee. In preparing a report, he shall meet with the employee to discuss goals and objectives, to evaluate the employee’s improvement in performance and personal development, and to discuss the report.

      2.  Provide the employee with a copy of the report, if requested.

      3.  Transmit the report to the appointing authority.

      Sec. 3.  An employee who is required to prepare a report on the performance of an employee who holds a position in the classified service must, before he prepares a report, have received training in its proper preparation. The training must be:

      1.  Provided within 6 months of the employee’s appointment; and


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

ê1989 Statutes of Nevada, Page 1056 (Chapter 495, SB 115)ê

 

      2.  Provided or approved by the director.

      Sec. 4.  NRS 284.335 is hereby amended to read as follows:

      284.335  1.  The appointing authorities and other supervising officers of the various state departments, agencies and institutions, after consultation with the director, shall establish standards of work performance for each class of positions. Each appointing authority shall provide each of its employees with a copy of the standards for his position.

      2.  The director shall:

      (a) Maintain service records of performance efficiency, character and conduct by a system of service ratings based upon those standards.

      (b) Establish regulations with respect to service ratings, and prescribe the extent to which service ratings must be considered in determining the advisability of transfers, the promotion of an employee to a higher class, the question of demotion or dismissal of any employee, increases and decreases in salary of an employee within the salary range established under this chapter, and in all other decisions relating to the status of employees.

      3.  The director may, by regulation, further prescribe the extent to which the service ratings, and the reports upon which they are based, are open to inspection.

      Sec. 5.  NRS 284.340 is hereby amended to read as follows:

      284.340  Each appointing authority shall [report] :

      1.  Report to the director, in writing, the efficiency of his subordinates and employees, and other information, in such manner as the director may prescribe by regulation.

      2.  File reports with the director on the performance, during the probationary period, of each of his employees who holds a position in the classified service. A report must be filed at the end of the 2nd and 5th months of employment if the probationary period is 6 months, or at the end of the 3rd, 7th and 11th months of employment if the probationary period is 12 months.

      3.  File a report annually with the director on the performance of each of his employees who holds a position in the classified service and has attained permanent status. The report must be filed at the end of the 12th month next following the attainment of permanent status, and at the end of every 12th month thereafter. If the report is not filed within 30 days after the required date, the performance of the employee shall be deemed to be standard.

      4.  If any report he files with the director on the performance of an employee who holds a position in the classified service includes a rating of substandard, file with the director an additional report on the performance of the employee at least every 90 days until the performance improves to standard or until any disciplinary action is taken.

      5.  Provide the employee with a copy of each report filed.

      Sec. 6.  Expenditure by the department of personnel of the following sums not appropriated from the state general fund is hereby authorized during the fiscal years beginning July 1, 1989, and ending June 30, 1990, and beginning July 1, 1990, and ending June 30, 1991:

For the fiscal year 1989-90............................................................................... $56,540

For the fiscal year 1990-91.................................................................................... $619

 

________


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

ê1989 Statutes of Nevada, Page 1057ê

 

CHAPTER 496, SB 165

Senate Bill No. 165–Committee on Taxation

CHAPTER 496

AN ACT relating to property tax assistance for senior citizens; changing the date by which the county tax assessor must give notice to a claimant of the amount of credit he may apply to his property tax; providing that a claim paid which is later denied may be recovered from any real or personal property of the claimant; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.841 is hereby amended to read as follows:

      361.841  1.  The county assessor or the department shall examine each claim, granting or denying it, and if granted, shall determine the credit or refund to which the claimant is entitled.

      2.  Upon examination, if:

      (a) The claim is denied, the county assessor shall notify the claimant by registered or certified mail.

      (b) The claim is granted, the county assessor shall notify the claimant [not later than June 30] within 30 days after the date on which the tax rate of the local government is certified, of the amount of credit which may be applied to his property taxes accrued or the amount of refund he is entitled to receive for rent deemed to constitute accrued property tax.

      3.  If a claim is submitted to the department and:

      (a) The claim is denied, the department shall so notify the claimant by registered or certified mail.

      (b) The claim is granted, the department shall:

             (1) If the claimant’s home is on the secured or unsecured tax roll, notify him [not later than June 30] within 30 days after the date on which the tax rate of the local government is certified, of the amount of credit which may be applied to his property taxes accrued.

             (2) Pay to a home renter [not later than August 15] within 45 days after the date on which the tax rate of the local government is certified, the refund to which he is entitled.

      Sec. 2.  NRS 361.867 is hereby amended to read as follows:

      361.867  The executive director shall deny any claim for assistance to which the claimant is not entitled or any amount in excess of that to which the claimant is entitled. The executive director may deny in total any claim which he finds to have been filed with fraudulent intent. If any such claim has been paid and is afterward denied, the amount of the claim together with a 10 percent penalty [shall] must be repaid by the claimant to the department. If the amount of [such] the refund and penalty is not repaid, the amount [shall] must be assessed against [the property claimed] any real or personal property owned by the claimant . [as a home.]

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

 

________


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

ê1989 Statutes of Nevada, Page 1058ê

 

CHAPTER 497, SB 313

Senate Bill No. 313–Committee on Government Affairs

CHAPTER 497

AN ACT relating to counties; authorizing counties to impose a civil penalty for the violation of certain ordinances instead of a criminal sanction; excluding certain offenses from the administrative assessment for misdemeanors; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      A board of county commissioners may by ordinance provide that the violation of a specific ordinance regulating parking imposes a civil penalty in an amount not to exceed $155, instead of a criminal sanction.

      Sec. 2.  NRS 176.059 is hereby amended to read as follows:

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

 

Fine                                                                                                       Assessment

$5 to $49..................................................................................................................... $10

50 to 59......................................................................................................................... 25

60 to 69......................................................................................................................... 30

70 to 79......................................................................................................................... 35

80 to 89......................................................................................................................... 40

90 to 99......................................................................................................................... 45

100 to 199........................................................................................................................ 55

200 to 299........................................................................................................................ 65

300 to 399........................................................................................................................ 75

400 to 499...................................................................................................................... $85

500 to 1,000................................................................................................................... 100

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

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 268.019 or section 1 of this act.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.

      [3.] 4.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the 5th day of each month for the preceding month.


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

ê1989 Statutes of Nevada, Page 1059 (Chapter 497, SB 313)ê

 

the 5th day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) One dollar and fifty cents to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

      (b) Two dollars and fifty cents for credit to a special account in the municipal general fund for the use of the municipal courts.

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

      [4.] 5.  The money collected for administrative assessments in justices’ courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) One dollar and fifty cents for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders.

      (b) Two dollars and fifty cents for credit to a special account in the county general fund for the use of the justices’ courts.

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

      [5.] 6.  The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.

      [6.] 7.  Of the total amount deposited in the state general fund pursuant to subsections [3 and 4,] 4 and 5, the state controller shall distribute the money received to the following public agencies in the following amounts for each assessment received:

      (a) Six dollars to the office of the court administrator for allocation as follows:

             (1) One dollar for the administration of the courts.

             (2) One dollar for the development of a uniform system for judicial records.

             (3) One dollar for continuing judicial education.

             (4) Three dollars for the supreme court.

      (b) Based upon the availability of money from the assessment and to the extent of legislative authorization, nor more than $1 for the peace officers’ standards and training committee of the department of motor vehicles and public safety for the continuing education of persons whose primary duties are law enforcement.

      (c) The remainder of any amount so deposited must be used to the extent of legislative authorization for the support of:

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

             (2) The activities of the investigation division of the department of motor vehicles and public safety related to law enforcement;

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


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

ê1989 Statutes of Nevada, Page 1060 (Chapter 497, SB 313)ê

 

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

 

________

 

 

CHAPTER 498, SB 406

Senate Bill No. 406–Committee on Government Affairs

CHAPTER 498

AN ACT relating to campaign practices; extending the provisions governing campaign practices and financial disclosure to a committee created to recall a public officer; prohibiting the misrepresentation of the intent or content of a petition for the recall of a public officer; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  “Committee for the recall of a public officer” means an organization which receives contributions, makes contributions to candidates or persons or makes expenditures designed to affect the recall of a public officer.

      Sec. 3.  Each committee for the recall of a public officer shall register with the secretary of state, on a form provided by him. Each form must include:

      1.  The name of the committee;

      2.  The purpose for which it was organized;

      3.  The names and addresses of its officers; and

      4.  If the committee is organized and located outside this state, the name and address of its resident agent.

      Sec. 4.  Each committee for the recall of a public officer which is organized and located outside this state shall appoint and keep in this state a resident agent who must be a natural person residing in this state.

      Sec. 5.  1.  Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than:

      (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each contribution received or made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.

      2.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each contribution received or made by the committee in excess of $500.


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

ê1989 Statutes of Nevada, Page 1061 (Chapter 498, SB 406)ê

 

      3.  Each report of contributions must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each contribution, whether from or to a natural person, association or corporation, in excess of $500, and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor or person to whom the contribution was given and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.

      5.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 6.  1.  Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than:

      (a) Fifteen days before the special election to recall a public officer, for the period from the filing of the notice of intent to circulate the petition for recall up to 20 days before the special election; and

      (b) Thirty days after the election, for the remaining period up to the election,

report each expenditure made by the committee in excess of $500 on a form provided by the secretary of state and signed under the penalty for perjury.

      2.  If a court does not order a special election for the recall of the public officer, the committee for the recall of a public officer shall, not later than 30 days after the court determines that an election will not be held, for the period from the filing of the notice of intent to circulate the petition for recall up to the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500.

      3.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $500 since the beginning of the first reporting period.

      4.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of the mailing shall be deemed the date of filing.

      5.  Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 7.  NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.009, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 294A.070 is hereby amended to read as follows:

      294A.070  The secretary of state shall, within 10 days after receipt of the reports required by NRS 294A.010, 294A.020 and 294A.041, and sections 5 and 6 of this act, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required; [and]


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

ê1989 Statutes of Nevada, Page 1062 (Chapter 498, SB 406)ê

 

      2.  The contributions made to a committee for the recall of a public officer in excess of $500; and

      3.  The expenditures exceeding $500 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) Person or group of persons on behalf of or against a question or group of questions on the ballot.

      (c) Group of persons advocating the election or defeat of a candidate.

      (d) Committee for the recall of a public officer.

      Sec. 9.  NRS 294A.080 is hereby amended to read as follows:

      294A.080  If it appears that the provisions of NRS 294A.010, 294A.020, 294A.035 or 294A.041 , or section 5 or 6 of this act, have been violated:

      1.  The secretary of state shall report the alleged violation to the attorney general; and

      2.  A county or city clerk shall report the alleged violation to the appropriate district attorney,

and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      Sec. 10.  Chapter 306 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not misrepresent the intent or content of a petition for the recall of a public officer which is circulated pursuant to the provisions of this chapter.

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

      Sec. 11.  NRS 306.020 is hereby amended to read as follows:

      306.020  1.  Every public officer in the State of Nevada is subject to recall from office by the registered voters of the state or of the county, district or municipality from which he was elected, as provided in section 9 of article 2 of the constitution of the State of Nevada and this chapter. A public officer who is appointed to an elective office is subject to recall in the same manner as provided for an officer who is elected to that office.

      2.  The petition must, in addition to setting forth the reason why the recall is demanded:

      (a) Contain the residence addresses of the signers and the date that the petition was signed;

      (b) Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      (c) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;

      (d) Include the date that a notice of intent was filed; and

      [(d)] (e) Have the designation: “Signatures of registered voters seeking the recall of ............................. (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.

 

________


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

ê1989 Statutes of Nevada, Page 1063ê

 

CHAPTER 499, SB 410

Senate Bill No. 410–Committee on Judiciary

CHAPTER 499

AN ACT relating to county recorders; increasing the fee charged by a county recorder for a certified copy of a certificate of marriage; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 247.305 is hereby amended to read as follows:

      247.305  1.  Where another statute specifies fees to be charged for services, county recorders shall charge and collect only the fees specified. Otherwise county recorders shall charge and collect the following fees:

 

For recording any document, for the first page..........................................      $5.00

                       For each additional page..........................................................        1.00

For recording each portion of a document which must be separately indexed, after the first indexing.....................................................................................        2.00

For copying any record, for each page........................................................        1.00

For certifying, including certificate and seal, for the first seal..................        2.00

                       For each additional seal...........................................................          .50

For a certified copy of a certificate of marriage.......................................       5.00

 

      2.  [For searching the records of marriages in more than 1 year, a county recorder shall charge and collect $1 for each year searched, but not more than $10 to search for any one marriage.

      3.] Except as otherwise provided in subsection [4,] 3, a county recorder shall not charge or collect any fees for any of the services specified in this section when rendered by him to:

      (a) The county in which his office is located.

      (b) The State of Nevada or any city or town within the county in which his office is located, if the document being recorded:

             (1) Conveys to the state, or to that city or town, an interest in land;

             (2) Is a mortgage or deed of trust upon lands within the county which names the state or that city or town as beneficiary; or

             (3) Imposes a lien in favor of the state or that city or town.

      [4.] 3.  A county recorder shall charge and collect the fees specified in this section for copying of any document at the request of the State of Nevada, and any city or town within the county. For copying, and for his certificate and seal upon the copy, the county recorder must charge the regular fee.

      [5.] 4.  For purposes of this section, “State of Nevada,” “county,” “city” and “town” include any department or agency thereof and any officer thereof in his official capacity.

      [6.] 5.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county recorders shall, on or before the [5th] fifth working day of each month, account for and pay to the county treasurer all such fees collected during the preceding month.


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

ê1989 Statutes of Nevada, Page 1064 (Chapter 499, SB 410)ê

 

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

 

________

 

 

CHAPTER 500, AB 868

Assembly Bill No. 868–Committee on Judiciary

CHAPTER 500

AN ACT relating to installment loans; authorizing the commissioner of financial institutions to exempt certain persons from the provisions governing the making of a loan; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 675 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person may apply to the commissioner for an exemption from the provisions of this chapter governing the making of a loan of money.

      2.  The commissioner may grant the exemption if he finds that:

      (a) The making of the loan would not be detrimental to the financial condition of the lender, borrower or person who is providing the money for the loan;

      (b) The lender, borrower or person who is providing the money for the loan has established a record of sound performance, efficient management, financial responsibility and integrity;

      (c) The making of the loan is likely to increase the availability of capital for a sector of the state economy; and

      (d) The making of the loan is not detrimental to the public interest.

      3.  The commissioner:

      (a) May revoke an exemption unless the loan for which the exemption was granted has been made;

      (b) Shall issue a written statement setting forth the reasons for his decision to grant, deny or revoke an exemption; and

      (c) Shall adopt regulations which provide the application forms to be used to apply for an exemption and the fees to be paid along with the application.

      Sec. 2.  NRS 675.040 is hereby amended to read as follows:

      675.040  This chapter does not apply to [any] :

      1.  A person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage companies, thrift companies [or pawnbrokers.] , pawnbrokers or insurance companies.

      2.  A real estate investment trust as defined in 26 U.S.C. § 856.

      3.  An employee benefit plan as defined in 29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the plan’s trustee.

      4.  An attorney at law rendering services in the performance of his duties as attorney at law if the loan is secured by real property.


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

ê1989 Statutes of Nevada, Page 1065 (Chapter 500, AB 868)ê

 

      5.  A real estate broker rendering services in the performance of his duties as a real estate broker if the loan is secured by real property.

      6.  Except as otherwise provided in this subsection, any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Veteran’s Administration.

      7.  A person who provides money for investment in loans secured by a lien on real property, on his own account.

      8.  A seller of real property who offers credit secured by a mortgage of the property sold.

      Sec. 3.  NRS 675.369 is hereby amended to read as follows:

      675.369  1.  If the account of a borrower on a loan for an indefinite term shows a balance due or if any debits or credits were entered on that account during a billing cycle, the licensee shall furnish to the borrower, within a reasonable time after the end of the billing cycle, a written statement setting forth:

      [1.] (a) The unpaid balance in his account at the beginning of the billing cycle;

      [2.] (b) The date and amount of any loans or advances made on the account [during the billing cycle, including a copy of any drafts, orders for payment or other similar written instruments received from the borrower] during the billing cycle;

      [3.] (c) Any payments or other credits made or received on the account during the billing cycle;

      [4.] (d) The amount of interest and other charges, if any, made on the account during the billing cycle;

      [5.] (e) The amount of the installment due and the date on which that payment must be received; and

      [6.] (f) The total amount remaining unpaid in the account at the end of that billing cycle.

      2.  The licensee shall also, upon written request of the borrower, furnish to the borrower a copy of any draft or order for payment received on the account of the borrower during the billing cycle.

      Sec. 4.  NRS 675.470 is hereby amended to read as follows:

      675.470  [1.] Any person and the several members, officers, directors, agents and employees thereof who [shall] violate or participate in the violation of any provision of NRS 675.060 [shall be] are guilty of a misdemeanor.

      [2.  Any contract of loan in the making or collection of which any act shall have been done which violates NRS 675.060 shall be void, and the lender shall have no right to collect, receive or retain any principal, recompense or charges whatever.]

 

________


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

ê1989 Statutes of Nevada, Page 1066ê

 

CHAPTER 501, SB 473

Senate Bill No. 473–Committee on Transportation

CHAPTER 501

AN ACT relating to taxicabs; authorizing the use of money in the taxicab authority fund to be used to subsidize transportation for the handicapped in taxicabs; authorizing the taxicab authority to set the rate for trip fees; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8825 is hereby amended to read as follows:

      706.8825  1.  All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.

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

      3.  The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated to defray the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.

      4.  The fees received pursuant to subsection 3 of NRS 706.8826, NRS 706.8827, 706.8841, 706.8848 to 706.885, inclusive, are hereby appropriated to defray the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.

      5.  Any balance remaining in the fund does not revert to the state general fund. The administrator may use any balance over $100,000 and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly or handicapped in taxicabs.

      6.  The administrator may establish an account for petty cash not to exceed $1,000 for the support of undercover investigation and, if the account is created, the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.

      Sec. 2.  NRS 706.8826 is hereby amended to read as follows:

      706.8826  1.  The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit with the state treasurer to the credit of the taxicab authority fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.

      2.  For the purpose of calculating the amount due to the state under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.

      3.  Any certificate holder who is subject to an order of allocation by the taxicab authority shall pay to the taxicab authority $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder and a fee set by the taxicab authority that must not exceed 15 cents per trip for each compensable trip of each [such taxicab,] of those taxicabs, which may be added to the meter charge.


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

ê1989 Statutes of Nevada, Page 1067 (Chapter 501, SB 473)ê

 

compensable trip of each [such taxicab,] of those taxicabs, which may be added to the meter charge. The money so received by the taxicab authority must be paid to the state treasurer for deposit in the state treasury to the credit of the taxicab authority fund.

      Sec. 3.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 502, AB 678

Assembly Bill No. 678–Assemblymen Kerns, Nevin, Porter, Regan, Gibbons, Sedway, Spinello, Callister, Bogaert, Chowning, Fay, Marvel, Evans, Wisdom, Swain, Spriggs, Garner, Triggs, McGinness, Arberry, Lambert, Kissam, Adler, Thompson and Myrna Williams

CHAPTER 502

AN ACT relating to interest; prohibiting a title insurer, title agent, escrow agency or escrow agent from charging a fee for certain statements or tax returns regarding payments of interest; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 692A.120 is hereby amended to read as follows:

      692A.120  1.  Each title insurer shall file with the commissioner all rate schedules, schedules of charges and all forms, including:

      (a) Preliminary reports of title.

      (b) Binders for insurance and commitments to insure.

      (c) Letters of indemnity.

      (d) Policies of insurance or guaranty.

      (e) Terms and conditions of insurance coverage or guarantee which relate to title to any interest in property.

      2.  A title insurer need not file:

      (a) Reinsurance contracts and agreements.

      (b) Specific defects in title which may be ascertained from an examination of the risk and excepted in reports, binders, commitments or policies, or any affirmative assurances of the title insurer with respect to those defects, whether given by endorsement or otherwise.

      (c) Specific exceptions from coverage by reason of limitations upon the examination of the risk imposed by the applicant for insurance or through failure of the applicant to provide data requisite to a judgment of insurability.

      3.  Unless the commissioner disapproves a form or schedule within 30 days after it is filed in his office, the form or schedule is approved.

      4.  No form or schedule may be used until it is approved by the commissioner.

      5.  No title insurer or title agent may make or impose any charge for premium, escrow, settlement or closing services when performed in connection with the issue of a title insurance policy except in accordance with the schedule of charges filed with the commissioner as required by this section.


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

ê1989 Statutes of Nevada, Page 1068 (Chapter 502, AB 678)ê

 

      6.  A title insurer or title agent shall not charge a fee for any statement or tax return regarding payments of interest which federal law requires the insurer or agent to furnish and file.

      Sec. 2.  Chapter 645A of NRS is hereby amended by adding thereto a new section to read as follows:

      An escrow agent or agency shall not charge a fee for any statement or tax return regarding payment of interest which federal law requires the agent or agency to furnish and file.

 

________

 

 

CHAPTER 503, AB 313

Assembly Bill No. 313–Assemblymen Callister and Porter

CHAPTER 503

AN ACT relating to loans; requiring lenders to analyze annually impound accounts required for loans secured by real property; requiring the lender to take certain actions based upon the analysis; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 100 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For each loan requiring the deposit of money to an escrow account, loan trust account or other impound account for the payment of taxes, assessments, rental or leasehold payments or fire, hazard or other insurance premiums, the lender shall, at least annually, analyze the account. The analysis of each account must be performed to determine whether sufficient money is contributed to the account on a monthly basis to pay for the projected disbursements from the account. At least 30 days before the effective date of any increased contribution to the account based on the analysis, a statement must be sent to the borrower showing the method of determining the amount of money held in the account, the amount of projected disbursements from the account and the amount of the reserves which may be held in accordance with federal guidelines.

      2.  If, upon completion of the analysis, it is determined that an account is not sufficiently funded to pay from the normal payment the items when due on the account, the lender shall offer the borrower the opportunity to correct the deficiency by making one lump sum payment or by making increased monthly contributions, in an amount required by the lender. The lender shall not declare a default on the account solely because the borrower is unable to pay the amount of the deficiency in one lump sum.

      3.  If, upon completion of the analysis, it is determined that the amount of money held by the lender in the account, together with anticipated future monthly contributions to the account to be credited to the account before the dates items are due on the account, exceed the amount of money required to pay the items when due, the lender shall, at the option of the borrower, either repay the excess promptly to the borrower, apply the excess to the outstanding principal balance or retain the excess in the account.


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ê1989 Statutes of Nevada, Page 1069 (Chapter 503, AB 313)ê

 

principal balance or retain the excess in the account. If any payment on the loan is delinquent at the time of the analysis, the lender shall retain any excess money in the account and apply the money in the account toward payment of the delinquency.

      4.  As used in this section:

      (a) “Borrower” means any person who receives a loan secured by real property and who is required to make advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

      (b) “Lender” means any person who makes loans secured by real property and who requires advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

 

________

 

 

CHAPTER 504, AB 784

Assembly Bill No. 784–Assemblymen Bergevin, Price, Bogaert, Gibbons, Chowning, Carpenter and Banner

CHAPTER 504

AN ACT relating to the collection of money on behalf of the state; providing uniformity in the forms of security required to be posted to ensure the performance of persons who collect money on behalf of the state; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 365.220 is hereby amended to read as follows:

      365.220  The provisions of this chapter requiring the payment of excise taxes do not apply to any of the following:

      1.  Motor vehicle fuel so long as it remains in interstate or foreign commerce.

      2.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft exported from this state by a dealer.

      3.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft sold to the United States Government for official use of the United States Armed Forces.

      4.  Motor vehicle fuel or fuel for jet or turbine-powered aircraft distributed, or delivered on the order of the owner, to a dealer who has furnished [bond and] security in the amount prescribed in NRS 365.290 and who has established to the satisfaction of the department that the [bond is sufficient security to assure] security is sufficient to ensure payment of all excise taxes as they may become due to the state from him under this chapter. Every dealer who claims an exemption shall report the distributions to the department in such detail as the department may require; otherwise, the exemption granted in this subsection is void and all fuel is considered distributed in this state subject fully to the provisions of this chapter.

      Sec. 2.  NRS 365.290 is hereby amended to read as follows:

      365.290  1.  Before granting any license the department shall require the applicant to file with the department a bond executed by the applicant as principal , and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.


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ê1989 Statutes of Nevada, Page 1070 (Chapter 504, AB 784)ê

 

principal , and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.

      2.  The total amount of the bond or bonds required of any dealer must be fixed by the department at twice the estimated maximum monthly tax, determined in such a manner as the department deems proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter, except that the total amount of the bond or bonds of any dealer may never be less than $1,000 nor more than $50,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required must be rounded off to the next larger integral multiple of $100, within the same upper limit.

      3.  No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license affects the validity of any bond.

      4.  In lieu of any bond or bonds, a dealer may deposit with the department, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or [bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the department as provided in subsection 2.] any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department.

      Sec. 3.  NRS 366.550 is hereby amended to read as follows:

      366.550  1.  An applicant for or holder of a special fuel dealer’s license shall provide a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The amount of the bond must be twice the:

      (a) Average quarterly taxes, penalties and interest due the State of Nevada during the preceding calendar year; or

      (b) Estimated taxes payable for the first full calendar quarter of operation in this state,

determined by the department in such manner as it deems proper, and may be accordingly increased or reduced by the department at any time subject to the limitations prescribed in this chapter. The total amount of the bond or bonds of any holder of a special fuel dealer’s license must not be less than $1,000 or more than $25,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.

      2.  No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealer’s license affects the validity of any bond.


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ê1989 Statutes of Nevada, Page 1071 (Chapter 504, AB 784)ê

 

      3.  In lieu of a bond or bonds an applicant for or holder of a special fuel dealer’s license may deposit with the state treasurer, under such terms as the department may prescribe [:

      (a) A] , a like amount of lawful money of the United States or [bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this] any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department. [Interest earned on this amount accrues to the account of the applicant for or holder of the special fuel dealer’s license.]

      4.  If the holder of a special fuel dealer’s license is required to provide a bond of more than $5,000, the department may reduce the requirements for the bond to not less than $5,000 upon the dealer’s faithful performance of all the requirements of this chapter and the punctual payment of all taxes due the State of Nevada for the 3 preceding calendar years.

      5.  The department shall immediately reinstate the original requirements for a bond for a holder of a special fuel dealer’s license upon his:

      (a) Lack of faithful performance of the requirements of this chapter; or

      (b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.

      Sec. 4.  NRS 369.350 is hereby amended to read as follows:

      369.350  1.  Each licensed importer shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada , and conditioned [for] upon the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond [shall] must be in a principal sum equal to the greatest excise tax paid by the importer 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 [shall] may a bond be for an amount less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount required [shall] must be rounded off to the next larger integral multiple of $100.

      2.  [The bond or undertaking shall be acceptable to and approved by the department, and deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The department shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.] In lieu of a bond a licensed importer may deposit with the department, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department. The department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.


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ê1989 Statutes of Nevada, Page 1072 (Chapter 504, AB 784)ê

 

bonds of the United States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.

      3.  Notwithstanding any other provision of this section, 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 importations made by the importer.

      4.  Notwithstanding any other provision of this section, the department may waive the requirement of a bond pursuant to this section whenever a licensed importer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years.

      Sec. 5.  NRS 370.155 is hereby amended to read as follows:

      370.155  1.  Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned [for] upon the payment of all excise taxes required to be precollected by him under the provisions of this chapter. Each bond [shall] must be in a principal sum equal to the largest amount of tax precollected by the wholesale cigarette dealer in any quarter of the preceding year, or if the information to establish that amount is not available, then in a sum required from a licensee operating under conditions deemed comparable by the department. No bond may be for less than $1,000. When cash or a savings certificate, certificate of deposit or investment certificate is used, the amount [shall] must be rounded up to the next larger integral multiple of $100.

      2.  [The bond or undertaking shall be acceptable to and approved by the department, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The department shall deposit all United States Government bonds and cash deposits with the state treasurer.] In lieu of a bond a licensed wholesale cigarette dealer may deposit with the department, under such terms as the department may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the department. The department shall deposit all cash and bonds of the United States or of the State of Nevada received pursuant to this subsection with the state treasurer as custodian.

      3.  Upon application and a satisfactory showing, the department may increase or decrease the amount of the required bond, based on the amount of excise tax precollected by the wholesale cigarette dealer.

      4.  The department may waive the requirement of a bond whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes for a period of 5 consecutive years.

      Sec. 6.  NRS 100.065 is hereby amended to read as follows:

      100.065  [A certificate of deposit or investment certificate issued by a bank, savings bank or savings and loan association in Nevada may be substituted for]

      1.  In lieu of any cash payment or surety bond required as protection for the State of Nevada [. Such certificate shall] , the person required to provide the cash payment or surety bond may deposit with the state treasurer, unless a different custodian is named by specific statute:

 


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ê1989 Statutes of Nevada, Page 1073 (Chapter 504, AB 784)ê

 

the cash payment or surety bond may deposit with the state treasurer, unless a different custodian is named by specific statute:

      (a) Bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required cash payment or surety bond;

      (b) A letter of credit from a bank, savings bank or savings and loan association situated in Nevada, which meets the requirements set for that purpose by the state treasurer; or

      (c) A savings certificate, certificate of deposit or investment certificate of a bank, savings bank or savings and loan association situated in Nevada, which must indicate an account of an amount [payable at least equal to] not less than the amount of the required cash payment or surety bond and [shall state that such] , except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct [and sole] order of the state treasurer. [Interest]

      2.  Whenever a savings certificate, certificate of deposit or investment certificate is deposited as provided in this section, interest earned on the [deposit shall accrue] certificate accrues to the account of the depositor.

      Sec. 7.  NRS 463.225 is hereby amended to read as follows:

      463.225  1.  If satisfied that an applicant is eligible to receive a state gaming, manufacturing, selling, distributing or pari-mutuel wagering license, and upon tender of [all] :

      (a) All license fees and taxes as required by law and regulation of the commission ; and [such bond as the commission may require for]

      (b) A bond executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of license fees and taxes and the faithful performance of all requirements imposed by law or regulation or the conditions of the license,

the commission shall issue and deliver to the applicant a license entitling him to engage in the gaming, manufacturing, selling, distributing or pari-mutuel wagering operation for which he is licensed. The commission shall prepare and maintain a written record of the specific terms and conditions of any license issued and delivered and of any modification to the license. A duplicate of the record must be delivered to the applicant or licensee.

      2.  The commission shall fix the amount of the bond to be required under subsection 1 at no more than the total amount of license fees and taxes estimated to become due from the licensee before his full compliance with the requirements of subsection 3 of NRS 463.370. The bond so furnished may be applied by the commission to the payment of any unpaid liability of the licensee under this chapter. [The bond must be furnished in cash or negotiable securities. If furnished]

      3.  In lieu of a bond an applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commission.

      4.  If the requirement for a bond is satisfied in:


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ê1989 Statutes of Nevada, Page 1074 (Chapter 504, AB 784)ê

 

      (a) Cash, the commission shall deposit the money in the state treasury for credit to the fund for bonds of state gaming licensees which is hereby created as an agency fund.

      (b) [Negotiable securities, the principal] Any other authorized manner, the security must be placed without restriction at the disposal of the commission, but any income must inure to the benefit of the licensee.

      Sec. 8.  NRS 466.1045 is hereby amended to read as follows:

      466.1045  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 executed by the licensee as principal, and by a corporation qualified under the laws of this state as surety, 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] , and conditioned upon the payment of all money due to the state, the payment of purses to the participants, and the payment of the employees of the licensee. The bond must be in such an amount as the commission deems necessary, not to exceed $50,000. In lieu of a bond, the licensee may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the commission. After the race meet the posted cash , [or] bond or other security 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. 9.  NRS 467.080 is hereby amended to read as follows:

      467.080  1.  The commission may issue and revoke licenses to conduct, hold or give contests or exhibitions of unarmed combat where an admission fee is received under such terms and in accordance with such provisions as the commission may prescribe.

      2.  Any application for such a license must be in writing and correctly show and define the applicant. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale.

      3.  Before any license is granted, the applicant must file a bond in an amount fixed by the commission but not less than $2,000, [with good and sufficient surety,] executed by the applicant as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned [for] upon the faithful performance by the applicant of the provisions of this chapter. In lieu of a bond, the applicant may deposit with the commission a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the commission. All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commission’s agency fund, which is hereby created.

      4.  If the commission believes [this] the requirement for a bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission.


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ê1989 Statutes of Nevada, Page 1075 (Chapter 504, AB 784)ê

 

in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.

      5.  Subsections 3 and 4 do not apply to amateur athletic clubs.

      Sec. 10.  NRS 481.051 is hereby amended to read as follows:

      481.051  1.  As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall not follow other gainful employment or occupation.

      2.  The director may organize the department into various divisions [and] , alter the organization and reassign responsibilities and duties as he deems appropriate.

      3.  The director shall:

      (a) Formulate the policy of the department and the various divisions thereof.

      (b) Coordinate the activities of the various divisions of the department.

      (c) Adopt such regulations consistent with law as he deems necessary for the operation of the department and the enforcement of all laws administered by the department.

      4.  The director may appoint vendors to serve as agents of the department to sell temporary licenses. The vendor shall collect the tax, fees and licenses provided for in chapter 706 of NRS, and pay them to the department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000 [to the state.] , executed by the vendor as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the state treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the director. The director may appoint inspectors of the public service commission of Nevada and personnel of the Nevada highway patrol to serve without remuneration as vendors for the purposes of this subsection.

      5.  The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.

      6.  The director has the powers of a peace officer.

      Sec. 11.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall adopt regulations regarding the number of license agents to be designated in any locality, the standards to be met by license agents, the manner of remitting money to the department, and the manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned. A license agent’s authority may be revoked or suspended by the department for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.


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ê1989 Statutes of Nevada, Page 1076 (Chapter 504, AB 784)ê

 

      2.  A license agent designated by the department is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.

      3.  [License agents] A license agent shall furnish a bond to the department for the proper performance of [their] his duties , executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such [amounts as may be] an amount as is determined by the commission. In lieu of a bond, the license agent may deposit with the department a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the department. Premiums for the bonds must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.

      4.  A license agent is responsible to the department for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the department for deposit in accordance with NRS 501.356 of all money collected. The department shall furnish to the license agent receipts for all money which he remits to the department. A license agent shall furnish a receipt to the department of all licenses, tags, stamps or permits which he receives from the department.

      5.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:

      (a) Twenty-five cents for each license, tag or permit; and

      (b) Ten cents for each stamp or similar document issued which does not require completion by the agent.

      6.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

      7.  All money collected by a license agent, except service fees collected pursuant to subsection 5, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

      Sec. 12.  NRS 612.670 is hereby amended to read as follows:

      612.670  1.  At any time within 15 days after the mailing of the notice of assessment, the employer affected thereby may file a verified petition with the executive director praying for readjustment of the assessment so levied. At the time of filing [such] the petition the employer upon whom an assessment is levied shall deposit [such security or bond as the executive director may deem necessary to assure a] a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon his compliance with the provisions of this chapter.


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ê1989 Statutes of Nevada, Page 1077 (Chapter 504, AB 784)ê

 

this chapter. The amount of the bond must be determined by the executive director in such a manner as he deems proper. In lieu of a bond, the employer may deposit with the executive director a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the executive director.

      2.  The petition may request a hearing before the executive director and [shall] must specify the objections to the assessment.

      3.  The executive director may by regulation prescribe the manner in which petitions for modification [shall be determined, but such regulations shall] are determined. The regulations must guarantee to the employer a fair hearing on the question of his liability for contributions.

      4.  If, at any time within 1 year following the date of mailing of a notice of assessment, it [shall appear] appears to the satisfaction of the executive director that any assessment is unreasonable or unjust, or not in conformity with the facts, he [shall have authority to modify such] may modify the assessment to conform to the facts, as of the date of the original assessment.

      5.  The order or decision of the executive director modifying an assessment [shall be] is final, and the sum therein specified [shall become due and] becomes payable 10 days after the date of mailing notice of [such] the order or decision to the employer.

      Sec. 13.  NRS 612.675 is hereby amended to read as follows:

      612.675  1.  Whenever the executive director finds that the collection of any contribution computed under the provisions of law will be jeopardized by delay, he may immediately assess [such] the contribution together with all forfeit and interest which may have accrued, whether or not the final date otherwise prescribed for making [such] the contribution has arrived. [Such contribution shall thereupon become] Upon assessment, the contribution is immediately due, [and such] the contributions together with all forfeit and interest which may have accrued [shall thereupon become] are immediately payable, and notice of demand for payment [shall] must be made upon the employer for the payment thereof. Upon failure or refusal to pay [such] the assessed contribution, forfeit and interest, collection thereof may be enforced according to the provisions of law applicable to the collection of unpaid contributions.

      2.  When a jeopardy assessment has been made as provided in subsection 1, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the executive director [in an amount equal to the amount of assessment. Such bond shall be] which is executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned on the payment of the contribution at the proper time . [and be executed by sureties satisfactory to the executive director, or a cash deposit may be accepted in lieu of such bond.] The amount of [deposit so required shall be] the required security must be equal to the amount of the assessment, rounded off to the next larger integral multiple of $100.


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ê1989 Statutes of Nevada, Page 1078 (Chapter 504, AB 784)ê

 

      3.  In lieu of a bond, the employer may deposit with the executive director a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the executive director.

      Sec. 14.  NRS 616.291 is hereby amended to read as follows:

      616.291  1.  An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.

      2.  A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner [money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit] a bond executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to employees. The bond must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective experience of the employer with losses and expenses within this state, to the hazard of catastrophic loss, to other contingencies, and to trends within the state. In arriving at the amount of the deposit required, the commissioner may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and his probable continuity of operation. [The deposit must be held by the commissioner to secure the payment of compensation for injuries and occupational diseases to employees.]

      3.  In lieu of a bond the employer may deposit with the commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the commissioner.

      4.  The required deposit may be increased or decreased by the commissioner in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an employer to increase his deposit, the commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 30 days after receiving notice from the commissioner.

      [3.] 5.  The commissioner shall require the self-insured employer to submit evidence of excess insurance to provide protection against a catastrophic loss. The excess insurance must be written by an insurer authorized to do business in this state. The commissioner shall consider the excess insurance coverage as a basis for a reduction in the deposit required of an employer.


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

ê1989 Statutes of Nevada, Page 1079 (Chapter 504, AB 784)ê

 

      [4.] 6.  The fund for self-insured employers is hereby created as an agency fund. All money received by the commissioner pursuant to this section must be deposited with the state treasurer to the credit of the fund for self-insured employers. All claims against this fund must be paid as other claims against the state are paid.

      Sec. 15.  NRS 616.395 is hereby amended to read as follows:

      616.395  1.  Except for a self-insured employer, every employer [,] within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities [,] and school districts, shall [pay to the state insurance fund, premiums in the form of an advance deposit as fixed by order of the manager.] provide the system with a bond executed by the employer as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the proper payment of premiums. All premium rates in effect on July 1, 1947, must be continued in full force until changed as provided by law.

      2.  Every employer within or electing to be governed by the provisions of this chapter who enters into business or resumes operations shall, before commencing or resuming operations, notify the manager of [such] that fact, accompanying the notification with an estimate of his monthly payroll, and pay the premium on the payroll for the first 2 months of operations.

      3.  The [system may accept as a substitute for payment of premiums either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, must be determined by the manager but must not be of a value less than the amount of cash required by this section.

      4.  The system shall accept as a substitute for cash payment of premiums as required in this section a savings certificate or a time deposit certificate issued by a bank or savings and loan association in Nevada, which indicates an amount at least equal to, but must not be required to be more than, the next integral multiple of $100 above the cash which would otherwise be required by this section and must state that such] amount of the bond required by this section must be determined by the manager in such a manner as he deems proper.

      4.  In lieu of a bond the employer may deposit with the system, under such terms as the manager may prescribe, a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the required amount must be rounded up to the next larger integral multiple of $100, and the certificate must state that the amount is unavailable for withdrawal except by direct and sole order of the manager. [Interest earned on the deposit accrues to the account of the employer.]

      5.  All money received by the system pursuant to this section must be deposited with the state treasurer to the credit of the state insurance fund.

      Sec. 16.  NRS 706.301 is hereby amended to read as follows:

      706.301  1.  An applicant for or holder of a license, provided for in NRS 706.516, 706.521 and 706.526, shall provide a bond executed by him as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada.


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

ê1989 Statutes of Nevada, Page 1080 (Chapter 504, AB 784)ê

 

all fees, penalties and interest due to the State of Nevada. The total amount of the bond must be twice the:

      (a) Average quarterly taxes, fees, penalties and interest due the State of Nevada during the preceding calendar year; or

      (b) Estimated taxes and fees payable for the first full calendar quarter of operation in this state,

determined in such manner as the department finds appropriate, and may be accordingly increased or reduced by the department at any time subject to the limitations of this chapter. The total amount of the bond or bonds of any holder of a license must not be less than $1,000 or more than $25,000. The amount so fixed must be rounded off to the next larger integral multiple of $100.

      2.  No recovery on any bond, the execution of any new bond or the suspension or revocation of any license affects the validity of any bond.

      3.  In lieu of a bond or bonds an applicant for or holder of any license may deposit with the state treasurer, under such terms as the department may prescribe [:

      (a) A] , a like amount of lawful money of the United States [, or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate issued by a bank or savings and loan association in Nevada, which certificate must indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and] or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except by direct and sole order of the department. [Interest earned on the deposit must accrue to the account of the applicant for or holder of the license and not the department.]

      4.  The department may reduce the requirements for a bond to not less than $1,000 for the holder of a license upon his faithful performance of all the requirements of this chapter and the punctual payment of all taxes and fees due the State of Nevada for the 3 preceding calendar years.

      5.  The department shall immediately reinstate the original requirements for a bond for a holder of a license upon his:

      (a) Lack of faithful performance of the requirements of this chapter; or

      (b) Failure to pay punctually all taxes, fees, penalties and interest due the State of Nevada.

 

________


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

ê1989 Statutes of Nevada, Page 1081ê

 

CHAPTER 505, AB 828

Assembly Bill No. 828–Assemblyman Carpenter

CHAPTER 505

AN ACT relating to property; extending certain provisions concerning unlawful detainer and rental agreements to tenants of certain lots for recreational vehicles; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 40.215 is hereby amended to read as follows:

      40.215  As used in NRS 40.220 to 40.420, inclusive, unless the context requires otherwise:

      1.  “Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a dwelling or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.

      2.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

      3.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” or “park” does not include those areas or tracts of land, whether within or outside of a park, where the lots are held out for rent on a nightly basis.

      4.  “Premises” includes a mobile home.

      5.  “Recreational vehicle” means a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon or drawn by a motor vehicle.

      6.  “Recreational vehicle lot” means a portion of land within a recreational vehicle park, or a portion of land so designated within a mobile home park, which is rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

      7.  “Recreational vehicle park” means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.

      Sec. 2.  NRS 40.251 is hereby amended to read as follows:

      40.251  A tenant of real property , a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

      1.  Real property, except as otherwise provided in [subsection 2 or 3,] this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

      (a) For tenancies from week to week, at least 7 days;

      (b) For all other periodic tenancies, at least 30 days; or

      (c) For tenancies at will, at least 5 days.


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

ê1989 Statutes of Nevada, Page 1082 (Chapter 505, AB 828)ê

 

      2.  A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

      (a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or

      (b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.

      3.  A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118B.190 and the period of the notice has expired.

      4.  A recreational vehicle lot, he continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

      Sec. 3.  NRS 40.253 is hereby amended to read as follows:

      40.253  1.  Except as otherwise provided in subsection 6, in addition to the remedy provided in NRS 40.2512 and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home , recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service. The notice must advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace that he has tendered payment or is not in default in the payment of the rent. If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      2.  Upon noncompliance with the notice:

      (a) The landlord or his agent may apply by affidavit to the justice of the peace of the township [wherein] in which the dwelling, apartment, mobile home or commercial premises are located. The justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

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

             (4) The date the rental payments became delinquent.

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

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


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

ê1989 Statutes of Nevada, Page 1083 (Chapter 505, AB 828)ê

 

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

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

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

      (b) Except where the tenant has timely filed the affidavit described in subsection 1 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      3.  Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the justice of the peace may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the justice of the peace determines that there is a legal defense as to the alleged unlawful detainer, he shall refuse to grant either party any relief, and shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled.

      4.  The tenant may, upon payment of the appropriate fees required by chapter 4 of NRS relating to the filing and service of a motion, file a motion with the justice of the peace, on a form provided by the clerk of the justice’s court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

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

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

whichever is later.

      5.  Upon the filing of a motion pursuant to subsection 4, the justice of the peace shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The justice of the peace shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing the justice of the peace may:

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

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

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


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

ê1989 Statutes of Nevada, Page 1084 (Chapter 505, AB 828)ê

 

recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.

      Sec. 4.  NRS 40.254 is hereby amended to read as follows:

      40.254  [In] Except as otherwise provided by specific statute, in addition to the remedy provided in NRS 40.251 and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit subject to the provisions of chapter 118A of NRS , [or of] a mobile home or a recreational vehicle is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:

      1.  Written notice to surrender the premises must:

      (a) Be given to the tenant in accordance with the provisions of NRS 40.280; and

      (b) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the justice of the peace that he is not guilty of an unlawful detainer.

      2.  The affidavit of the landlord or his agent submitted to the justice of the peace must contain:

      (a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.

      (b) The date when the tenancy or rental agreement allegedly terminated.

      (c) The date when the tenant became subject to the provisions of NRS 40.251 to 40.2516, inclusive, together with any supporting facts.

      (d) The date the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.

      (e) A statement that the claim for relief was authorized by law.

      Sec. 5.  NRS 118B.190 is hereby amended to read as follows:

      118B.190  1.  An oral or written agreement between a landlord and tenant for the rental or lease of a mobile home lot in a mobile home park in this state , or for the rental or lease of a lot for a recreational vehicle in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.

      (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

      (c) Ninety days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.

      (d) Forty-five days in advance if the termination is for any other reason.

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity under this subsection.

      3.  The service of such a notice does not enhance the landlord’s right, if any, to enter the tenant’s mobile home. Except in an emergency, the landlord shall not enter the mobile home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.


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

ê1989 Statutes of Nevada, Page 1085 (Chapter 505, AB 828)ê

 

shall not enter the mobile home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.

      4.  If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenant’s continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

      5.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.

 

________

 

 

CHAPTER 506, AB 832

Assembly Bill No. 832–Committee on Taxation

CHAPTER 506

AN ACT relating to the apportionment of proceeds from taxes; revising the scope of and time for the estimation and certification of population; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.283 is hereby amended to read as follows:

      360.283  1.  The department shall adopt regulations to establish a method of determining annually the population of each [county, city and unincorporated town] city and county in this state and [, on or before October 1 of each year,] estimate the population of each [county, city and town] city and county pursuant to those regulations.

      2.  On or before October 30 of each year, the department shall issue a report of the estimated population of each [county, city and unincorporated town] city and county in this state.

      3.  Any [county, city or unincorporated town] city or county in this state may, on or before December 14 of each year, petition the department to revise the estimated population of that [county, city or town] city or county. The department shall by regulation establish a procedure to review each petition and to appeal the decision on review.

      4.  The department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each [county, city and unincorporated town] city and county in this state, and submit its determination to the governor.

      5.  The department shall employ a demographer to assist in the determination of population pursuant to this section and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this state.


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

ê1989 Statutes of Nevada, Page 1086 (Chapter 506, AB 832)ê

 

      Sec. 2.  NRS 360.285 is hereby amended to read as follows:

      360.285  1.  For the purposes of this Title, the governor shall, on or before [January] February 1 of each year, certify the population of each [county, city and unincorporated town] city and county in this state from the determination submitted to him in the preceding year by the department.

      2.  Where any tax is collected by the department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the department shall use the populations certified by the governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before that date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.

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

 

________

 

 

CHAPTER 507, AB 827

Assembly Bill No. 827–Committee on Natural Resources, Agriculture and Mining

CHAPTER 507

AN ACT relating to animals; requiring the state department of agriculture to coordinate its efforts with the department of wildlife to control communicable diseases in livestock and wildlife; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 571.120 is hereby amended to read as follows:

      571.120  1.  The department shall do all things necessary for the control and eradication of infectious, contagious or parasitic diseases of livestock.

      2.  The director of the division of animal industry of the department shall cooperate with the director of the department of wildlife in a program to prevent the spread of communicable diseases in livestock and wildlife in this state.

      3.  As used in this section, “wildlife” has the meaning ascribed to it in NRS 501.097.

      Sec. 2.  Chapter 501 of NRS is hereby amended by adding thereto a new section to read as follows:

      The director shall require the personnel of the department to report to him as soon as practicable any reasonable suspicion that a communicable disease may be present in wildlife in Nevada. The director shall, as soon as possible, inform the director of the division of animal industry of the state department of agriculture of any reasonable suspicion so reported to him. Any sample collected by the personnel of the department in evaluating such a suspicion must be forwarded to the director of the division of animal industry of the state department of agriculture as soon as practicable.


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

ê1989 Statutes of Nevada, Page 1087 (Chapter 507, AB 827)ê

 

must be forwarded to the director of the division of animal industry of the state department of agriculture as soon as practicable.

 

________

 

 

CHAPTER 508, AB 666

Assembly Bill No. 666–Assemblymen Gibbons, Kerns, Marvel, Chowning, Regan, McGinness, Swain, Jeffrey, Diamond, Thompson, Bogaert, Nevin, Callister, Banner, Myrna Williams, Price, Schofield, McGaughey, Garner, Kissam, Wendell Williams, Bergevin, Lambert, Brookman, Wisdom and Spinello

CHAPTER 508

AN ACT relating to county fire protection districts; authorizing the board of directors of a county fire protection district to adopt and enforce regulations concerning fire prevention; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 474.160 is hereby amended to read as follows:

      474.160  The board of directors [shall have the power to and it] shall:

      1.  Manage and conduct the business and affairs of the district.

      2.  Make and enforce all rules and regulations necessary for the administration and government of the district and for the furnishing of fire protection thereto [.] , which may include regulations relating to fire prevention. The regulations may include provisions that are designed to protect life and property from:

      (a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

      (b) Hazardous conditions relating to the use or occupancy of any premises. Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning such substances, materials or devices that is required by the Federal Government and has been adopted by a board of county commissioners.

      3.  Make and execute in the name of the district all necessary contracts.

      4.  Adopt a seal for the district to be used in the attestation of proper documents.

      5.  Provide for the payment from the proper fund of all the debts and just claims against the district.

      6.  Employ agents and employees for the district sufficient to maintain and operate the property acquired for the purposes of the district.

      7.  Acquire real or personal property necessary for the purposes of the district [, and to dispose of the same] and dispose of that property when no longer needed.

      8.  Construct any necessary structures.


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

ê1989 Statutes of Nevada, Page 1088 (Chapter 508, AB 666)ê

 

      9.  Acquire, hold and possess, either by donation or purchase, in the name and on behalf of the district any land or other property necessary for the purpose of the district.

      10.  Eliminate and remove fire hazards within the district wherever practicable and possible, whether on private or public premises, and to that end the board may clear the public highways and, where permitted, private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      11.  Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.010 to 474.450, inclusive.

 

________

 

 

CHAPTER 509, AB 647

Assembly Bill No. 647–Committee on Commerce

CHAPTER 509

AN ACT relating to cemeteries; increasing the deposits required for spaces, markers and monuments in endowment care cemeteries; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 452.120 is hereby amended to read as follows:

      452.120  1.  An “endowment care cemetery” is one which [shall hereafter] must have deposited in its endowment care fund no later than 30 days following the end of the month in which the final payment is received for the sale of a grave, lawn crypt space, niche or mausoleum crypt not less than the following amounts for [plots] interment spaces and memorial markers and monuments sold or disposed of:

      (a) [$1 a] Five dollars per square foot for each grave [.

      (b) $10] space.

      (b) Five dollars per square foot for each lawn crypt space.

      (c) Forty dollars for each single niche in a columbarium or mausoleum.

      [(c) $40] (d) One hundred twenty-five dollars for each single adult mausoleum crypt.

      [(d) $40] (e) One hundred twenty-five dollars for the first adult crypt of a tandem companion mausoleum crypt.

      [(e) $20] (f) One hundred dollars for each additional crypt of a tandem companion mausoleum crypt.

      [(f) $20] (g) Sixty dollars for each mausoleum crypt which is less than one-half the size of an adult crypt as measured in cubic feet.

      [(g)] (h) A sum equal to [15] 20 percent of the cost of each privately built mausoleum crypt.

      [(h) $1] (i) Ten dollars per square foot for each [space or lawn crypt space.] lawn space niche.

      (j) Twelve cents per square inch of top surface face for each memorial marker and for each foundation for an upright monument.


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

ê1989 Statutes of Nevada, Page 1089 (Chapter 509, AB 647)ê

 

      (k) Twelve cents per square inch of top surface face for each memorial lawn niche marker.

      2.  The deposits required by subsection 1 [shall] must be made not later than 30 days after the end of the month in which the final payment for any grave, lawn crypt space, niche or crypt is made.

 

________

 

 

CHAPTER 510, AB 614

Assembly Bill No. 614–Committee on Education

CHAPTER 510

AN ACT relating to education; allowing under certain circumstances a high school pupil to substitute credit for a course taken at a community college or university for a course required for high school graduation; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A pupil enrolled in high school who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to substitute credit for the course so completed for a course required for graduation from high school.

      2.  With the approval of the state board, the board of trustees of each county school district shall prescribe the courses for which credits may be substituted pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.

      3.  For the purposes of this section, the state board shall not approve the inclusion of a course instructed by a person who does not meet the qualifications required for a license to teach secondary education or their equivalent as determined by the commission on professional standards in education.

 

________


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

ê1989 Statutes of Nevada, Page 1090ê

 

CHAPTER 511, AB 371

Assembly Bill No. 371–Committee on Ways and Means

CHAPTER 511

AN ACT making an appropriation to the division of state lands of the state department of conservation and natural resources for appraisals of two parcels of property; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources the sum of $12,000 for appraisals of the following two parcels of property:

      1.  The parcel of school grant land known as the Bradley Building Complex and more particularly described as follows:

 

       The W1/2 of the SE1/4 of the SE1/4 of the SW1/4, the N1/2 of the SE1/4 of the SW1/4, the N1/2 of the SW1/4 of the SE1/4 of the SW1/4, and the SW1/4 of the SW1/4 of the SE1/4 of the SW1/4, of Section 1, T. 21 S., R. 61E, M.D.B. & M., containing an area of 32.50 acres, more or less.

 

      2.  The parcel of school grant land known as the Las Vegas Mental Health Complex and more particularly described as follows:

 

       Lots 29, 30, 31, 32, 40, 41, 42 and the SE1/4 of the NE1/4 of Section 2, T. 21 S., R. 60 E., M.D.B. & M., containing 80.00 acres, more or less.

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1990, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________


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

ê1989 Statutes of Nevada, Page 1091ê

 

CHAPTER 512, AB 294

Assembly Bill No. 294–Assemblymen Arberry, Wendell Williams, Porter, Callister and Gaston

CHAPTER 512

AN ACT making an appropriation to the Clark County Bar Association and Washoe County Bar Association for costs related to their programs to provide pro bono legal services; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the Clark County Bar Association and Washoe County Bar Association the sum of $50,000 for costs related to their respective programs to provide pro bono legal services to be divided as follows:

      1.  For the Clark County Bar Association ........................................................ $25,000

      2.  For the Washoe County Bar Association................................................... $25,000

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 513, AB 87

Assembly Bill No. 87–Committee on Government Affairs

CHAPTER 513

AN ACT relating to public employees’ retirement; revising the provisions governing the calculation of monthly service retirement allowances of certain public employees; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature declares that:

      1.  Since 1950, Nevada has had the highest percentage of growth among the 50 states.

      2.  Because Nevada is a rapidly growing state it requires exceptional dedication from its legislators to serve the needs of a growing population of over 1,000,000 and to ensure the timely development of an adequate economic framework to meet the requirements of that growth.

      3.  The philosophy and practice of the “citizen-legislator,” who spends a few months every 2 years in service to the state, provides a unique and valuable contribution to the creation and application of new laws.


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

ê1989 Statutes of Nevada, Page 1092 (Chapter 513, AB 87)ê

 

      4.  Our state must have an active and efficient legislature to promote and assist economic growth so that Nevada can develop its potential to become a strong, versatile force in the international marketplace.

      5.  The State of Nevada has a legitimate state interest in eliminating any impediments to legislative service so that citizens from all walks of life are encouraged to serve as legislators.

      6.  Under the existing law, service in the Nevada Legislature by a public employee results in breaks in service and partial months of compensation which reduce the amount of benefits he will receive from the public employees’ retirement system upon retirement.

      7.  This reduction in retirement benefits is an impediment to service in the legislature by a public employee.

      Sec. 2.  NRS 286.551 is hereby amended to read as follows:

      286.551  1.  A monthly service retirement allowance must be determined by multiplying a member’s average compensation by 2.5 percent for each year of service, until he becomes eligible to retire, except that:

      (a) If a member who is a police officer or fireman completes 30 years of service before he reaches the age of 50 years, his eligibility for service credit ceases at the age of 50 years.

      (b) If any other member completes 30 years of service before he reaches the age of 55 years, his eligibility for service credit ceases at the age of 55 years.

      (c) The maximum allowance under paragraph (a) or (b) is 90 percent of average compensation.

      (d) A member who:

             (1) Retired on or after July 1, 1977; or

             (2) Is an active member whose effective date of membership is before July 1, 1985,

and who has 36 years of service is entitled to a benefit of up to 90 percent of his average compensation.

      (e) A member:

             (1) Who retired before July 1, 1977; or

             (2) Whose effective date of membership is after July 1, 1985, and who has 30 years of service,

is entitled to a benefit of up to 75 percent of his average compensation.

      2.  For the purposes of this section , except as otherwise provided in subsection 3, “average compensation” means the average of a member’s 36 consecutive months of highest compensation as certified by the public employer.

      3.  The average compensation of a member who has a break in service or partial months of compensation, or both, as a result of service as a legislator during a regular or special session of the Nevada legislature must be calculated on the basis of the average of his 36 consecutive months of highest compensation as certified by his public employer excluding each month during any part of which the legislature was in session. This subsection does not affect the computation of years of service.

      4.  The retirement allowance for a regular part-time employee must be computed from the salary which he would have received as a full-time employee if it results in greater benefits for the employee. A regular part-time employee is a person who earns retirement without having completed at least 36 months of consecutive full-time employment.


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

ê1989 Statutes of Nevada, Page 1093 (Chapter 513, AB 87)ê

 

employee is a person who earns retirement without having completed at least 36 months of consecutive full-time employment.

      [4.] 5.  The rate of contribution for a member whose effective date of membership is after July 1, 1985, must be adjusted to the actuarially determined rate for all benefits based upon accrual of service of more than 30 years.

      Sec. 3.  The amendatory provisions of NRS 286.551 which increase the average compensation and therefore the service retirement allowance for certain persons who retired before the effective date of this act, apply only to payments of benefits on or after the effective date of this act.

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

 

________

 

 

CHAPTER 514, SB 128

Senate Bill No. 128–Committee on Finance

CHAPTER 514

AN ACT making an appropriation to the contingency fund to restore the balance in the fund; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $5,986,381 to restore the balance in the fund to $8,000,000.

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

 

________


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

ê1989 Statutes of Nevada, Page 1094ê

 

CHAPTER 515, SB 422

Senate Bill No. 422–Senators Hickey, Shaffer, Beyer, Coffin, Horn, Jacobsen, Malone, Mello, Neal, O’Donnell, Raggio, Rawson, Smith, Titus, Townsend, Vergiels and Wagner

CHAPTER 515

AN ACT relating to state emblems; designating the desert tortoise as the state reptile; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

      The reptile known as the desert tortoise (Gopherus agassizii) is hereby designated as the official state reptile of the State of Nevada.

 

________

 

 

CHAPTER 516, SB 438

Senate Bill No. 438–Committee on Natural Resources

CHAPTER 516

AN ACT relating to water; prohibiting the use in the public water system of solder, flux or pipes containing certain amounts of lead; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 444.350 is hereby amended to read as follows:

      444.350  1.  Any construction, alteration or change in the use of a building or other structure in this state must be in compliance with the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials in the form most recently adopted by that association before January 1, [1985.] 1989.

      2.  Any city or county may adopt such modifications as are deemed reasonably necessary because of its geographic, topographic or climatic conditions. Any city or county desiring to make changes to the Uniform Plumbing Code must, before its adoption, submit the code with the proposed amendments to the state public works board.

      3.  No city or county may allow the use of any solder or flux that contains more than 0.2 percent lead or allow the use of any pipe or pipe fitting that contains more than 8 percent lead in the installation or repair of a public water system or any residence or facility connected to a public water system. As used in this subsection, “public water system” has the meaning ascribed to it in NRS 445.376.

 

________


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

ê1989 Statutes of Nevada, Page 1095ê

 

CHAPTER 517, SB 493

Senate Bill No. 493–Committee on Natural Resources

CHAPTER 517

AN ACT relating to the state department of agriculture; authorizing the department to use money in the revolving account for agriculture working capital to make certain loans and grants; providing for the reimbursement of the account; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.335 is hereby amended to read as follows:

      561.335  1.  The revolving account for agriculture working capital in the amount of $10,000 is hereby created for the use of the department.

      2.  The account must be used specifically for carrying out the provisions of NRS 569.010 to 569.130, inclusive.

      3.  The account may be used for [paying] :

      (a) Paying the expenses of all programs and laws administered by the department, and in such case, the account must be reimbursed promptly from the proper funds in the state treasury by claims paid as other claims against the state are paid.

      [4.  The account may be used for the purpose of providing]

      (b) Providing advance money to officers and employees of the department for travel expenses and subsistence allowances arising out of their official duties or employment. Such an advance constitutes a lien in favor of the department upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the executive director may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance must be paid into the revolving account for agriculture working capital.

      [5.] (c) Making grants and loans for any purpose authorized by subsection 2 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be reimbursed promptly, as other claims against the state are paid, from the money deposited in the state treasury pursuant to subsection 1 of NRS 561.445.

      4.  The revolving account for agriculture working capital must be deposited in a bank qualified to receive deposits of public money and the deposit be secured by a depository bond satisfactory to the state board of examiners.

 

________


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

ê1989 Statutes of Nevada, Page 1096ê

 

CHAPTER 518, SB 498

Senate Bill No. 498–Senator Jacobsen

CHAPTER 518

AN ACT relating to county auditors; repealing certain obsolete provisions concerning the collection of fees by a county auditor; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 251.070, 251.080, 251.090, 251.100, 251.110, 251.120 and 251.130 are hereby repealed.

 

________

 

 

CHAPTER 519, SB 301

Senate Bill No. 301–Committee on Judiciary

CHAPTER 519

AN ACT relating to gaming; temporarily allowing the operation of a sports pool or race book at a nonrestricted operation by a licensee other than the person licensed to operate the nonrestricted operation; exempting certain licensees from obtaining a disseminator’s license; changing the definition of restricted license; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.0189 is hereby amended to read as follows:

      463.0189  “Restricted license” or “restricted operation” means a state gaming license for, or an operation consisting of, not more than 15 slot machines and no other game or gaming device at [the establishment.] an establishment in which the operation of slot machines is incidental to the primary business of the establishment.

      Sec. 2.  NRS 463.245 is hereby amended to read as follows:

      463.245  1.  [All] Except as otherwise provided in subsection 3, all licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license. A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

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

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


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

ê1989 Statutes of Nevada, Page 1097 (Chapter 519, SB 301)ê

 

race book at another establishment if the second establishment is operated by a person who has been issued a nonrestricted license.

      Sec. 3.  NRS 463.430 is hereby amended to read as follows:

      463.430  1.  It is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning racing, when the information is to be used [for the purpose of maintaining and operating] to maintain and operate any gambling game and particularly any race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.

      2.  The provisions of this section do not apply to [any] :

      (a) Any person who provides a televised broadcast which is presented without charge to any person who receives the broadcast.

      (b) Any licensee who has been issued a gaming license and receives from or supplies to any affiliated licensee, by means of a computerized system for bookmaking used by the licensee and the affiliated licensee, information concerning racing.

      3.  For the purposes of this section [, any] :

      (a) Any broadcasting or display of information concerning racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a race book.

      (b) “Affiliated licensee” means any person to whom a valid gaming license or pari-mutuel wagering license has been issued that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a licensee.

      Sec. 4.  Section 2 of this act expires by limitation on October 1, 1991.

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

 

________

 

 

CHAPTER 520, SB 458

Senate Bill No. 458–Committee on Commerce and Labor

CHAPTER 520

AN ACT relating to thrift companies; establishing reserve and deposit limitations consistent with federal regulations; making various changes in provisions concerning thrift companies; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 677.230 is hereby amended to read as follows:

      677.230  [The]

      1.  Except as otherwise provided in subsection 2, the commissioner may establish the basis upon which reasonable and adequate reserves must be created and maintained, which must be no less than 3 percent of the deposits, in cash and due from federally insured financial institutions in this state or any Federal Reserve Bank, [and 5 percent of the deposits,] in United States treasury bills or notes, short-term obligations of the federal or state government or money deposited in federally insured financial institutions in this state or any Federal Reserve Bank.


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

ê1989 Statutes of Nevada, Page 1098 (Chapter 520, SB 458)ê

 

any Federal Reserve Bank, [and 5 percent of the deposits,] in United States treasury bills or notes, short-term obligations of the federal or state government or money deposited in federally insured financial institutions in this state or any Federal Reserve Bank. For the purposes of this [section,] subsection, “short-term” means having a maturity of 2 years or less.

      2.  The commissioner shall require a licensee who is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation to comply with the reserve requirements established by that insurer.

      Sec. 2.  NRS 677.620 is hereby amended to read as follows:

      677.620  1.  [A] Except as otherwise provided in subsections 2 and 3, a licensee shall not have at any time deposits in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.

      2.  A licensee insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation shall comply with the limits imposed by that insurer.

      3.  If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the commissioner may increase the ratio of deposits to paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The commissioner shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days after the date of application by the licensee unless the commissioner gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The commissioner may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.

      [3.  No]

      4.  A licensee may not have total borrowings, exclusive of deposits, which exceed the larger of:

      (a) Five times its capital and surplus; or

      (b) The face amount of total deposits at the time a borrowing is made.

      [4.] 5.  Except as otherwise provided in subsection [5,] 6, each licensee shall establish a liquidity reserve immediately upon beginning business, as a special account with an initial balance of $50,000. Money cannot be withdrawn from the reserve or the account put to any other use without the permission of the commissioner. Money in the reserve may be invested only in obligations of the United States, this or any other state, or federally insured financial institutions in this state or any Federal Reserve Bank. At least annually, but no later than at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensee’s deposits must be added to the reserve until its balance reaches 1.5 percent of the net deposits. Interest earned on the principal of the reserve must not be withdrawn except as permitted for other money of the reserve, but may be credited against the required addition.


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

ê1989 Statutes of Nevada, Page 1099 (Chapter 520, SB 458)ê

 

      [5.] 6.  If the deposits of a licensee are insured pursuant to the provisions of NRS 677.247, the licensee need not maintain a liquidity reserve.

      Sec. 3.  NRS 677.630 is hereby amended to read as follows:

      677.630  1.  A licensee may purchase, hold, develop and convey real property, including apartments and other buildings, for the following purposes only:

      (a) Real property conveyed to it in satisfaction of debts contracted in the course of its business.

      (b) Real property purchased at sale under judgments, decrees or mortgage foreclosures or foreclosures of or trustees’ sales under deeds of trust [under securities held by it.] , or pursuant to an order of bankruptcy court. A licensee shall not bid against its debtor at any such sale in a larger amount than is necessary to satisfy its debt and costs.

      (c) Real property necessary as premises for the transaction of its business. A licensee shall not invest directly or indirectly an amount exceeding one-third of its paid-up capital and surplus in the lot and building in which the business of the company is carried on, furniture and fixtures, and vaults, necessary and proper to carry on its business.

      (d) Real property purchased or held for the purpose of development. An investment for this purpose must not exceed the market value of the property as evidenced by an appraisal prepared [within 120 days before the investment] by a member of the American Institute of Real Estate Appraisers, the National Association of Review Appraisers and Mortgage Underwriters, the Society of Real Estate Appraisers or the Independent Fee Appraisers Society, or by an appraiser approved by the commissioner. [Before] Within 120 days after the investment is made:

             (1) The licensee shall provide the commissioner with a certified copy of one or more appraisal reports and a report from a title insurer which shows the chain of title and the amount of consideration for which the title was transferred, if that information is available, for at least 3 years.

             (2) The commissioner may require a statement from the licensee disclosing whether any director, officer or employee of the licensee has, or has had within the last 3 years, any direct or indirect interest in the property. For the purposes of this subparagraph, “interest” includes ownership of stock in a corporation which has an interest in the property.

If the total amount to be invested in real property for residential development , excluding any real property which is mortgaged to the licensee as security for money owing to the licensee, exceeds [its] the licensee’s capital accounts , [or 10 percent of the total deposits of the licensee, whichever is less,] the investment may not be made without the written approval of the commissioner. Any person who fails to make a disclosure required by this section is guilty of a misdemeanor.

      2.  No real estate acquired pursuant to paragraph (a) or (b) of subsection 1 may be held for a longer period than 5 years unless it has been improved by the licensee and is producing a fair income based upon the appraised value.

      Sec. 4.  NRS 677.660 is hereby amended to read as follows:

      677.600  1.  A person shall not advertise, print, display, publish, distribute or broadcast or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to deposits, which is false, misleading or deceptive.


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

ê1989 Statutes of Nevada, Page 1100 (Chapter 520, SB 458)ê

 

published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to deposits, which is false, misleading or deceptive.

      2.  [A] Except as otherwise provided in this subsection, a licensee shall not use any advertising or make any representations which indicate, imply or might lead a person to believe that it is a bank [.] , a thrift company or a savings bank, unless it is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The provisions of this subsection do not apply to a thrift company that does not accept money for deposit.

      3.  A licensee whose deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or a private insurer [may] shall include that information in its advertising [.] relating to deposits.

      Sec. 5.  NRS 677.720 is hereby amended to read as follows:

      677.720  1.  Every licensee shall:

      (a) Deliver to the borrower, or if more than one, to one of them, at the time of making a loan under this chapter a copy of the loan obligation or, in lieu thereof, a statement showing in clear and distinct terms the date of the loan and amount of loan obligation and the date of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the description or schedule of payments on [such] the loan.

      (b) Except as otherwise provided in subsection 2, give to the person making any cash payment on account of any loan a receipt at the time [such] the payment is made, which receipt [shall] must show the balance due, if any, after application of [such payment; but a] the payment. A receipt for the amount of the payment only may be given temporarily and replaced within a reasonable time with a receipt as prescribed in this paragraph.

      (c) Permit payment in advance in an amount equal to one or more full installments at any time during the regular business hours of the licensee.

      (d) Upon repayment of a loan in full, mark plainly every note or other evidence of the indebtedness or assignment signed by any obligor with the word “paid” or “canceled,” and release or provide the borrower with evidence to release any mortgage or security instrument no longer securing any indebtedness to the licensee.

      2.  In lieu of the receipt mentioned in paragraph (b) of subsection 1, the licensee may issue a coupon payment book to the borrower [, if the loan is precomputed,] setting forth the amount and due date of each installment [,] and containing a payment record stub corresponding to each coupon.

      Sec. 6.  NRS 677.730 is hereby amended to read as follows:

      677.730  1.  A licensee may lend any amount of money:

      (a) At any rate of interest;

      (b) Subject to the imposition of any charge in any amount; and

      (c) Upon any schedule of repayment,

to which parties may agree.

      2.  [Except as provided in NRS 677.770,] Secured loans or obligations of [$10,000] $50,000 or more other than those secured by deposits with the licensee must be secured by collateral having a market value of at least 115 percent of the amount due on the loans or obligations. On loans secured by deposits with the licensee, the net amount advanced must not exceed 90 percent of the amount of the deposits used as collateral.


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

ê1989 Statutes of Nevada, Page 1101 (Chapter 520, SB 458)ê

 

deposits with the licensee, the net amount advanced must not exceed 90 percent of the amount of the deposits used as collateral.

      Sec. 7.  NRS 677.760 is hereby amended to read as follows:

      677.760  A licensee shall not lend in the aggregate more than 5 percent of its capital and surplus not available for dividends upon:

      1.  The security of the stock of any one corporation [and such] , which stock may not exceed 10 percent of the outstanding stock of that corporation [.] except that, if the licensee has obtained other security from the borrower which satisfies the provisions of subsection 2 of NRS 677.730, the licensee may accept as security any amount of the stock of that corporation.

      2.  The security of the bonds of any one obligor except:

      (a) Bonds of the United States or for the payment of which the credit of the United States is pledged;

      (b) Bonds of the State of Nevada, or for the payment of which the credit of the State of Nevada is pledged; and

      (c) Bonds which are general obligations of any county, city, metropolitan water district, school district or irrigation district of the State of Nevada.

      Sec. 8.  NRS 677.770 is hereby amended to read as follows:

      677.770  1.  [A] Except for a licensee that is insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, a licensee shall not make an unsecured loan of more than one-tenth of 1 percent of its total assets or make [such] loans that are in the aggregate more than 5 percent of its total assets.

      2.  Secured loans or obligations of any one person as primary obligor made or held by a licensee may not, in any event , exceed in the aggregate 25 percent of the capital and surplus of the licensee. Loans secured by deposits with the licensee must not be included in applying this limitation.

      Sec. 9.  NRS 659.125 is hereby amended to read as follows:

      659.125  1.  A corporation must not be chartered under the laws of this state with the words “bank” or “banking” as part of its name , except corporations subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS, or corporations under the regulation of the commissioner of insurance. A corporate name must not be amended to include the words “bank” or “banking” unless the corporation is under such regulation.

      2.  Except as otherwise provided in [subsection 3, no] subsections 3 and 4, a natural person, association, firm or corporation domiciled within this state, except a national bank or a banking corporation subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS, or under the regulation of the commissioner of insurance, may not advertise or put forth any sign as bank, banking or banker or use the work “bank,” “banking” or “banker” as part of its name and title.

      3.  A savings and loan association subject to the provisions of chapter 673 of NRS may use the words “savings bank” or “bank” as part of its name and title if the use of those words is permitted by the Federal Home Loan Bank Board.

      4.  A thrift company subject to the provisions of chapter 677 of NRS may use the words “savings bank” as part of its name if its deposits are federally insured.


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

ê1989 Statutes of Nevada, Page 1102 (Chapter 520, SB 458)ê

 

      5.  Any person who violates any of the provisions of this section shall be fined not more than $500 for each offense.

      Sec. 10.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 521, AB 776

Assembly Bill No. 776–Committee on Transportation

CHAPTER 521

AN ACT relating to taxation; removing the requirement of voter approval of a county ordinance imposing an additional excise tax of 1 cent per gallon on motor vehicle fuel; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 365.192 is hereby amended to read as follows:

      365.192  1.  In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1 cent per gallon on motor vehicle fuel.

      2.  The provisions of this section are optional. A board of county commissioners by an ordinance regularly adopted [and approved by the voters of the county as provided in NRS 365.194,] may impose or repeal the tax provided for in this section.

      3.  [The ordinance adopted by a board of county commissioners must be approved by the voters of the county at least 1 month before the tax is to become effective, and the tax may become effective and begin to be collected only on and after the next succeeding January 1 or July 1. A county and the voters thereof may repeal such an ordinance pursuant to the same limitations on time for adoption and effectiveness. Upon approval by the voters of the adoption or repeal] Upon the adoption of such an ordinance, the county shall immediately notify the Nevada tax commission of its action.

      4.  This tax must be accounted for by each dealer as to the county in which the motor vehicle fuel is sold to the retailer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.

      Sec. 2.  NRS 365.194 is hereby repealed.

 

________


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

ê1989 Statutes of Nevada, Page 1103ê

 

CHAPTER 522, SB 321

Senate Bill No. 321–Senator Jacobsen

CHAPTER 522

AN ACT relating to the Nevada National Guard; prohibiting certain uses of an armory of the Nevada National Guard; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 412.106 is hereby amended to read as follows:

      412.106  [Armories] An armory may be used by [members and units] a member or unit of the Nevada National Guard, veterans’ [organizations,] organization, any federal, state or local governmental entity or any other person, [firm, corporation or association,] if the use:

      1.  Does not interfere with the use of the [facilities] facility by the Nevada National Guard;

      2.  Does not result in the risk of [harm] :

      (a) A breach of the peace;

      (b) Harm to persons; or

      (c) Harm to state or federal property; and

      3.  Is in accordance with department regulations issued pursuant to this chapter.

 

________

 

 

CHAPTER 523, AB 711

Assembly Bill No. 711–Assemblymen Triggs, Evans, Wendell Williams, Diamond, Thompson, Nevin, Myrna Williams, Wisdom, Garner, McGinness, Arberry, Lambert, Kissam, Adler, Sader, Spinello, Callister, Brookman, Sedway, Dini, Chowning, Schofield, Fay, Sheerin, Price, Freeman, Gibbons, Jeffrey and Swain

CHAPTER 523

AN ACT relating to pupils; prohibiting the board of trustees of a school district from changing the grade given to a pupil by a teacher unless certain procedures are followed; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of trustees of a school district shall not change the grade given to a pupil by a teacher unless the school district has established and followed a procedure that allows the teacher an opportunity to substantiate the grade that was given.

 

________


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

ê1989 Statutes of Nevada, Page 1104ê

 

CHAPTER 524, SB 197

Senate Bill No. 197–Senator Joerg

CHAPTER 524

AN ACT relating to local governmental finances; providing for the withdrawal of certain property which becomes exempt from property taxes from the calculation of the amount of money to be allocated to a redevelopment area; revising the calculation of the maximum allowable combined revenue of certain local governments to include the assessed value of certain property which is exempt from taxation; authorizing an increase in the maximum allowable revenue from taxes ad valorem for certain local governments; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 354.59816 is hereby amended to read as follows:

      354.59816  1.  For the fiscal years beginning on and after July 1, 1984, the maximum allowable revenue from the supplemental city-county relief tax and taxes ad valorem, combined, but excluding any tax levied ad valorem for debt service, must be calculated as follows:

      (a) Assessed valuation for the preceding fiscal year, including the assessed valuation of property on the central assessment roll allocated to the local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, is added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed value of the new real property, possessory interests and mobile homes added to the assessment rolls in the past year for that local government, including the assessed valuation of property added to the central assessment roll in the past year and allocable to the local government.

      (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation, including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, for the preceding year is the maximum percentage by which the combined amount allowable from the supplemental city-county relief tax and taxes ad valorem may increase over the amount allowed for the preceding year.

      2.  For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 3 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 1 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.


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

ê1989 Statutes of Nevada, Page 1105 (Chapter 524, SB 197)ê

 

      3.  The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the maximum allowable combined revenue of [the] any fire protection district [.] in which such property is located.

      [3.] 4.  If the local government levies a tax ad valorem for debt service upon an obligation which has previously been repaid from another source, the combined amount which it may receive pursuant to this section is reduced by the amount of that tax ad valorem.

      [4.] 5.  If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the amount that the county may receive from the supplemental city-county relief tax is reduced by an equal amount.

      Sec. 2.  NRS 279.676 is hereby amended to read as follows:

      279.676  1.  Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable property in the redevelopment project each year by or for the benefit of the state, any city, county, district or other public corporation, after the effective date of the ordinance approving the redevelopment plan, must be divided as follows:

      (a) 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 the taxing agencies upon the total sum of the assessed value of the taxable property in the redevelopment project 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 such taxing agencies on all other property are paid. To allocate taxes levied by or for any taxing agency or agencies which did not include the territory in a redevelopment project on the effective date of the ordinance but to which the territory has been annexed or otherwise included after the effective date, the assessment roll of the county last equalized on the effective date of the ordinance must be used in determining the assessed valuation of the taxable property in the project on the effective date. If property which was shown on the assessment roll used to determine the amount of taxes allocated to the taxing agencies is transferred to the state and becomes exempt from taxation, the assessed valuation of the exempt property as shown on that assessment roll must be subtracted from the assessed valuation used to determine the amount of revenue allocated to the taxing agencies.

      (b) That portion of the levied taxes each year in excess of that amount must be allocated to and when collected must be paid into a special fund of the redevelopment agency to pay the principal of and interest on loans, money advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, incurred by the redevelopment agency to finance or refinance, in whole or in part, the redevelopment project. Unless the total assessed valuation of the taxable property in a redevelopment project exceeds the total assessed value of the taxable property in the project as shown by the last equalized assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies.


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

ê1989 Statutes of Nevada, Page 1106 (Chapter 524, SB 197)ê

 

assessment roll referred to in paragraph (a), all of the taxes levied and collected upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies. When such loans, advances and indebtedness, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the redevelopment project must be paid into the funds of the respective taxing agencies as taxes on all other property are paid.

      2.  Except as otherwise provided in subsection 3, in any fiscal year, the total revenue paid to a redevelopment agency in combination with the total revenue paid to any other redevelopment agencies and any tax increment areas of a municipality must not exceed:

      (a) In a municipality whose population is 100,000 or more, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 10 percent of the total assessed valuation of the municipality.

      (b) In a municipality whose population is less than 100,000, an amount equal to the combined tax rates of the taxing agencies for that fiscal year multiplied by 15 percent of the total assessed valuation of the municipality. If the revenue paid to a redevelopment agency must be limited pursuant to paragraph (a) or (b) and the municipality has more than one redevelopment agency or tax increment area, or one of each, the municipality shall determine the allocation to each agency and area. Any revenue which would be allocated to a redevelopment agency but for the provisions of this section must be paid into the funds of the respective taxing agencies.

      3.  The taxing agencies shall continue to pay to a redevelopment agency any amount which was being paid before July 1, 1987, and in anticipation of which the agency became obligated before July 1, 1987, to repay any bond, loan, money advanced or any other indebtedness, whether funded, refunded, assumed or otherwise incurred.

      4.  For the purposes of this section, the assessment roll last equalized before the effective date of the ordinance approving the redevelopment plan is the assessment roll in existence on March 15 immediately preceding the effective date of the ordinance.

      Sec. 3.  NRS 377.057 is hereby amended to read as follows:

      377.057  1.  The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:

      (a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:

 

                                                                                                                Percent-

      Political Subdivision                                                                         age

Churchill County............................................................................................          3.23

City of North Las Vegas................................................................................        46.52

City of Carlin...................................................................................................          2.72

Esmeralda County..........................................................................................            .20

Eureka County................................................................................................            .71

City of Winnemucca...................................................................................... 5.56 City of Caliente..........................................................................        .46

 


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

ê1989 Statutes of Nevada, Page 1107 (Chapter 524, SB 197)ê

 

City of Caliente...............................................................................................            .46

City of Yerington............................................................................................          4.77

Mineral County..............................................................................................          9.96

City of Gabbs..................................................................................................          4.31

Pershing County............................................................................................          2.52

City of Lovelock.............................................................................................          5.77

White Pine County........................................................................................          5.37

City of Ely........................................................................................................          7.90

 

For the fiscal year beginning July 1, 1981, the monthly amount is $71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.

      (b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable combined revenue, as determined pursuant to NRS 354.59805 [,] and 354.59816, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.

      3.  As used in this section, the “basic ad valorem revenue”:

      (a) Of each local government is its assessed valuation, including assessed valuation attributable to a redevelopment agency or tax increment area but excluding the portion attributable to the net proceeds of minerals [,] and assessed valuation of state property included in the calculation of maximum allowable combined revenue pursuant to subsection 2 of NRS 354.59816, for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:

             (1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.

             (2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.


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

ê1989 Statutes of Nevada, Page 1108 (Chapter 524, SB 197)ê

 

      (b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district and any district created under chapter 318 of NRS to furnish emergency medical services.

      (c) Of a local government listed in subsection 1 of NRS 354.59873 does not include any increase in the basic ad valorem revenue pursuant to that section.

      4.  For the purposes of this section, a fire protection district organized pursuant to chapter 473 of NRS is a local government.

      5.  For the purposes of determining basic ad valorem revenue, the assessed valuation of a fire protection district includes property which was transferred from private ownership after July 1, 1986, pursuant to:

      (a) The Santini-Burton Act, Public Law 96-586; or

      (b) Chapter 585, Statutes of Nevada 1985, at page 1866, approved by the voters on November 4, 1986.

      Sec. 4.  For the fiscal year beginning on July 1, 1989, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government exceeds 5 percent of the total assessed valuation of the local government, an amount equal to the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 1 of NRS 354.59816 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.

      Sec. 5.  The executive director of the department of taxation shall increase the maximum allowable revenue from taxes ad valorem of a local government whose revenue from the supplemental city-county relief tax is reduced as a direct result of the amendatory provisions of this act by the amount lost as a direct result of the amendatory provisions of this act. Any increase made pursuant to this section may only be made once and must be included in the basis for the calculation of the maximum allowable revenue from taxes ad valorem in all future years.

      Sec. 6.  This act becomes effective on July 1, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1109ê

 

CHAPTER 525, AB 877

Assembly Bill No. 877–Committee on Taxation

CHAPTER 525

AN ACT relating to taxation; clarifying the duties of the department of taxation concerning the collection of taxes on retail sales on Indian reservations and colonies; authorizing the imposition of a sales tax by the governing body of an Indian reservation or colony; and providing other matters properly relating thereto.

 

[Approved June 26, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The governing body of an Indian reservation or Indian colony may impose a tax on the privilege of selling tangible personal property at retail on the reservation or colony.

      2.  If a sales tax is imposed, the governing body may establish procedures for collecting the tax from any person authorized to do business on the reservation or colony.

      Sec. 3.  The department of taxation shall not collect the tax imposed by this chapter on the sale of tangible personal property on an Indian reservation or Indian colony on which a tax has been imposed pursuant to section 2 of this act if:

      1.  The tax is equal to or greater than the tax imposed by this chapter; and

      2.  A copy of an approved tribal tax ordinance imposing the tax has been filed with the department of taxation.

      Sec. 4.  Nothing in this chapter abridges the rights of any Indian, individual or tribe, or infringes upon the sovereignty of any Indian tribe, organized under the Indian Reorganization Act (25 U.S.C. §§ 476 et seq.).

      Sec. 5.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as 6, 7 and 8 of this act.

      Sec. 6.  1.  The governing body of an Indian reservation or Indian colony may impose a tax on the privilege of selling tangible personal property at retail on the reservation or colony.

      2.  If a sales tax is imposed, the governing body may establish procedures for collecting the tax from any person authorized to do business on the reservation or colony.

      Sec. 7.  The department of taxation shall not collect the tax imposed by this chapter on the sale of tangible personal property on an Indian reservation or Indian colony on which a tax has been imposed pursuant to section 6 of this act if:

      1.  The tax is equal to or greater than the tax imposed by this chapter; and

      2.  A copy of an approved tribal tax ordinance imposing the tax has been filed with the department of taxation.

      Sec. 8.  Nothing in this chapter abridges the rights of any Indian, individual or tribe, or infringes upon the sovereignty of any Indian tribe, organized under the Indian Reorganization Act (25 U.S.C. §§ 476 et seq.).

 

________

 


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

ê1989 Statutes of Nevada, Page 1110ê

 

CHAPTER 526, AB 403

Assembly Bill No. 403–Assemblymen Porter, Spinello, Wendell Williams, Diamond, Callister, Arberry, Gaston, Garner, Regan, Wisdom, Sader, Freeman, Chowning, Bogaert, Schofield, McGaughey and Sedway

CHAPTER 526

AN ACT relating to insurance; requiring an insurer transacting certain kinds of insurance in this state to use an adjuster who resides in this state; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 686A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 684A.060, any insurer who:

      (a) Transacts property, casualty or surety insurance in this state; and

      (b) Retains an adjuster to investigate and settle any claim arising under an insurance contract,

shall retain an adjuster who resides in this state.

      2.  As used in this section “adjuster” has the meaning ascribed to it in NRS 684A.020.

 

________

 

 

CHAPTER 527, SB 456

Senate Bill No. 456–Committee on Judiciary

CHAPTER 527

AN ACT relating to sentencing; permitting the court to impose a fixed term of imprisonment and probation for certain violations concerning driving under the influence of intoxicating liquor or a controlled substance; providing the maximum period of probation that may be imposed for those violations; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.215 is hereby amended to read as follows:

      176.215  1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated in court, but [such a] the period, including any extensions thereof, must not be more than:

      (a) Three years for a:

             (1) Gross misdemeanor; or

             (2) Suspension of sentence pursuant to subsection 5 of NRS 453.336; or

      (b) Five years for a felony [.] , except that for a felony involving a violation of the provisions of NRS 484.3795 the period must not be more than 10 years.


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

ê1989 Statutes of Nevada, Page 1111 (Chapter 527, SB 456)ê

 

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is canceled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      4.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person he arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      Sec. 2.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. Unless a person at the time he is so imprisoned:

      (a) Has been previously convicted of a felony other than:

             (1) One previous violation of this section; or

             (2) One previous violation of paragraph (c) of subsection 1 of NRS 484.3792; or

      (b) Has a history of violent criminal conduct which can be demonstrated, he must, insofar as practicable, be segregated from offenders whose crimes were violent and be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.

      2.  [No] A prosecuting attorney may not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.


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

ê1989 Statutes of Nevada, Page 1112 (Chapter 527, SB 456)ê

 

to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. [A] Except as otherwise provided in subsection 3, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:

      (a) Is imprisoned in the state prison, an institution of minimum security, an honor camp, a restitution center or a similar facility for not less than 1 year; and

      (b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.

 

________

 

 

CHAPTER 528, SB 453

Senate Bill No. 453–Committee on Judiciary

CHAPTER 528

AN ACT relating to gaming; prohibiting the manipulation of any gaming device for the purpose of affecting the outcome of the game; clarifying the prohibition against gambling with knowledge of the outcome of a game or event affecting the outcome of a game; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 465.070 is hereby amended to read as follows:

      465.070  It is unlawful for any person:

      1.  To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.

      2.  To place , increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or [other event] any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing , increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.

      3.  To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.

      4.  Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.


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

ê1989 Statutes of Nevada, Page 1113 (Chapter 528, SB 453)ê

 

      5.  To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.

      6.  To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.

      7.  To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

 

________

 

 

CHAPTER 529, SB 441

Senate Bill No. 441–Committee on Commerce and Labor

CHAPTER 529

AN ACT relating to public utilities; authorizing the issuance of variable-interest rate securities; authorizing the use of a method for accounting and ratemaking which allows recovery of certain costs related to variable-rate securities; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.324 is hereby amended to read as follows:

      704.324  1.  Upon receipt of an application for an order authorizing the issuance of any security or the assumption of any obligation in respect to any security of another, the commission may grant [such] the application in whole or in part and with such modifications and upon such terms and conditions as it may find necessary or appropriate.

      2.  The commission may authorize the issuance of a variable-rate security and it may authorize the public utility to use a method for accounting and ratemarking for an existing or new variable-rate security which ensures that the recovery of the utility’s expenses for issuing or maintaining that security from the rates charged to its customers will equal the interest or dividends actually paid on the security.

      3.  The commission shall not require a public utility to issue or maintain a variable-rate security if the recovery of the utility’s expenses for issuing or maintaining that security from the rates charged to its customers does not equal the interest or dividends actually paid on the security.

      4.  The commission may from time to time make such supplemental orders in the premises as it may find necessary or appropriate. [Such] The supplemental order may modify the provisions of any previous order as to the particular purposes, uses [,] and extent to which, or the conditions under which, any security theretofore authorized or the proceeds thereof may be applied.


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

ê1989 Statutes of Nevada, Page 1114 (Chapter 529, SB 441)ê

 

      [3.] 5.  The commission shall not make any order or supplemental order granting any application hereunder unless it finds that [such] the issue or assumption:

      (a) Is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service; and

      (b) Is reasonably necessary or appropriate for [such] those purposes.

      [4.] 6.  The commission shall not authorize the capitalization of the right to be a corporation or any franchise, permit or contract for consolidation, merger or lease in excess of the amount, exclusive of any tax or annual charge, actually paid as the consideration for [such] the right, franchise, permit or contract.

 

________

 

 

CHAPTER 530, SB 392

Senate Bill No. 392–Committee on Human Resources and Facilities

CHAPTER 530

AN ACT relating to medical laboratories; prohibiting physicians from referring patients to independent medical laboratories in which they have a financial interest under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 630.305 is hereby amended to read as follows:

      630.305  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Directly or indirectly receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation which is intended or tends to influence the physician’s objective evaluation or treatment of a patient.

      2.  Dividing a fee between licensees except where the patient is informed of the division of fees and the division of fees is made in proportion to the services personally performed and the responsibility assumed by each licensee.

      3.  Referring a patient to any medical laboratory in which the licensee has a financial interest unless the laboratory is operated solely in connection with the diagnosis and treatment of his own patients.

      4.  Charging for visits to the physician’s office which did not occur or for services which were not rendered or documented in the records of the patient.

      [4.] 5.  Aiding, assisting, employing or advising, directly or indirectly, any unlicensed person to engage in the practice of medicine contrary to the provisions of this chapter or the regulations of the board.


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

ê1989 Statutes of Nevada, Page 1115 (Chapter 530, SB 392)ê

 

      [5.] 6.  Delegating responsibility for the care of a patient to a person when the licensee knows, or has reason to know, that this person is not qualified to undertake that responsibility.

      [6.] 7.  Failing to disclose to a patient any financial or other conflict of interest.

      Sec. 2.  NRS 652.235 is hereby amended to read as follows:

      652.235  1.  A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of his own patients if [such] the medical laboratory complies with the provisions of this section.

      2.  Each such medical laboratory shall:

      (a) Register with the health division of the department of human resources.

      (b) Comply with the rules and regulations [promulgated] adopted by the board pursuant to NRS 652.130.

      (c) Submit to the inspections and tests provided for in subsections 1 and 2 of NRS 652.140.

      3.  A licensed physician shall not refer a patient to a medical laboratory in which the physician has a financial interest unless it is operated solely in connection with the diagnosis or treatment of his own patients.

 

________

 

 

CHAPTER 531, SB 379

Senate Bill No. 379–Committee on Transportation

CHAPTER 531

AN ACT relating to commercial drivers’ licenses; authorizing the department of motor vehicles and public safety to adopt regulations providing for the issuance of commercial driver’s licenses in accordance with federal law; prohibiting the driving of a commercial motor vehicle without a license or learner’s permit; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  The provisions of NRS 483.010 to 483.630, inclusive, apply only with respect to noncommercial drivers’ licenses.

      Sec. 3.  The purposes of sections 3 to 23, inclusive of this act, are to implement the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§ 2701-2716, and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by:

      1.  Permitting drivers of commercial motor vehicles to hold only one license;

      2.  Providing for the disqualification of drivers of commercial motor vehicles who have committed certain serious traffic violations or other specified offenses;

      3.  Strengthening the licensing and testing standards for drivers of commercial motor vehicles; and


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

ê1989 Statutes of Nevada, Page 1116 (Chapter 531, SB 379)ê

 

      4.  Ensuring that drivers of commercial motor vehicles carrying hazardous materials are qualified to operate a commercial motor vehicle in accordance with all regulations pertaining to the transportation of hazardous materials and have the skills and knowledge necessary to respond appropriately to any emergency arising out of the transportation of hazardous materials.

      Sec. 4.  The provisions of sections 3 to 23, inclusive, of this act, apply only with respect to commercial drivers’ licenses.

      Sec. 5.  As used in sections 3 to 23, inclusive, of this act, unless the context otherwise requires:

      1.  “Commercial driver’s license” means a license issued to a person which authorizes him to drive a class or type of commercial motor vehicle.

      2.  “Commercial driver’s license information system” means the information system established by the United States Federal Highway Administration pursuant to section 12007 of the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. § 2706, to serve as a clearinghouse for locating information relating to the licensing and identification of drivers of commercial motor vehicles.

      3.  “Out-of-service order” means a temporary prohibition against driving a commercial motor vehicle.

      Sec. 6.  1.  Any person to whom a valid commercial driver’s license has been issued may exercise the privilege thereby granted upon all streets and highways of this state and shall not be required to obtain any other license to exercise the privilege by any county, municipal or local board or body having authority to adopt local police regulations.

      2.  Except persons expressly exempted in regulations adopted by the department pursuant to section 22 of this act, a person shall not steer or exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway unless he has a license to drive the type or class of vehicle being towed.

      3.  The department shall not issue a commercial driver’s license to a person until he surrenders to the department all valid licenses in his possession issued to him by this or any other jurisdiction. Surrendered licenses issued by another jurisdiction must be returned by the department to that jurisdiction. A person shall not have more than one valid driver’s license.

      Sec. 7.  A person shall not drive a commercial motor vehicle on the highways of this state:

      1.  Unless he has been issued and has in his immediate possession a:

      (a) Commercial driver’s license with applicable endorsements valid for the vehicle he is driving issued by this state or by any other jurisdiction in accordance with the minimum federal standards for the issuance of a commercial driver’s license; or

      (b) Valid learner’s permit for the operation of a commercial motor vehicle and is accompanied by the holder of a commercial driver’s license valid for the vehicle being driven.

      2.  At any time while his driving privilege is suspended, revoked or canceled, or while subject to a disqualification or an out-of-service order.

      Sec. 8.  A person who wishes to be issued a commercial driver’s license by this state must:

      1.  Apply to the department for a commercial driver’s license;


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

ê1989 Statutes of Nevada, Page 1117 (Chapter 531, SB 379)ê

 

      2.  In accordance with standards contained in regulations adopted by the department:

      (a) Pass a knowledge test for the type of motor vehicle he operates or expects to operate; and

      (b) Pass a driving skills test for driving a commercial motor vehicle taken in a motor vehicle which is representative of the type of motor vehicle he operates or expects to operate; and

      3.  Comply with all other requirements contained in the regulations adopted by the department pursuant to section 22 of this act.

      Sec. 9.  A person who holds a commercial driver’s license issued in another jurisdiction who wishes to transfer that license to this state must, within 30 days after becoming a resident of this state:

      1.  Apply to the department for a commercial driver’s license; and

      2.  Comply with all other requirements contained in the regulations adopted by the department pursuant to section 22 of this act.

      Sec. 10.  A person who is a resident of a foreign jurisdiction which the Federal Highway Administrator has determined does not test drivers and issue commercial drivers’ licenses in accordance with federal standards and who wishes to be issued a nonresident commercial driver’s license by this state must:

      1.  Apply to the department for a nonresident commercial driver’s license; and

      2.  Comply with all other requirements contained in the regulations adopted by the department pursuant to section 22 of this act.

      Sec. 11.  A person who is a resident of this state for 30 days or more shall not drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.

      Sec. 12.  Except as otherwise provided in section 10 of this act, the department may not issue a commercial driver’s license to a person unless he is a resident of this state.

      Sec. 13.  1.  The department may authorize any person, including an agency of this or another state, or a department, agency or instrumentality of local government to administer any driving skills test required by the provisions of sections 3 to 23, inclusive, of this act, by regulations adopted by the department pursuant to the provisions of section 22 of this act, if:

      (a) The test is the same as that which would otherwise be administered by the department; and

      (b) That person has entered into an agreement with the department which includes provisions that:

             (1) Allow the United States Federal Highway Administration, its representative or the department to conduct random examinations, inspections and audits without prior notice;

             (2) Require the department to conduct onsite inspections not less than annually;

             (3) Require all examiners used by that person to meet the same qualification and training standards established in regulations adopted by the department for examiners employed by the department to give driving skills tests in commercial motor vehicles;


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

ê1989 Statutes of Nevada, Page 1118 (Chapter 531, SB 379)ê

 

             (4)  Require that, not less than annually, employees of the department take the tests administered by that person as if they were actual applicants or that the state retest a sample of drivers who were examined by that person and compare the passage rates; and

             (5) Reserve to the department the right to take prompt and appropriate remedial action against that person if he fails to comply with any standard of this state or the Federal Government relating to the tests required for a commercial driver’s license or with any term of the agreement.

      2.  An applicant for a commercial driver’s license who passes a driving skills test administered pursuant to subsection 1 must provide evidence of that fact to the department to receive credit for having passed that test.

      Sec. 14.  1.  Within 10 days after issuing, transferring, renewing or upgrading any commercial driver’s license, the department shall so notify the commercial driver’s license information system and provide it with such information as it may require regarding the person who holds that license.

      2.  Within 10 days after the disqualification for 60 days or more of a person who holds a commercial driver’s license, or after the suspension, revocation or cancellation of that license, the department shall update its records to reflect that action and shall provide notification of that disqualification, suspension, revocation or cancellation to the commercial driver’s license information system and, if the license was issued by another jurisdiction, to the licensing authority of the jurisdiction which issued the license.

      Sec. 15.  1.  A person who drives or is in actual physical control of a commercial motor vehicle within this state shall be deemed to have given consent to the taking of his blood, urine, breath or other bodily substance for the purpose of testing those substances to determine his alcohol concentration or to detect the presence of a controlled substance in his system.

      2.  The tests may be administered at the direction of a police officer who, after stopping or detaining the driver of a commercial motor vehicle, has an articulable suspicion that the driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his system.

      3.  The police officer shall warn the person requested to submit to a test that if he refuses so to submit he is subject to the penalties established in regulations adopted by the department pursuant to section 22 of this act.

      Sec. 16.  Within 10 days after the conviction of any person who holds a commercial driver’s license issued by another jurisdiction for a violation of a state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed while operating a commercial motor vehicle, the department shall provide notification of the conviction to the licensing authority of the jurisdiction which issued the license.

      Sec. 17.  Notwithstanding any other provision of law to the contrary, the department shall furnish full information regarding the driving record of any person to:

      1.  The driver’s license administrator of any other state or of any province or territory of Canada who requests that information;

      2.  Any employer or prospective employer of that person upon his request and payment of a fee established in regulations adopted by the department; or

      3.  Any insurer upon its request and payment of a fee established in regulations adopted by the department.


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

ê1989 Statutes of Nevada, Page 1119 (Chapter 531, SB 379)ê

 

      Sec. 18.  The department may enter into or make agreements, arrangements or declarations to carry out the provisions of sections 3 to 23, inclusive, of this act.

      Sec. 19.  The department shall give full faith and credit to all convictions entered in another state and treat them for the purpose of imposing penalties pursuant to the regulations adopted by the department pursuant to section 22 of this act, as if they were entered in this state.

      Sec. 20.  Any person who knowingly falsifies any information or certification on an application filed with the department for a commercial driver’s license or learner’s permit is guilty of a misdemeanor and, in addition to any criminal penalty which may be imposed on him, shall be punished as provided in regulations adopted by the department pursuant to section 22 of this act.

      Sec. 21.  Any person who, in accordance with regulations adopted by the department pursuant to section 22 of this act, is disqualified from driving a commercial motor vehicle based on an alcohol concentration level that:

      1.  Does not otherwise constitute grounds for disqualifying him from driving a noncommercial motor vehicle pursuant to the provisions of NRS 484.384, may apply to the department for a noncommercial driver’s license pursuant to the provisions of NRS 483.010 to 483.630, inclusive.

      2.  Also constitutes grounds for disqualifying him from driving a noncommercial motor vehicle pursuant to the provisions of NRS 484.384 may, upon the expiration of the period of disqualification specified in that section, apply to the department for a noncommercial driver’s license pursuant to the provisions of NRS 483.010 to 483.630, inclusive.

      Sec. 22.  The department shall adopt regulations:

      1.  Providing for the issuance, expiration, renewal, suspension, revocation and reinstatement of commercial drivers’ licenses;

      2.  Providing the same exemptions allowed pursuant to federal regulations for farmers, fire fighters, military personnel or any other class of operators or vehicles for which exemptions are authorized by federal law or regulations;

      3.  Specifying the violations which constitute grounds for disqualification from driving a commercial motor vehicle and the penalties associated with each violation;

      4.  Setting forth a schedule of various alcohol concentrations and the penalties which must be imposed if those concentrations are detected in the breath, blood, urine or other bodily substances of a person who is driving, operating or is in physical control of a commercial motor vehicle; and

      5.  Necessary to enable it to carry out the provisions of sections 3 to 23, inclusive, of this act.

The department shall not adopt regulations which are more restrictive than the federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. §§ 2701-2716.

      Sec. 23.  1.  The department shall charge and collect the following fees:

For an original commercial driver’s license which requires the department to administer a knowledge test and a driving skills test........................... $85

For an original commercial driver’s license which requires the department to administer a knowledge test............................................................ 55 For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test and a driving skills test after suspension, revocation, cancellation or disqualification of the license.............................................. 85

 


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

ê1989 Statutes of Nevada, Page 1120 (Chapter 531, SB 379)ê

 

For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test and a driving skills test after suspension, revocation, cancellation or disqualification of the license.................... 85

For reinstatement of a commercial driver’s license which requires the department to administer a knowledge test after suspension, revocation, cancellation or disqualification of the license...................................................................... 55

For the transfer of a commercial driver’s license from another jurisdiction which requires the department to administer a knowledge test and a driving skills test...................................................................................................................... 85

For the transfer of a commercial driver’s license from another jurisdiction which requires the department to administer a knowledge test........................ 55

For a duplicate commercial driver’s license....................................................... 20

For any change of information on a commercial driver’s license................... 10

For each endorsement added after the issuance of an original commercial driver’s license............................................................................................................... 15

      2.  The department shall charge and collect an annual fee of $555 from each person who is authorized by the department to administer a driving skills test pursuant to section 13 of this act.

      3.  An additional charge of $3 must be charged for each knowledge test administered to a person who has twice failed the test.

      4.  An additional charge of $25 must be charged for each driving skills test administered to a person who has twice failed the test.

      Sec. 24.  Notwithstanding the provisions of section 8 of this act, upon passing the knowledge test and meeting all other requirements for licensure except the driving skills test required by paragraph (b) of subsection 2 of section 8 of this act, the department of motor vehicles and public safety shall issue a commercial driver’s license with the appropriate endorsements to each person who is licensed to drive a commercial motor vehicle on January 1, 1990, and who has a satisfactory driving record and driving history, as determined by the department with regard to the applicable federal law and regulations.

      Sec. 25.  1.  For the purpose of adopting regulations, this act becomes effective on July 1, 1989.

      2.  For all other purposes, this act becomes effective on October 1, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1121ê

 

CHAPTER 532, SB 339

Senate Bill No. 339–Committee on Commerce and Labor

CHAPTER 532

AN ACT relating to drugs; revising certain provisions relating to the dispensing of drugs; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 639.0125 is hereby amended to read as follows:

      639.0125  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state;

      2.  A hospital , pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this state; or

      3.  A registered nurse who has been authorized to prescribe poisons, dangerous drugs and devices.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 639.23505 is hereby amended to read as follows:

      639.23505  1.  A practitioner shall not dispense for human consumption any controlled [substances] substance or dangerous [drugs, or both, for profit in the usual course of his professional practice unless he] drug if he charges a patient for that substance or drug, either separately or together with charges for other professional services:

      (a) Unless he first applies for and obtains authorization from the board and pays the required fee [.] ; and

      (b) Without a written prescription.

      2.  Each person to whom authorization is given pursuant to subsection 1 may, if his authorization has not been revoked, renew his authorization biennially upon making application to the board and paying the required renewal fee.

      Sec. 4.  NRS 639.236 is hereby amended to read as follows:

      639.236  1.  All prescriptions filled [in any pharmacy] by a practitioner must be serially numbered and filed in the manner prescribed by regulation of the board. Prescriptions for controlled substances listed in schedule II must be filed separately from other prescriptions or in a readily retrievable manner as the board may provide by regulation. All prescriptions must be retained on file for at least 2 years.

      2.  Each prescription on file must bear the date on which it was originally filled and be personally signed or initialed by the registered pharmacist or practitioner who filled it.

      3.  Files of prescriptions are open to inspection by members, inspectors and investigators of the board and by inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety.


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

ê1989 Statutes of Nevada, Page 1122 (Chapter 532, SB 339)ê

 

      Sec. 5.  NRS 639.2587 is hereby amended to read as follows:

      639.2587  When a generic drug is substituted for a drug prescribed by brand name, the pharmacist or practitioner shall note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription.

      Sec. 6.  NRS 639.2588 is hereby amended to read as follows:

      639.2588  A pharmacist or practitioner shall not dispense by prescription any tablet or capsule, except one which is hypodermic, sublingual or soluble, if it does not have the manufacturer’s product identification code imprinted on it.

      Sec. 7.  NRS 639.2593 is hereby amended to read as follows:

      639.2593  The board shall furnish each [pharmacy] practitioner authorized to dispense drugs in Nevada with a list of all manufacturers who are qualified pursuant to NRS 639.2591. The board shall publish addenda or revised lists at least quarterly.

      Sec. 8.  NRS 639.2595 is hereby amended to read as follows:

      639.2595  A pharmacist or practitioner who selects a drug for substitution assumes no greater civil liability than he assumes by filling the prescription with the drug under its brand name.

      Sec. 9.  NRS 639.2597 is hereby amended to read as follows:

      639.2597  A pharmacist or practitioner who proposes to make any substitution must have made use of a list of biologically equivalent drugs which is published by the United States Food and Drug Administration.

      Sec. 10.  NRS 639.2599 is hereby amended to read as follows:

      639.2599  1.  Each [pharmacy] practitioner who dispenses drugs shall prominently display at or near the place where prescriptions are dispensed the following information in block letters not less than 1 inch in height:

 

       STATE LAW ALLOWS A LESS EXPENSIVE BIOLOGICALLY EQUIVALENT DRUG TO BE SUBSTITUTED FOR A DRUG DESIGNATED BY A TRADE OR BRAND NAME IF IT IS AVAILABLE AND UNLESS YOUR PHYSICIAN REQUESTS OTHERWISE.

 

      2.  The information required by subsection 1 may be combined with the notice required by NRS 639.28025.

      Sec. 11.  NRS 639.2801 is hereby amended to read as follows:

      639.2801  Unless specified to the contrary in writing on the prescription by the prescribing practitioner, all prescriptions filled [in any pharmacy] by any practitioner must be dispensed in a container to which is affixed a label or other device which clearly shows:

      1.  The date;

      2.  The name, address and prescription serial number of the [pharmacy;] practitioner who filled the prescription;

      3.  The names of the prescribing practitioner and of the person for whom prescribed;

      4.  The number of dosage units;

      5.  Specific directions for use given by the prescribing practitioner;


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

ê1989 Statutes of Nevada, Page 1123 (Chapter 532, SB 339)ê

 

      6.  The expiration date of the effectiveness of the drug or medicine dispensed, if [such] that information is required on the original label of the manufacturer of [such] that drug or medicine;

      7.  The proprietary or generic name of the drug or medicine as written by the prescribing practitioner; and

      8.  The strength of [such] the drug or medicine,

and contains the warning:

 

       Caution: Do not use with alcohol or nonprescribed drugs without consulting the prescribing practitioner.

 

      Sec. 12.  NRS 639.2802 is hereby amended to read as follows:

      639.2802  Prescription price information [shall] must be made available , upon request, by a pharmacist [upon request.] or practitioner who dispenses drugs.

      Sec. 13.  NRS 639.28025 is hereby amended to read as follows:

      639.28025  [In every pharmacy there must be posted] Every practitioner who dispenses drugs shall post on the premises in a place conspicuous to customers and easily accessible and readable by customers a notice, provided by the board, advising customers that a price list of drugs and professional services is available to them upon request.

      Sec. 14.  NRS 639.2805 is hereby amended to read as follows:

      639.2805  1.  A pharmacist or practitioner is not subject to any penalty for filling a prescription for a substance licensed for manufacture in this state if the prescription is issued to a patient by his physician.

      2.  It a substance licensed for manufacture in this state has not been approved as a drug by the Food and Drug Administration, the label or other device affixed to its container must so state and the label must further state that the State of Nevada has not approved the substance.

      Sec. 15.  NRS 639.2806 is hereby amended to read as follows:

      639.2806  A parenteral solution which is utilized by a patient in his home or in a facility for the dependent or a medical facility, other than a hospital as defined in NRS 449.012, may only be sold or dispensed:

      1.  By a registered pharmacist or a practitioner;

      2.  If the date of expiration is on its label; and

      3.  If a practitioner, registered pharmacist or a registered nurse is available at all times for immediate assistance to the patient in case of any pharmaceutical problems encountered in its use.

      Sec. 16.  NRS 639.2807 is hereby amended to read as follows:

      639.2807  1.  Any parenteral which needs to be compounded in this state before distribution for use in a home or a facility for the dependent or a medical facility, other than a hospital as defined in NRS 449.012, must be compounded, packaged and labeled:

      (a) By a registered pharmacist in a pharmacy or a practitioner licensed in this state, if those services are readily available. The [pharmacy] practitioner shall ensure that the parenterals are delivered to the patient and are not available for use after the date of expiration.

      (b) Pursuant to regulations adopted by the board if those services are not so readily available.


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

ê1989 Statutes of Nevada, Page 1124 (Chapter 532, SB 339)ê

 

      2.  In order to maintain the stability of parenteral solutions and to prevent their contamination and that of the personnel of the [pharmacy,] practitioner, the board shall adopt regulations, to include:

      (a) The procedures for the compounding, packaging, replacement and disposal of parenteral solutions;

      (b) The conditions under which [these] those solutions must be prepared, stored and delivered;

      (c) The equipment required for the preparation, sterilization and storage of [these] those solutions and the maintenance and cleaning of [this] that equipment; and

      (d) The procedures for the proper disposal of any material used in the preparation of [these] those solutions.

      Sec. 17.  NRS 639.281 is hereby amended to read as follows:

      639.281  1.  Any person who secures or attempts to secure registration for himself or any other person by making, or causing to be made, any false representation or who fraudulently represents himself to be a registered pharmacist or practitioner is guilty of a misdemeanor.

      2.  Any certificate issued by the board on information later found to be false or fraudulent [shall] must be automatically canceled by the board.

      Sec. 18.  NRS 639.2815 is hereby amended to read as follows:

      639.2815  Any pharmacist or practitioner who knowingly submits to the state or any of its political subdivisions or any agent thereof, a charge or claim for drugs or medical supplies furnished to or for any person receiving medical care under any program of public assistance, which is false or which is in excess of any amount [duly] established by law or regulations [promulgated] adopted by the department of human resources or by the governing body of any political subdivision, as the price or fee for the furnishing of [such drug] those drugs or medical supplies, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.

      Sec. 19.  NRS 639.282 is hereby amended to read as follows:

      639.282  1.  Except as otherwise provided in NRS 639.267, it is unlawful for any person to have in his possession, or under his control, for the purpose of resale, or to sell or offer to sell or dispense or give away, any pharmaceutical preparation, drug or chemical which:

      (a) Has been dispensed pursuant to a prescription or chart order and has left the control of a registered pharmacist [;] or practitioner;

      (b) Has been damaged or subjected to damage by heat, smoke, fire or water, or other cause which might reasonably render it unfit for human or animal use;

      (c) Has been obtained through bankruptcy or foreclosure proceedings, or other court action, auction or other legal or administrative proceedings, except when the pharmaceutical preparation, drug or chemical is in the original sealed container;

      (d) Is no longer safe or effective for use, as indicated by the expiration date appearing on [the label thereof;] its label; or

      (e) Has not been properly stored or refrigerated as required by [the label thereof.] its label.


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

ê1989 Statutes of Nevada, Page 1125 (Chapter 532, SB 339)ê

 

      2.  The provisions of subsection 1 do not apply if the person in whose possession the pharmaceutical preparation, drug or chemical is found also has in his possession a valid and acceptable certification of analysis attesting to the purity and strength of the pharmaceutical preparation, drug or chemical and attesting to the fact that it can be safely and effectively used by humans or animals. [No such] The preparation, drug or chemical [may] must not be sold or otherwise disposed of until the certification [above referred to] required by this subsection has been presented to and approved by the board.

      3.  In the absence of conclusive proof that the preparation, drug or chemical can be used safely and effectively by humans or animals, it must be destroyed under the direct supervision of a member or inspector of the board.

      Sec. 20.  NRS 639.283 is hereby amended to read as follows:

      639.283  Any person who [, while on duty in a pharmacy licensed by the board,] sells, dispenses or compounds any prescription, or sells any drug or poison while under the influence of intoxicating liquor or any depressant drug or controlled substance, unless taken pursuant to a physician’s prescription, is guilty of a misdemeanor.

      Sec. 21.  NRS 639.2845 is hereby amended to read as follows:

      639.2845  1.  A pharmacist or practitioner is not subject to any penalty for dispensing or selling without a prescription oral doses of procaine hydrochloride with preservatives and stabilizers (Gerovital H3) manufactured in this state.

      2.  A pharmacist or practitioner who dispenses or sells procaine hydrochloride with preservatives and stabilizers (Gerovital H3) pursuant to this section without a prescription shall maintain a register of persons to whom it was dispensed or sold. The register must contain:

      (a) The name and address of the person to whom it was sold or dispensed;

      (b) The amount sold or dispensed and the date;

      (c) The signature of the person to whom it was sold or dispensed; and

      (d) The signature of the dispenser, who must be a registered pharmacist or a registered intern pharmacist acting under the direct and immediate supervision of a registered pharmacist [.] or practitioner.

      Sec. 22.  NRS 639.287 is hereby amended to read as follows:

      639.287  1.  When called upon by a member, inspector or investigator of the board, the owner or manager of any [pharmacy or other store retailing] premises on which drugs, medicines or poisons are sold at retail or a wholesaler or manufacturer of drugs shall furnish the member, inspector or investigator with the name of [the owner or owners, manager or managers, partners or corporation officers and all employees] each owner, manager, partner, officer of the corporation and employee, together with a statement of the capacity in which each of [these] those persons is employed or the extent to which each is engaged in the operation of the licensed establishment.

      2.  Any person who refuses to furnish [this] that information or willfully furnishes false information is guilty of a misdemeanor.

      Sec. 23.  NRS 453.256 is hereby amended to read as follows:

      453.256  1.  Except [when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no] as otherwise provided in subsection 2, a controlled substance in schedule II [may] must not be dispensed without the written prescription of a practitioner.


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

ê1989 Statutes of Nevada, Page 1126 (Chapter 532, SB 339)ê

 

      2.  In emergency situations, as defined by regulation of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner. Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the dispensing pharmacy. Prescriptions must be retained in conformity with the requirements of NRS 453.246. No prescription for a schedule II substance may be refilled.

      3.  [Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a] A controlled substance included in schedules III or IV must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner.

      4.  A controlled substance must not be distributed or dispensed other than for a medical purpose.

      5.  A practitioner shall not knowingly issue a false or misleading prescription.

      6.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 24.  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 practitioner shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, 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;

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases 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 issued pursuant to the provisions of NRS 450B.200 or 450B.210 to stock ambulances or other authorized vehicles or replenish the stock; or

      (f) A pharmacy in a correctional institution 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.

      Sec. 25.  NRS 454.286 is hereby amended to read as follows:

      454.286  1.  Every retail pharmacy, hospital, laboratory, wholesaler, manufacturer, or any practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.


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

ê1989 Statutes of Nevada, Page 1127 (Chapter 532, SB 339)ê

 

of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.

      2.  The records must be retained for a period of 2 years and are open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration.

      3.  Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.

      4.  For the purpose of this section, the:

      (a) Prescription files of a pharmacy; and

      (b) Federally required forms completed by a distributor or manufacturer who distributes samples of dangerous drugs,

constitute a record of the disposition of all dangerous drugs.

      5.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 26.  NRS 454.291 is hereby amended to read as follows:

      454.291  1.  All stock and records of purchase and disposition of any dangerous drug of a manufacturer, wholesaler, pharmacy, practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members are at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug Administration, and agents and commissioners appointed [under] pursuant to chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. [Such] The records must be preserved for at least [5] 2 years from the date of making.

      2.  Any person who fails, neglects or refuses to maintain [such] those records or who, when called upon by an authorized officer to produce [such] those records, fails, neglects or refuses to produce [such records,] them, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.

      Sec. 27.  NRS 454.301 is hereby amended to read as follows:

      454.301  1.  [A] Except as otherwise provided in subsection 2, a practitioner who dispenses drugs and who personally furnishes his own patients with such drugs as are necessary in the treatment of the condition for which he attends [such] a patient [may] shall not do so without writing a prescription [if:

      (a) He] unless the drugs so furnished are:

      (a) Not charged for, either separately or together with charges for other professional services, and the practitioner keeps accurate records, as required by NRS 454.286, of all drugs so furnished;

      (b) [The drugs so furnished are clearly] Clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use, the name and strength and the expiration date of the effectiveness of the drug, if [such] that information is required on the original label of the manufacturer of [such] that drug; and

      (c) [Such drugs are not] Not dispensed or furnished:

             (1) By a nurse or attendant; or

             (2) In violation of a regulation adopted by the board.


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

ê1989 Statutes of Nevada, Page 1128 (Chapter 532, SB 339)ê

 

      2.  A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of [such a] the rancher or dealer, and when furnishing [such] those drugs the veterinarian is not required to comply with the provisions of subsection 1, except for subparagraph (2) of paragraph (c).

      Sec. 28.  Sections 4 and 25 of this act become effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 533, SB 218

Senate Bill No. 218–Committee on Finance

CHAPTER 533

AN ACT relating to public employees’ retirement; authorizing a post-retirement increase for certain persons who are receiving small benefits; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 286.5765 is hereby amended to read as follows:

      286.5765  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.  An employee who retired before September 1, 1975, with 20 or more years of credit for service, whose gross benefit is less than $500 per month must be paid an increase in an amount which would make his gross benefit $500 per month or an increase of $200 per month, whichever is less. [A] If a person receiving a benefit under option 3 or 5 as the beneficiary of an employee who retired before September 1, 1975, with 20 or more years of credit for service, [if the beneficiary] is receiving less than $250 per month, he must be paid an increase in an amount which would make his gross benefit $250 per month or an increase of $100 per month, whichever is less.

      3.  An employee who retired with 20 or more years of credit for service, who had reached the age for full retirement eligibility without reduction for age at the time of retirement and whose gross benefit as of July 1, 1989, is less than $550 per month, must be paid an increase in an amount which would make his gross benefit $550 per month or an increase of $100 per month, whichever is less. If a person receiving a benefit under option 3 or 5 as the beneficiary of an employee who retired with 20 or more years of credit for service and had reached the age for full retirement eligibility without reduction for age at the time of retirement, is receiving a gross benefit as of July 1, 1989, of less than $275 per month, he must be paid an increase in an amount which would make his gross benefit $275 per month or an increase of $50 per month, whichever is less.

      4.  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.


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

ê1989 Statutes of Nevada, Page 1129 (Chapter 533, SB 218)ê

 

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 the increases provided in this section must be paid. If the money in that account is insufficient to pay those increases, the amount needed must be provided by the system.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 534, SB 149

Senate Bill No. 149–Committee on Finance

CHAPTER 534

AN ACT relating to prisoners’ funds; repealing the offenders’ employment fund and combining its assets with the prisoners’ personal property fund; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 290.225 is hereby amended to read as follows:

      209.225  The director shall deposit the offenders’ store fund [and the offenders’ employment fund] with the state treasurer for investment. The interest and income earned upon [these funds,] the fund, after deducting any applicable charges, must be credited to the [funds] fund and may only be disbursed as authorized by the legislature.

      Sec. 2.  NRS 209.241 is hereby amended to read as follows:

      209.241  1.  The director may accept money , including the net amount of any wages earned during the incarceration of an offender after any deductions made by the director, and valuables belonging to [offenders] an offender at the time of [their] his incarceration or afterward received by gift, inheritance or the like [, for safekeeping pending their releases,] or earned during the incarceration of an offender and shall deposit the money in the prisoners’ personal property fund, which is hereby created as a trust fund. [He shall]

      2.  The director:

      (a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the board relating to the money and valuables as may be required from time to time.

      (b) May permit withdrawals for immediate expenditure by an offender for personal needs.


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

ê1989 Statutes of Nevada, Page 1130 (Chapter 534, SB 149)ê

 

      (c) Shall pay over to each offender upon his release any remaining balance in his individual account.

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

      Sec. 3.  NRS 209.4837 is hereby amended to read as follows:

      209.4837  Once the director determines that a claim for restitution is valid or, absent a claim, that restitution voluntarily offered by the offender can be made, the director shall attempt to negotiate and enter into an agreement with the offender which provides for an assignment to the department of all wages which the offender earns:

      1.  To make restitution payments to the victims of any crime for which the offender is incarcerated;

      2.  To reimburse the department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and

      3.  For his own account to the [offenders’ employment] prisoners’ personal property fund.

The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated who have filed valid claims with the director or, absent any claims, to whom the director determines restitution voluntarily offered by the offender can be made. The payments may be made subject to such terms as the director considers advisable.

      Sec. 4.  NRS 209.4841 is hereby amended to read as follows:

      209.4841  1.  The director shall arrange for all earnings of an offender assigned to a center to be paid directly from the employer of the offender to the department.

      2.  The department shall:

      (a) From the wages of an offender who has been paroled:

             (1) Deduct the amount for housing, transportation, meals and medical and dental services determined under NRS 209.4831; and

             (2) Distribute any remainder to the offender.

      (b) From the wages of any other offender:

             (1) Deduct the amount for housing, transportation, meals and medical and dental services determined under NRS 209.4831;

             (2) Distribute any amount required by the schedule of restitution payments; and

             (3) Deposit any remainder to the offender’s account in the [offenders’ employment] prisoners’ personal property fund,

in that order or priority.

      Sec. 5.  Section 3 of Assembly Bill No. 389 of this session is hereby amended to read as follows:

       Sec. 3.  NRS 209.4837 is hereby amended to read as follows:

       209.4837  Once the director determines that [a claim for restitution is valid or, absent a claim, that] restitution voluntarily offered by the offender can be made, the director shall attempt to negotiate and enter into an agreement with the offender which provides for an assignment to the department of all wages the offender earns:


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

ê1989 Statutes of Nevada, Page 1131 (Chapter 534, SB 149)ê

 

       1.  To make restitution payments to the victims of any crime for which the offender is incarcerated [;] and for which an amount of restitution was set pursuant to NRS 176.033;

       2.  To reimburse the department in part for its costs in providing the offender housing, transportation, meals and medical and dental services at the center, if applicable; and

       3.  For his own account to the prisoners’ personal property fund.

The agreement must contain a schedule of restitution payments to be made to all victims of crimes for which the offender is incarcerated [who have filed valid claims with the director or, absent any claims, to whom the director determines restitution voluntarily offered by the offender can be made.] and for which an amount of restitution was set pursuant to NRS 176.033. The payments may be made subject to such terms as the director considers advisable.

      Sec. 6.  NRS 209.215 is hereby repealed.

      Sec. 7.  At the close of the 1988-89 fiscal year, the state controller shall transfer the assets and liabilities of the offenders’ employment fund abolished by section 6 of this act to the prisoners’ personal property fund.

      Sec. 8.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 535, AB 919

Assembly Bill No. 919–Committee on Transportation

CHAPTER 535

AN ACT relating to traffic laws; authorizing a peace officer to issue a citation at the scene of an accident if an investigation indicates that a person has violated the motor carrier laws; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.801 is hereby amended to read as follows:

      484.801  Except for felonies and those offenses set forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 484.791, a peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in NRS 484.799, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the accident when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter or of chapter 482, 483, 485 , [or] 486 or 706 of NRS in connection with the accident.

 

________


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

ê1989 Statutes of Nevada, Page 1132ê

 

CHAPTER 536, AB 917

Assembly Bill No. 917–Assemblyman Gibbons (by request)

CHAPTER 536

AN ACT relating to traffic laws; prohibiting the operation of any motor vehicle, except an authorized emergency vehicle, equipped with a system or device that causes the head lamps of a vehicle to continue to flash alternately or simultaneously while the system or device is activated; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.787 is hereby amended to read as follows:

      484.787  1.  Except as provided in NRS 484.789, authorized emergency vehicles publicly owned and operated in the performance of the duty of:

      (a) A police or fire department.

      (b) A sheriff’s office.

      (c) The Nevada highway patrol.

      (d) The division of forestry of the department of conservation and natural resources in responding to a fire.

      (e) A public ambulance agency.

      (f) A public lifeguard or lifesaving agency.

      2.  A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff’s office or traffic law enforcement department, is an authorized emergency vehicle if:

      (a) The vehicle has a permit, pursuant to NRS 484.789, from the department;

      (b) The person operates the vehicle in responding to emergency calls or fire alarms, or at the request of the Nevada highway patrol or in the pursuit of actual or suspected violators of the law; and

      (c) The state, county or city does not furnish a publicly owned vehicle for the purposes stated in paragraph (b).

      3.  Every authorized emergency vehicle must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren must be in compliance with standards approved by the department. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.

      4.  An authorized emergency vehicle may be equipped with a system or device that causes the upper-beam head lamps of the vehicle to continue to flash alternately while the system or device is activated. The driver of a vehicle that is so equipped may use the system or device when responding to an emergency call or fire alarm, while escorting a funeral procession, or when in pursuit of an actual or suspected violator of the law. As used in this subsection, “upper-beam head lamp” means a head lamp or that part of a head lamp which projects a distribution of light or composite beam meeting the requirements of subsection 1 of NRS 484.587.


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

ê1989 Statutes of Nevada, Page 1133 (Chapter 536, AB 917)ê

 

      5.  Except as otherwise provided in subsection 4, a person shall not operate a motor vehicle with any system or device that causes the head lamps of the vehicle to continue to flash alternately or simultaneously while the system or device is activated. This subsection does not prohibit the operation of a motorcycle equipped with any system or device that modulates the intensity of light produced by the head lamp of the motorcycle, if the system or device is used only during daylight hours and conforms to the requirements of 49 C.F.R. § 571.108.

      6.  A person shall not operate a vehicle with any lamp or device displaying a red light visible from directly in front of the center of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.

      [5.] 7.  A person shall not operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.

 

________

 

 

CHAPTER 537, AB 913

Assembly Bill No. 913–Assemblyman Wisdom

CHAPTER 537

AN ACT relating to adoption; requiring that copies of certain orders and decrees be submitted to the welfare division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 127.120 is hereby amended to read as follows:

      127.120  1.  A petition for adoption of a child [shall] must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the welfare division of the department of human resources, which shall make an investigation and report as hereinafter provided. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the welfare division. A copy of the order waiving the investigation must be sent to the nearest office of the welfare division by the petitioners within 7 days after the order is issued.

      2.  The welfare division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The welfare division or the designated agency shall, [prior to] before the date on which the child [shall have] has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever [date] is later, submit to the court a full written report of its findings, which [shall] must contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court [may require.]


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

ê1989 Statutes of Nevada, Page 1134 (Chapter 537, AB 913)ê

 

information regarding the child or proposed home which the court [may require.] requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit a report.

      3.  If the court is dissatisfied with the report submitted by the welfare division, the court may order an independent investigation to be conducted and a report submitted by [such agency or person as the court may select.] an agency or person selected by the court. The costs of [such] the investigation and report may be assessed against the petitioner or charged against the county [wherein] in which the adoption proceeding is pending.

      Sec. 2.  NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption [shall] must be made and filed, ordering that henceforth the child [shall be] is the child of the petitioners. A copy of the order or decree must be sent to the nearest office of the welfare division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption [shall] may be made until after the child [shall have] has lived for a period of 6 months in the home of the petitioners.

      2.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

 

________

 

 

CHAPTER 538, AB 912

Assembly Bill No. 912–Committee on Judiciary

CHAPTER 538

AN ACT relating to wire communications; authorizing district courts of the state to issue orders for the use of pen registers or trap and trace devices; providing immunity to public utilities that use pen registers, or trap and trace devices in accordance with those orders; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 179 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  District courts of this state may issue orders authorizing the use of a pen register or trap and trace device upon the application of a district attorney, the attorney general or their deputies, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions exist on July 1, 1989.

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

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

      (b) Investigators, agents, officers and employees of the division of investigation of the department of motor vehicles and public safety who have the powers of peace officers pursuant to NRS 481.230.


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

ê1989 Statutes of Nevada, Page 1135 (Chapter 538, AB 912)ê

 

      (c) Policeman of cities and towns.

      3.  A public utility that relies, in good faith, upon an order of a district court authorizing the use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the use of the pen register or trap and trace device in accordance with the order of the court.

 

________

 

 

CHAPTER 539, AB 893

Assembly Bill No. 893–Committee on Judiciary

CHAPTER 539

AN ACT relating to judgments; revising the provisions governing execution on and security for the satisfaction of judgments; requiring notice to judgment debtors and defendants of the attachment or garnishment of their property; specifying the contents of the notice; requiring that the notice include a list of exempt property and an explanation of the procedure for claiming the exemptions; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 21 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to section 3 of this act and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       A court has determined that you owe money to .....................................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.


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ê1989 Statutes of Nevada, Page 1136 (Chapter 539, AB 893)ê

 

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile home or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,000.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ......................................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      Sec. 3.  The notice required by section 2 of this act must be served by the sheriff on the judgment debtor by regular mail at his last known address or, if he is represented by an attorney, at the attorney’s office. The service must be mailed by the next business day after the day the writ of execution was served.


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ê1989 Statutes of Nevada, Page 1137 (Chapter 539, AB 893)ê

 

      Sec. 4.  NRS 21.112 is hereby amended to read as follows:

      21.112  1.  In order to claim exemption of any property levied on, the judgment debtor [shall, within 5 days after the levy,] must, within 8 days after the notice prescribed in section 2 of this act is mailed, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out his claim of exemption. The clerk of the court shall provide the form for the affidavit.

      2.  When [such] the affidavit is served, the sheriff shall release the property if the judgment creditor, within 5 days after written demand by the sheriff [fails] :

      (a) Fails to give the sheriff an undertaking executed by two good and sufficient sureties which:

      [(a)] (1) Is in a sum equal to double the value of the property levied on; and

      [(b)] (2) Indemnifies the judgment debtor against loss, liability, damages, costs and [counsel] attorney’s fees by reason of the taking, withholding or sale of [such] the property by the sheriff [.] ; or

      (b) Fails to file a motion for a hearing to determine whether the property or money is exempt.

The clerk of the court shall provide the form for the motion.

      3.  At the time of giving the sheriff the undertaking provided for in subsection 2, the judgment creditor shall give notice of the undertaking to the judgment debtor.

      4.  The sheriff [shall not be] is not liable to the judgment debtor for damages by reason of the taking, withholding or sale of any property, where:

      (a) No affidavit claiming exemption is served on him; or

      (b) An affidavit claiming exemption is served on him, but the sheriff fails to release the property in accordance with this section.

      5.  The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

      6.  The judgment creditor shall give the judgment debtor at least 5 days’ notice of the hearing.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 21.120 is hereby amended to read as follows:

      21.120  1.  If personal property, including debts or credits due or to become due, is not in the possession or control of the debtor, the sheriff, upon instructions from the creditor and without requiring an order of court, shall serve a writ of garnishment in aid of execution upon the party in whose possession or control the property is found. Notice of the writ of garnishment must be served upon the judgment debtor in the same manner and form and within the time prescribed in sections 2 and 3 of this act for property levied upon by writ of execution.

      2.  If any property levied upon by writ of execution or by writ of garnishment in aid of execution is claimed by a third person as his property, the same rules [shall] prevail as to the contents and making of the claim, as to the holding of the property and as to a hearing to determine title thereto, as in the case of a claim after levy under writ of attachment, as provided for by law.


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ê1989 Statutes of Nevada, Page 1138 (Chapter 539, AB 893)ê

 

      Sec. 7.  NRS 21.130 is hereby amended to read as follows:

      21.130  1.  Before the sale of property on execution, notice [thereof shall] of the sale, in addition to the notice required pursuant to sections 2 and 3 of this act, must be given as follows:

      [1.  Perishable property.]

      (a) In cases of perishable property, by posting written notice of the time and place of sale in [3] three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

      [2.  Other personal property.]

      (b) In case of other personal property, by posting a similar notice in [3] three public places of the township or city where the sale is to take place, not less than 5 nor more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there [be] is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.

      [3.  Real property.]

      (c) In case of real property, by [personal] :

             (1) Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor [and by posting] ;

             (2) Posting a similar notice particularly describing the property, for 20 days successively, in [3] three public places of the township or city where the property is situated and [also] where the property is to be sold; and [also by publishing]

             (3) Publishing a copy of the notice three times, once [a] each week, for 3 successive weeks, in a newspaper, if there [be] is one in the county. The cost of publication [shall in no case] must not exceed the rate for legal advertising as provided in NRS 238.070. [In any case where the paper] If the newspaper authorized by this section to publish [such] the notice of sale neglects or refuses from any cause to make [such] the publication, then the posting of notices as provided in this section shall be deemed sufficient notice. [Notices] Notice of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, [shall] must be given only by posting in [3] three public places in the county, [1] one of which [shall be posted at] must be the courthouse.

      2.  The sheriff shall not conduct a sale of the property on execution or deliver the judgment debtor’s property to the judgment creditor if the judgment debtor has not been properly notified as required in this section and sections 2 and 3 of this act.

      Sec. 8.  NRS 21.140 is hereby amended to read as follows:

      21.140  1.  An officer selling without the notice prescribed by NRS 21.130 [shall forfeit] and sections 2 and 3 of this act forfeits $500 to the aggrieved party, in addition to his actual damages.

      2.  A person willfully taking down or defacing the notice posted [,] pursuant to NRS 21.130, if done before the sale or , if the judgment is satisfied before sale, before the satisfaction of the judgment [if the judgment be satisfied before sale, shall forfeit] , forfeits $500 to the aggrieved party.


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ê1989 Statutes of Nevada, Page 1139 (Chapter 539, AB 893)ê

 

      Sec. 9.  Chapter 31 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in section 3 of this act.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       Plaintiff, ............................. (name of person,) alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,000.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ..........................


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ê1989 Statutes of Nevada, Page 1140 (Chapter 539, AB 893)ê

 

assistance through .......................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

       If you received this notice with a notice of hearing for attachment and you believe the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

 

      Sec. 10.  NRS 31.024 is hereby amended to read as follows:

      31.024  If the plaintiff’s application is for an order directing the clerk to issue a writ of attachment after notice and hearing, and the plaintiff’s affidavit, alone or as supplemented by additional evidence received by the court, meets the requirements of subsection 2 of NRS 31.020, the court shall issue an order directed to the debtor to show cause why the order for attachment should not be issued. [Such order shall:] The order must:

      1.  Fix the date and time for hearing on the order, which [shall] must not be set sooner than 3 days after the service of the order.

      2.  Direct the time within which service of the order [shall] must be made upon the defendant or his attorney.

      3.  Fix the manner in which service of the order [shall] must be made, which may be by personal service upon the defendant or service upon his attorney. If such service cannot be made, service may be by publication or in such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.


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ê1989 Statutes of Nevada, Page 1141 (Chapter 539, AB 893)ê

 

such a manner as the court determines is reasonably calculated to afford notice to the defendant under the circumstances set forth in the plaintiff’s affidavit.

      4.  State that the debtor [has] :

      (a) Is entitled to certain exemptions, describe those exemptions in the manner set forth in subsection 2 of section 9 of this act and explain that he may claim an exemption if it appears that exempt property may be seized;

      (b) Has the right to file affidavits on his behalf [and may] ; and

      (c) May appear personally or by way of an attorney, and present testimony on his behalf at the time of hearing.

      5.  State that if the defendant fails to appear he shall be deemed to have waived his right to the hearing and that in such case the court may order the clerk to issue a writ of attachment.

      Sec. 11.  NRS 31.060 is hereby amended to read as follows:

      31.060  [The] Subject to the requirements of section 9 of this act, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:

      1.  Real property must be attached by leaving a copy of the writ with the occupant [thereof,] of the property or, if there is no occupant, by posting a copy in a conspicuous place [thereon,] on the property and filing a copy, together with a description of the property attached, with the recorder of the county.

      2.  Except as otherwise provided in subsection 7 of NRS 104.8317, personal property must be attached:

      (a) By taking it into immediate custody; or

      (b) By placing a keeper in charge of a going business where [such] the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.

      3.  Any mobile home, as defined in NRS 40.215, must be attached by:

      (a) Posting a copy of the writ in a conspicuous place [thereon;] on the mobile home;

      (b) Taking it into immediate custody; or

      (c) Placing a keeper in charge of the mobile home for [a period of] 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:

             (1) During which period, the defendant may continue to occupy the mobile home; and

             (2) After which period, the sheriff shall take the mobile home into his immediate custody unless other disposition is made by the court or the parties to the action.

      4.  Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.

      Sec. 12.  NRS 31.260 is hereby amended to read as follows:

      31.260  1.  The writ of garnishment [shall:] must:


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ê1989 Statutes of Nevada, Page 1142 (Chapter 539, AB 893)ê

 

      (a) Be issued by the sheriff.

      (b) Contain the name of the court and the names of the parties.

      (c) Be directed to the garnishee defendant.

      (d) State the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address.

      (e) Summon [such person or each of such persons as the court may direct,] each person the court directs, as garnishees, to appear before the court [wherein such] in which the action is pending by filing an answer to the [garnishee] interrogatories within 20 days after service of the writ upon him.

      2.  The writ of garnishment [shall] must also notify the garnishee defendant that, [in case of his failure] if he fails to answer the [garnishee] interrogatories, a judgment by default will be rendered against him for the amount demanded in the writ of garnishment, or the value of the property described [therein] in the writ as the case may be, which amount or property [shall] must be clearly set forth in the writ of garnishment.

      3.  Execution on the writ of garnishment may occur only if the sheriff mails a copy of the writ with a copy of the notice of execution to the defendant in the manner and within the time prescribed in section 3 of this act. In the case of a writ of garnishment that continues for 120 days or until the amount demanded in the writ is satisfied, a copy of the writ and the notice of execution need only be mailed once to the defendant.

      Sec. 13.  NRS 31.290 is hereby amended to read as follows:

      31.290  1.  The interrogatories to the garnishee may be in substance as follows:

 

INTERROGATORIES

 

      Are you in any manner indebted to the defendants, .....................................................

.......................................................................................................................................................

.......................................................................................................................................................

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

      Answer: .................................................................................................................................

.......................................................................................................................................................

      Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which ....[he] .... is interested? If so, state its value, and state fully all particulars.

      Answer...................................................................................................................................

.......................................................................................................................................................

      Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ....[h].... or in which ....[he].... is interested, and now in the possession or under the control of others? If so, state particulars.

      Answer: .................................................................................................................................

.......................................................................................................................................................


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ê1989 Statutes of Nevada, Page 1143 (Chapter 539, AB 893)ê

 

      State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

      Answer: .................................................................................................................................

.......................................................................................................................................................

                                                                                .......................................................................

                                                                                                           Garnishee

      I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.

                                                                                .......................................................................

                                                                                               (Signature of garnishee)

      SUBSCRIBED and SWORN to before me this ......... day of ......................., 19.....

 

      2.  The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.

      Sec. 14.  NRS 31.291 is hereby amended to read as follows:

      31.291  1.  Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:

      (a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing the debts, or having in its possession or under its control the credits or other personal property.

      (b) If the bank has branches or military facilities owing the debts or having in its possession or under its control the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on that officer or agent does not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.

      (c) If the bank has a trust department owing the debts or having in its possession or under its control the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.

      2.  Debts and credits due or to become due from a savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by the savings and loan association must be garnished by serving the writ of garnishment in [like] the same manner as upon banks [under] pursuant to subsection 1.

      3.  A garnishment [under] pursuant to this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid.


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ê1989 Statutes of Nevada, Page 1144 (Chapter 539, AB 893)ê

 

the amount of an account unless the item is returned unpaid. Money in the accounts that the garnishee has declared under oath and in answers to interrogatories to be exempt from execution is not included in the amount of the account.

      4.  No garnishment may occur until the defendant has been served with the notice of execution in substantially the form prescribed in section 9 of this act and in the manner prescribed in section 3 of this act.

      Sec. 15.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Execution on the writ of restitution may occur only if the sheriff serves the judgment debtor with notice of the execution and a copy of the writ in the manner described in section 3 of this act. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions. The clerk of the court shall attach the notice to the writ at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be in the form and served in the manner provided for execution on judgments pursuant to sections 2 and 3 of this act.

      Sec. 16.  NRS 40.420 is hereby amended to read as follows:

      40.420  1.  The writ of restitution issued by a justice of the peace [shall] must be substantially in the following form:

The State of Nevada to the sheriff or constable of the county of .........................., greeting: Whereas, A.B., of the county of ........................, at a court of inquiry of an unlawful holding over of (lands) (tenements) (a mobile home), and other possessions, held at my office (stating the place), in the county aforesaid, on the .......... day of ..............., A.D. ....., before me, a justice of the peace for the county aforesaid, by the consideration of the court, has recovered judgment against C.D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause [the said] C.D. to be immediately removed from the [aforesaid] premises, and [the said] A.B. to have peaceable restitution of the [same; and you] premises. You are also commanded that of the goods and chattels of [the said] C.D., within said county, which are not exempt from execution, you cause to be made the sum of .......... dollars for the [said] plaintiff, together with the costs of suit endorsed hereon, and make return [hereof] of this writ within 30 days [from] after this date. Given under my hand, this ...... day of ........., A.D. ....... E.F., justice of the peace.

      2.  The sheriff or constable shall execute the writ in the same manner as required by the provisions of chapter 21 of NRS for writs of execution.

      Sec. 17.  NRS 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this state may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant....................................................................................... $7.50 For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile .......................................................................            1.00

 


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ê1989 Statutes of Nevada, Page 1145 (Chapter 539, AB 893)ê

 

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile ...........                  1.00

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which he is authorized to take a bond or undertaking....................................................................                  3.00

For a copy of any writ, process or other paper, when demanded or required by law, for each page.........................................................................                  1.00

For serving every notice, rule or order...............................................                  6.00

For serving a subpena, for each witness summoned.......................                  6.00

For traveling, per mile in serving subpenas, or a venire, in going only, for each mile..................................................................................................                  1.00

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons.....................................                  6.00

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper.....................................................................................                  4.00

For issuing each certificate of sale of property on execution or order of sale, and for filing a duplicate thereof with the county recorder, which must be collected from the party receiving the certificate....................                  5.00

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof...........                10.00

For serving a writ of possession or restitution, putting any person into possession entitled thereto........................................................                10.00

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile                   ......................................................................................................... 1.00

For mailing a notice of a writ of execution .....................................                 1.00

 

The sheriff may charge and collect $1 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $16.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.


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ê1989 Statutes of Nevada, Page 1146 (Chapter 539, AB 893)ê

 

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justices’ courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

      6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his county on or before the 5th working day of the month next succeeding the month in which the fees are collected.

      Sec. 18.  Section 10 of Assembly Bill No. 247 of this session is hereby amended to read as follows:

       Sec. 10.  NRS 31.290 is hereby amended to read as follows:

       31.290  1.  The interrogatories to the garnishee may be in substance as follows:

 

 

INTERROGATORIES

 

      Are you in any manner indebted to the defendants ..................................................... ,

.......................................................................................................................................................

...................................................................................................................................................... ,

or either of them, either in property or money, and is the debt now due? If not due, when is the debt to become due? State fully all particulars.

      Answer: .................................................................................................................................

.......................................................................................................................................................

      Are you an employer of one or all of the defendants? If so, state the length of your pay period and the amount each defendant presently earns during a pay period.

      Answer...................................................................................................................................

.......................................................................................................................................................

      Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of the defendants, or either of them, or in which .................................is interested? If so, state its value, and state fully all particulars.


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

ê1989 Statutes of Nevada, Page 1147 (Chapter 539, AB 893)ê

 

      Answer...................................................................................................................................

.......................................................................................................................................................

      Do you know of any debts owing to the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ................ or in which .....................is interested, and now in the possession or under the control of others? If so, state particulars.

      Answer: .................................................................................................................................

.......................................................................................................................................................

      State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.

      Answer: .................................................................................................................................

.......................................................................................................................................................

                                                                                .......................................................................

                                                                                                           Garnishee

      I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.

                                                                                .......................................................................

                                                                                               (Signature of garnishee)

      SUBSCRIBED and SWORN to before me this ......... day of ......................., 19.....

 

      2.  The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.

      Sec. 19.  Section 1 of Assembly Bill No. 167 of this session is hereby amended to read as follows:

       Section 1.  NRS 31.060 is hereby amended to read as follows:

       31.060  Subject to the requirements of section 9 of [this act,] Assembly Bill No. 893 of this session, the sheriff to whom the writ is directed and delivered shall execute it without delay, and if the undertaking mentioned in NRS 31.040 is not given, as follows:

       1.  Real property must be attached by leaving a copy of the writ with the occupant of the property or, if there is no occupant, by posting a copy in a conspicuous place on the property and filing a copy, together with a description of the property attached, with the recorder of the county.

       2.  Except as otherwise provided in subsection 7 of NRS 104.8317, personal property must be attached:

       (a) By taking it into immediate custody [; or] , and, if directed by the plaintiff, using the services of any company which operates a tow car, as defined in NRS 706.131, or common motor carrier, as defined in NRS 706.036, to transport it for storage in a warehouse or storage yard that is insured or bonded in an amount not less than the full value of the property; or

       (b) By placing a keeper in charge of a going business where the property is located, with the plaintiff prepaying the expense of the keeper to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.


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

ê1989 Statutes of Nevada, Page 1148 (Chapter 539, AB 893)ê

 

to the sheriff, during which period, the defendant, by order of the court or the consent of the plaintiff, may continue to operate in the ordinary course of business at his own expense if all sales are for cash and the full proceeds are paid to the keeper for the purpose of the attachment.

If the property is stored pursuant to paragraph (a), the property must be segregated from other property and marked by signs or other appropriate means indicating that it is in the custody of the sheriff.

       3.  Any mobile home, as defined in NRS 40.215, must be attached by:

       (a) Posting a copy of the writ in a conspicuous place on the mobile home;

       (b) Taking it into immediate custody [;] , subject to the provisions of subsection 2; or

       (c) Placing a keeper in charge of the mobile home for 2 days, with the plaintiff prepaying the expense of the keeper to the sheriff:

       (1) During which period, the defendant may continue to occupy the mobile home; and

       (2) After which period, the sheriff shall take the mobile home into his immediate custody , subject to the provisions of subsection 2, unless other disposition is made by the court or the parties to the action.

       4.  Debts and credits, due or to become due, and other personal property in the possession or under the control of persons other than the defendant must be attached by service of a writ of garnishment as provided in NRS 31.240 to 31.460, inclusive.

      Sec. 20.  Section 11 of Assembly Bill No. 247 is hereby repealed.

      Sec. 21.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 540, AB 878

Assembly Bill No. 878–Committee on Transportation

CHAPTER 540

AN ACT relating to motor vehicles; authorizing the director of the department of motor vehicles and public safety to issue license plates to commemorate the 125th anniversary of Nevada’s admission into the Union; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The director may order the design and preparation of license plates which commemorate the 125th anniversary of Nevada’s admission into the Union and establish the procedures for the application and issuance of the plates.

      2.  The department may designate any colors, numbers and letters for the commemorative plates.


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

ê1989 Statutes of Nevada, Page 1149 (Chapter 540, AB 878)ê

 

      3.  A person who is entitled to license plates pursuant to NRS 482.265 may apply for commemorative license plates.

      4.  The fee for the commemorative license plates is $10, in addition to all other applicable registration and license fees and motor vehicle privilege taxes. If a person is eligible for and applies for any special license plates issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.368 or 482.370 to 482.320, inclusive, and applies to have those special license plates combined with commemorative plates, the person must pay the fees for the special license plates in addition to the fee for the commemorative plates.

      5.  In addition to all fees for the license, registration and privilege taxes, a person who is eligible for and applies for commemorative plates must pay $25 for the celebration of the 125th anniversary of Nevada’s admission into the Union. The fees for the license, registration, privilege taxes and the charge for the celebration may be paid with a single check.

      6.  Commemorative plates are renewable upon the payment of $10.

      7.  If during a registration year, the holder of commemorative plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, he may retain the plates and:

      (a) Within 30 days after removing the plates from the vehicle, return them to the department; or

      (b) Affix them to another vehicle which meets the requirements of this section if the transfer and registration fees are paid as is provided for in this chapter. A person who transfers plates must be allowed a 1/12 reduction in fees for each calendar month remaining unused from the previous registration.

      8.  Except as otherwise provided by subsection 10, if a commemorative license plate or set of license plates issued pursuant to the provisions of this section is lost, stolen or mutilated, the owner of the vehicle may secure a replacement license plate or set of replacement license plates, as the case may be, from the department for a fee of $10.

      9.  The department shall, for each set of commemorative license plates that it issues:

      (a) Deposit the $25 collected for the celebration of the 125th anniversary of Nevada’s admission into the Union with the state treasurer for credit to the account for Nevada’s 125th anniversary in the state general fund;

      (b) Deposit $7.50 with the state treasurer for credit to the motor vehicle fund pursuant to the provisions of NRS 482.180; and

      (c) Deposit $2.50 with the state treasurer for credit to the registration division of the department of motor vehicles and public safety to reimburse the division for the cost of manufacturing the license plates.

      10.  The department shall not:

      (a) Issue the commemorative license plates after October 31, 1990.

      (b) Issue replacement commemorative license plates after June 30, 1995.

      Sec. 2.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. Except as otherwise provided [in NRS 484.3791,] by a specific statute, all money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.


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

ê1989 Statutes of Nevada, Page 1150 (Chapter 540, AB 878)ê

 

      2.  The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.

      3.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

      4.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.

      5.  The privilege tax collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City..........            1.07 percent                                Lincoln..................         3.12 percent

Churchill...............            5.21 percent                                Lyon......................         2.90 percent

Clark......................          22.54 percent                                Mineral.................         2.40 percent

Douglas................            2.52 percent                                Nye........................          4.09 percent

Elko.......................          13.31 percent                                Pershing...............         7.00 percent

Esmeralda.............            2.52 percent                                Storey...................         .19 percent

Eureka...................            3.10 percent                                Washoe................         12.24 percent

Humboldt.............            8.25 percent                                White Pine...........         5.66 percent

Lander...................            3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of NRS 482.181.

      6.  As commission to the state for collecting the privilege tax on vehicles subject to the provisions of this chapter and chapter 706 of NRS, the department is entitled to retain 1 percent of the privilege tax collected by a county assessor and 6 percent of the other privilege tax collected.

      7.  When the requirements of this section have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 3.  NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section, every vehicle, except one which is registered pursuant to NRS 706.801 to 706.861, inclusive, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this state.

      2.  Every vehicle registered by an agent of the department must be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.

      3.  Upon the application of the owner of a fleet of vehicles, the director may permit such an owner to register his fleet on the basis of a calendar year.

      4.  When the registration of any vehicle is transferred pursuant to NRS 482.3667 , section 1 of this act or 482.399, the expiration date of a regular license plate or plates, commemorative license plate or plates, special license plate of plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:


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

ê1989 Statutes of Nevada, Page 1151 (Chapter 540, AB 878)ê

 

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the department; or

      (b) The day after the transfer in all other cases,

and a credit on the portion of the fee for registration and privilege tax attributable to the remainder of the current period of registration allowed according to the applicable provisions of NRS 482.3667 , section 1 of this act and 482.399.

      Sec. 4.  NRS 482.270 is hereby amended to read as follows:

      482.270  1.  [The] Except as otherwise provided in section 1 of this act, the director shall order the preparation of motor vehicle license plates with no other colors than blue and silver. The director may substitute white in place of silver when no suitable material is available.

      2.  The director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      3.  Every license plate must have displayed upon it:

      (a) The registration number (or combination of letters and numbers) assigned to the vehicle and to the owner thereof;

      (b) The name of the state, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      4.  The letters I and Q must not be used in the designation.

      5.  [All] Except as otherwise provided by section 1 of this act, all letters and numbers must be of the same size.

      Sec. 5.  NRS 482.2705 is hereby amended to read as follows:

      482.2705  1.  The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.

      2.  Every license plate assigned to a passenger car or truck must contain:

      (a) A space for the name of a county or other identification; and

      (b) [A] Except as otherwise provided by section 1 of this act, a designation which consists of a group of three numerals followed by a group of three letters.

      3.  Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.

 

________


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

ê1989 Statutes of Nevada, Page 1152ê

 

CHAPTER 541, AB 870

Assembly Bill No. 870–Committee on Transportation

CHAPTER 541

AN ACT relating to drivers’ licenses; requiring a license to bear the mailing address of the licensee; eliminating under certain circumstances the fee and examination requirement for a licensee to reinstate his revoked or suspended license; prescribing a penalty for a person who drives while his license is indefinitely suspended; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The department shall upon payment of the required fee issue to every qualified applicant [qualifying therefor] a driver’s license indicating the type or class of vehicles the licensee may drive. The license must bear [thereon] a unique number assigned to the licensee pursuant to NRS 483.345, the licensee’s social security number, if he has one, unless he requests that it not appear on the license, the full name, date of birth, [residence] mailing address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature [with pen and] in ink immediately upon receipt of the license. [No] A license is not valid until it has been so signed by the licensee.

      2.  The department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the investigation division of the department while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity and agents of the state gaming control board while engaged in investigations pursuant to NRS 463.140. No such license may be issued for use by any federal agent or investigator under any circumstances. An application for such a license must be made through the head of the police or sheriff’s department, the chief of the investigation division or the chairman of the state gaming control board. Such a license is exempt from the fees required by NRS 483.410. The department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      3.  Information pertaining to the issuance of a driver’s license under subsection 2 is confidential.

      4.  It is unlawful for any person to use a driver’s license issued under subsection 2 for any purpose other than the special investigation for which it was issued.

      5.  A person may attach to his driver’s license any document which identifies him as a donor of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive, and sections 2 to 11, inclusive, of [this act.] Assembly Bill No. 226 of this session.

      Sec. 2.  NRS 483.480 is hereby amended to read as follows:

      483.480  1.  The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon written notice of at least 5 days to the licensee require him to submit to an examination.


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

ê1989 Statutes of Nevada, Page 1153 (Chapter 541, AB 870)ê

 

written notice of at least 5 days to the licensee require him to submit to an examination. Upon the conclusion of [such] the examination the department shall take action as may be appropriate and may suspend or revoke the license of [such] the person or permit him to retain [such] the license, or may issue a license subject to restrictions as permitted under NRS 483.360 or restrictions as to the type or class of vehicles that may be driven. Refusal or neglect of the licensee to submit to [such] the examination is grounds for suspension or revocation of his license.

      2.  Except as otherwise provided in subsection 3 [,] or 4, the department shall require that a licensee submit to the examination provided in NRS 483.330 as a condition of reinstatement or reissuance, after any suspension or revocation of his license.

      3.  The department may waive the portion of the examination required by subsection 2 which consists of an actual demonstration of ability to exercise control in the operation of a motor vehicle if the suspension or revocation was for other than the poor performance of the driver.

      4.  Except for the suspension of a driver’s license pursuant to subsection 3 of NRS 483.465, the department shall not charge an additional fee or require an additional examination for the reinstatement of a revoked or suspended license if the additional fee or examination arises out of the same offense for which the license was previously revoked or suspended and the driver has previously reinstated his license after that offense.

      Sec. 3.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor.

      2.  If the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months, and by a fine of not less than $500 nor more than $1,000. No person who is punished under this subsection may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.

      3.  Any term of confinement imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of confinement must be served within 6 months after the date of conviction, and any segment of time the person is confined must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed under this section and NRS 484.3792 or 484.3794 must run consecutively.


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

ê1989 Statutes of Nevada, Page 1154 (Chapter 541, AB 870)ê

 

      5.  The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was:

      (a) Suspended shall extend the period of the suspension for an additional like period.

      (b) Revoked shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.

      (d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and 1 year for each subsequent violation.

Suspensions and revocations under this section must run consecutively.

      Sec. 4.  Section 1 of this act becomes effective at 12:02 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 542, AB 864

Assembly Bill No. 864–Committee on Ways and Means

CHAPTER 542

AN ACT relating to state government; authorizing the issuance of general obligation bonds to pay for the cost of acquiring and paving certain property, acquiring an office building and remodeling the legislative building; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary for the acquisition and paving of property for an additional parking lot for the legislative building, for the acquisition of an office building for use by the legislature and its staff and for the related remodeling of the legislative building, in the face amount of not more than $6,800,000.

      2.  The bonds may be issued at one time or from time to time.

      3.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

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

 

________


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

ê1989 Statutes of Nevada, Page 1155ê

 

CHAPTER 543, AB 853

Assembly Bill No. 853–Assemblyman Gaston

CHAPTER 543

AN ACT relating to education; authorizing the state board of education to accept and use gifts and grants to contract for the writing, publishing and distribution of a book for children on the history of this state; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The state board of education may:

      1.  Accept gifts and grants in a total amount not to exceed $70,000 for the purpose of enabling it to contract with the Nevada historical society for the writing, publishing and distribution of a text concerning the history of Nevada to be used by children in grades 3, 4 and 5, where applicable. The Nevada historical society in the writing of the text shall consult with a seven-member advisory committee comprised of one historian and six teachers who instruct the history of Nevada at the elementary grade level.

      2.  If it receives sufficient money from those gifts and grants, contract with the Nevada historical society as described in subsection 1 and spend the money in accordance with the terms of the contract.

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

 

________

 

 

CHAPTER 544, AB 852

Assembly Bill No. 852–Committee on Ways and Means

CHAPTER 544

AN ACT relating to welfare services; providing that the parents of a child who is committed to the custody of the welfare division of the department of human resources are liable for the costs of care provided to the child by the division; deleting the requirement that the welfare division provide care to certain handicapped children; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 422.270 is hereby amended to read as follows:

      422.270  [1.] The department through the welfare division shall:

      [(a)] 1.  Administer all public welfare programs of this state, including:

             [(1)] (a) State supplementary assistance provided in connection with the supplemental security income program;

             [(2)] (b) Aid to dependent children;

             [(3)] (c) Child welfare services;

             [(4)] (d) Services to the aged, blind or disabled;

             [(5)] (e) Assistance to the medically indigent; and

             [(6) Such other]


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

ê1989 Statutes of Nevada, Page 1156 (Chapter 544, AB 852)ê

 

      (f) Other welfare activities and services [as now are or hereafter may be authorized or] provided for by the laws of this state.

      [(b)] 2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in [paragraph (a).

      (c)] subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of [such] methods of administration [as may be] found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the [department to fulfill the terms] welfare division in carrying out the provisions of this chapter.

      [2.  The department through the welfare division shall:

      (a)] 4.  Make regulations, subject to the approval of the board, for the administration of this chapter which are binding upon all recipients and local units.

      [(b)] 5.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting [such needs, employing or contracting for such] those needs and employ or contract for personnel and services [as may be provided through] supported by legislative appropriations from the state general fund or [may become available through legislatively authorized or new] money from federal or other sources.

      [(c)] 6.  Make all investigations required by a court in adoption proceedings as provided by law.

      [(d)] 7.  Establish reasonable minimum standards and regulations for foster homes, and shall license foster homes as provided by law.

      [(e)] 8.  Provide services and care to children [, shall receive any child for placement, and shall provide for their care directly or through agents.

      (f) Have the power to enter] as provided by law.

      9.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care [.

      (g)] , when deemed necessary or convenient by the administrator.

      10.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

      Sec. 2.  Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The parents of a child placed in the custody of the welfare division pursuant to the provisions of this chapter or chapter 62 or 432B of NRS are liable to the welfare division for the cost of maintenance and special services provided to the child.

      2.  The state welfare board shall, by regulation, establish reasonable schedules for the repayment of money owed by parents pursuant to subsection 1. The schedules must be based on the income and other resources of the parents.


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

ê1989 Statutes of Nevada, Page 1157 (Chapter 544, AB 852)ê

 

      3.  The welfare division may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

      4.  If a parent refuses to pay the welfare division for money owed under this section, the welfare division may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

      5.  All money collected pursuant to this section must be deposited with the state treasurer for credit to the state child welfare services account.

      Sec. 3.  NRS 432.020 is hereby amended to read as follows:

      432.020  The welfare division shall:

      1.  Provide, to the extent that support is not otherwise ordered by a court pursuant to chapter 432B of NRS, maintenance and special services to:

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) [Handicapped children who are receiving specialized care, training or education.

      (c)] Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions, but payment for children who are placed in the northern Nevada children’s home or the southern Nevada children’s home must be made in accordance with the provisions of NRS 423.210. If any child is to be placed in the custody of the welfare division, pursuant to any order of a court or request made by a person or agency other than the welfare division, this order or request may be issued or made only after an opportunity for a hearing has been given to the welfare division after 3 days’ notice, or upon request of the welfare division.

      2.  Except as otherwise provided in chapter 432B of NRS for an abused or neglected child, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days [from] after the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.

      3.  Accept money from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.

 

________


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

ê1989 Statutes of Nevada, Page 1158ê

 

CHAPTER 545, AB 842

Assembly Bill No. 842–Committee on Judiciary

CHAPTER 545

AN ACT relating to gaming; revising the provisions concerning the administration of fees for gaming licenses; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.370 is hereby amended to read as follows:

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

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

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

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

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

      3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. The payment of the fee due for the first full calendar month of operation based on the gross revenue derived from gambling pursuant to this section must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount prepays the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance payment.

      4.  All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on such premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of such license fees.

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


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

ê1989 Statutes of Nevada, Page 1159 (Chapter 545, AB 842)ê

 

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

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

Interest must be computed at the rate of 1 percent per month from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.

      6.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the fees are prepaid, as established in subsection 2.

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

      8.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

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

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

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

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 546, AB 833

Assembly Bill No. 833–Committee on Taxation

CHAPTER 546

AN ACT relating to taxation; increasing the penalty for and allowing public disclosure of certain information regarding certain violations relating to the sales and use tax; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 372.420 is hereby amended to read as follows:

      372.420  If any part of the deficiency for which a deficiency determination is made due to fraud or an intent to evade this chapter or authorized regulations, a penalty of [25] :

      1.  Three times the amount of the determination must be added to it if the determination was made with respect to the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft.

      2.  Twenty-five percent of the amount of the determination must be added to it [.] in all other cases.

      Sec. 2.  NRS 372.450 is hereby amended to read as follows:

      372.450  If the failure of any person to file a return is due to fraud or intent to evade this chapter or authorized regulations, a penalty of [25] :

      1.  Three times the amount required to be paid by the person, exclusive of penalties, must be added to it, in addition to the 10 percent penalty provided in NRS 372.435, if the return was not filed with respect to the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft.


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

ê1989 Statutes of Nevada, Page 1160 (Chapter 546, AB 833)ê

 

this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft.

      2.  Twenty-five percent of the amount required to be paid by the person, exclusive of penalties, must be added to it , in addition to the 10 percent penalty provided in NRS 372.435 [.] , in all other cases.

      Sec. 3.  NRS 372.750 is hereby amended to read as follows:

      372.750  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or officer or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular of them, set forth or disclosed in any return, or to permit any return or copy of a return, or any book containing any abstract or particulars of it to be seen or examined by any person not connected with the department.

      2.  The commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The governor may, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      5.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      6.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty pursuant to NRS 372.420 or 372.450 for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the tax commission, any member of the tax commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

      Sec. 4.  NRS 374.425 is hereby amended to read as follows:

      374.425  If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade this chapter or authorized [rules and] regulations, a penalty of [25] :

      1.  Three times the amount of the determination must be added to it if the determination was made with respect to the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft.

      2.  Twenty-five percent of the amount of the determination [shall] must be added [thereto.] to it in all other cases.


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

ê1989 Statutes of Nevada, Page 1161 (Chapter 546, AB 833)ê

 

      Sec. 5.  NRS 374.455 is hereby amended to read as follows:

      374.455  If the failure of any person to file a return is due to fraud or intent to evade this chapter or [rules and] authorized regulations, a penalty of [25] :

      1.  Three times the amount required to be paid by the person, exclusive of penalties, must be added to it, in addition to the 10 percent penalty provided in NRS 374.440, if the return was not filed with respect to the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft.

      2.  Twenty-five percent of the amount required to be paid by the person, exclusive of penalties, [shall] must be added [thereto] to it, in addition to the 10 percent penalty provided in NRS 374.440 [.] , in all other cases.

      Sec. 6.  NRS 374.755 is hereby amended to read as follows:

      374.755  1.  Except as otherwise provided in this section, it is a misdemeanor for any member of the Nevada tax commission or official or employee of the department to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the department.

      2.  The commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.

      3.  The governor may, however, by general or special order, authorize examination of the records maintained by the department under this chapter by other state officers, by tax officers of another state, by the Federal Government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor may not be made public except to the extent and in the manner that the order may authorize that it be made public.

      4.  Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.

      5.  Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.

      6.  At any time after a determination, decision or order of the executive director or other officer of the department imposing upon a person a penalty pursuant to NRS 374.425 or 374.455 for fraud or intent to evade the tax imposed by this chapter on the sale, storage, use or other consumption of any vehicle, vessel or aircraft becomes final or is affirmed by the tax commission, any member of the tax commission or officer or employee of the department may publicly disclose the identity of that person and the amount of tax assessed and penalties imposed against him.

 

________


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

ê1989 Statutes of Nevada, Page 1162ê

 

CHAPTER 547, AB 813

Assembly Bill No. 813–Committee on Education

CHAPTER 547

AN ACT relating to education; providing for the conditional and reciprocal licensing of teachers and other educational personnel; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 391.027, the commission shall consider and may adopt regulations to provide for:

      (a) The issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this state.

      (b) The reciprocal licensure of educational personnel from other states.

      2.  A person who is issued a conditional license must complete all courses of study and other requirements for a license in this state which is not conditional within 3 years after the date on which a conditional license is issued.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 548, AB 790

Assembly Bill No. 790–Committee on Labor and Management

CHAPTER 548

AN ACT relating to industrial insurance; allowing the payment of a lump sum for a permanent partial disability for certain persons; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.607 is hereby amended to read as follows:

      616.607  1.  Except as otherwise provided in section 2 of [this act,] Assembly Bill No. 103 of this session, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.


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

ê1989 Statutes of Nevada, Page 1163 (Chapter 548, AB 790)ê

 

equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, [1987,] 1981, who incurs a disability that exceeds 25 percent may elect to receive his compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

      2.  If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:

      (a) His right to reopen his claim according to the provisions of NRS 616.545; and

      (b) Any services for counseling, training or rehabilitation provided by the insurer.

The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.

      3.  Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability [.] unless the claimant received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605, actuarial annuity tables adopted by the department and a rate of interest equal to the rate provided for civil judgments in NRS 17.130. The tables must be reviewed annually by a consulting actuary. This subsection does not apply to a claimant who received compensation in installment payments for his permanent partial disability before electing to receive his payment for that disability in a lump sum.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.

 

________


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

ê1989 Statutes of Nevada, Page 1164ê

 

CHAPTER 549, AB 789

Assembly Bill No. 789–Committee on Government Affairs

CHAPTER 549

AN ACT relating to cities; changing the terms of certain officers upon the organization or change in classification of certain cities; providing that certain city offices may be appointive; requiring primary city elections in cities of the second class only if provided by city ordinance; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 266.080 is hereby amended to read as follows:

      266.080  1.  When any city now existing under a special charter is organized under the provisions of this chapter, or by proclamation of the governor [,] becomes a city of the second class, or when any city of the second class becomes a city of the first class, the officers then in office continue to be officers of the city :

      (a) If the change in classification results in a change in the number of municipal wards in the city, until the next city election [,] ; or

      (b) In all other cases, until the expiration of their elected terms,

and until their successors are elected and qualified.

      2.  When new territory is organized as a city, by petition and election of officers, the officers first elected serve until the next city election, and until their successors are elected and qualified.

      Sec. 2.  NRS 266.405 is hereby amended to read as follows:

      266.405  1.  In addition to the mayor and city council, there [may be elected] must be in each city of the first or second class a city clerk, a city treasurer, or if those offices are combined pursuant to subsection 3, a city clerk and treasurer, a municipal judge and a city attorney. The offices of city clerk, city treasurer, municipal judge and city attorney may be either elective or appointive offices, as provided by city ordinance. All elective officers shall hold their respective offices for 4 years and until their successors are elected and qualified, except that cities of the third class may by ordinance provide that the mayor and city councilmen must be elected and hold office for 2 years.

      2.  In each city of the first or second class in which the officers are appointed pursuant to ordinance, the mayor, by and with the advice and consent of the city council, shall appoint all of the officers. The officers shall hold their respective offices at the pleasure of the mayor and city council.

      3.  In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and [such] those appointive officers shall hold their respective offices during the pleasure of the mayor and city council.

      [3.] 4.  The governing body of a city may provide by ordinance [,] for the office of city clerk and the office of city treasurer to be combined into the office of city clerk and treasurer.

      Sec. 3.  NRS 266.410 is hereby amended to read as follows:

      266.410  Except as otherwise provided in subsection [3] 4 of NRS 266.405 for the clerk and treasurer, in cities of the first and second class, [no] a mayor, councilman, clerk, auditor, attorney or treasurer shall not hold any other office under the city government during his term of office.


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

ê1989 Statutes of Nevada, Page 1165 (Chapter 549, AB 789)ê

 

a mayor, councilman, clerk, auditor, attorney or treasurer shall not hold any other office under the city government during his term of office.

      Sec. 4.  NRS 293.620 is hereby amended to read as follows:

      293.620  1.  A primary city election must be held in each city of the first [and second classes] class, and in each city of the second class which has so provided by ordinance, on the [1st] first Tuesday after the [1st] first Monday in May of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  A candidate for any office to be voted for at the primary city election must file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the date of the primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee in an amount fixed by the city council by ordinance. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If in the primary city election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate his name alone must be placed on the ballot for the general city election. If in the primary city election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

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

 

________

 

 

CHAPTER 550, AB 787

Assembly Bill No. 787–Committee on Government Affairs

CHAPTER 550

AN ACT relating to employees of local governments; resolving an ambiguity concerning whether the transfer of an employee is within the scope of mandatory bargaining between a local government employer and an employee organization; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.


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

ê1989 Statutes of Nevada, Page 1166 (Chapter 550, AB 787)ê

 

      2.  The scope of mandatory bargaining is limited to:

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence.

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or work week.

      (h) Total number of day’s work required of an employee in a work year.

      (i) Discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) The policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in work force.

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) [The] Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation work load factors, except for safety considerations;

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.


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

ê1989 Statutes of Nevada, Page 1167 (Chapter 550, AB 787)ê

 

provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

      6.  This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

 

________

 

 

CHAPTER 551, AB 756

Assembly Bill No. 756–Assemblymen Dini and Sader

CHAPTER 551

AN ACT relating to statutes; designating Nevada Revised Statutes as the official codified version of statutes of Nevada; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.170 is hereby amended to read as follows:

      200.170  1.  The master copy of Nevada Revised Statutes, as printed and bound in accordance with NRS 220.130, [shall] must contain a certificate of the director of the statute revision commission that he has compared each section thereof with the original section of the enrolled bill by which Nevada Revised Statutes was adopted and enacted, and that the sections in the published edition are correctly copied. All other printed and bound copies of Nevada Revised Statutes [shall] must contain a copy of the certificate.

      2.  Each set of replacement or supplementary pages, prepared in accordance with NRS 220.160 and published [prior to] before January 1, 1963, for inclusion in the master copy of Nevada Revised Statutes, [shall] must be accompanied by a certificate of the director of the statute revision commission, and each set published after January 1, 1963, by a certificate of the legislative counsel, that he has compared each section thereof with the original section of the enrolled bill, and that, with the exception of the changes authorized by law, the sections set forth in the replacement or supplementary pages are correctly copied. All other sets of replacement or supplementary pages [shall] must be accompanied by a copy of the certificate. All such certificates [shall] must be inserted in the bound copies of Nevada Revised Statutes in chronological order immediately following the initial certificate of the director.


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

ê1989 Statutes of Nevada, Page 1168 (Chapter 551, AB 756)ê

 

      3.  Copies of Nevada Revised Statutes, as printed, published, revised, supplemented and certified in accordance with this chapter, constitute the official codified version of statutes of Nevada and may be cited as prima facie evidence of the law in all of the courts of this state. [Such] That evidence may be rebutted by proof that the [same] statutes cited differ from the official statutes of Nevada.

      4.  Nevada Revised Statutes and its component parts may be cited as follows:

      (a) Nevada Revised Statutes: NRS

      (b) A Title: Title 00 of NRS

      (c) A chapter: chapter 000 of NRS

      (d) A section: NRS 000.000

 

________

 

 

CHAPTER 552, AB 748

Assembly Bill No. 748–Assemblymen Wisdom, Swain, Evans, Myrna Williams, Freeman, McGinness, Chowning, Wendell Williams, Thompson, Schofield, Sedway, McGaughey, Bergevin and Spinello

CHAPTER 552

AN ACT relating to chiropractors; clarifying certain terms; revising certain provisions regarding injunctive relief for unlicensed actions; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Chiropractic adjustment” means the application of a precisely controlled force applied by hand or mechanical device to a specific focal point of the anatomy for the sole purpose of creating a specific angular movement in skeletal articulations to eliminate or decrease interference with neural transmission and correct or attempt to correct subluxation complex.

      Sec. 3.  “Subluxation complex” means a biomechanical skeletal misalignment or dysfunction in a part of the body which results in aberrant nerve transmission and expression.

      Sec. 4.  NRS 634.010 is hereby amended to read as follows:

      634.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634.012 to 634.018, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 634.105 is hereby amended to read as follows:

      634.105  1.  An applicant for a license to practice chiropractic who has the qualifications prescribed in NRS 634.090 may, while waiting to take the board’s examination but for no longer than 2 years, perform chiropractic, but not including chiropractic adjustment or manipulation, under the direct supervision of a chiropractor who is professionally and legally responsible for the applicant’s performance.


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ê1989 Statutes of Nevada, Page 1169 (Chapter 552, AB 748)ê

 

      2.  As used in this section, “manipulation” means an application of a resistive movement by applying a nonspecific force, without the use of a thrust, which is directed into a region and not into a focal point of the anatomy.

      Sec. 6.  NRS 634.208 is hereby amended to read as follows:

      634.208  1.  In addition to any other remedy provided by law, the board, through its president, secretary or its attorney, or the attorney general, may [apply to] bring an action in any court of competent jurisdiction to enjoin any [unlicensed] person who does not hold a license issued by the board from practicing chiropractic or representing himself to be a chiropractor.

      2.  The court in a proper case may issue [a temporary restraining order or a preliminary] an injunction for such purposes [:

      (a) Without] without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure . [; and

      (b) Pending proceedings for disciplinary action by the board. These proceedings must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.] The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227.

 

________

 

 

CHAPTER 553, AB 738

Assembly Bill No. 738–Assemblyman Nevin

CHAPTER 553

AN ACT relating to vehicle registration; eliminating the credit on taxes and fees for the registration of a vehicle by a nonresident owner; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.385 is hereby amended to read as follows:

      482.385  1.  Except as otherwise provided in subsection 4, section 2 of [this act] chapter 339, Statutes of Nevada 1989, and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration license plate issued for the vehicle in the place of residence of the owner, may operate or permit the operation of the vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.

      2.  This section does not:

      (a) Prohibit the use of manufacturers’, distributors’ or dealers’ license plates issued by any state or county by any nonresident in the operation of any vehicle on the public highways of this state.


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

ê1989 Statutes of Nevada, Page 1170 (Chapter 553, AB 738)ê

 

      (b) Require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.

      3.  When a person, formerly a nonresident, becomes a resident of this state, he shall, within 45 days after becoming a resident, apply for the registration of any vehicle which he owns and which is operated in this state.

      4.  Any resident operating a motor vehicle upon a highway of this state which is owned by a nonresident and which is furnished to the resident operator for his continuous use within this state, shall cause the vehicle to be registered within 45 days after beginning its operation within this state.

      5.  A person registering a vehicle pursuant to the provisions of subsection 3, 4 or 6 of this section or pursuant to NRS 482.390 must be assessed the registration fees and privilege tax, as required by the provisions of this chapter and chapter 371 of NRS. He must not be allowed credit on these taxes and fees for the unused months of his previous registration. [The fee provided in subsection 4 of NRS 482.480 must not be prorated. Those fees that are to be prorated will be prorated based upon Nevada registration fees and privilege taxes and reduced by one-twelfth for each month remaining on the registration period in the state of former residence.]

      6.  If a vehicle is used in this state for a gainful purpose, the owner shall immediately apply to the department for registration, except as provided in NRS 482.390, 482.395 and 706.801 to 706.861, inclusive.

      7.  An owner registering a vehicle under the provisions of this section shall surrender the existing nonresident license plates and registration certificates to the department for cancellation.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 554, AB 736

Assembly Bill No. 736–Committee on Labor and Management

CHAPTER 554

AN ACT relating to the employment security department; clarifying the limitation on the use of records of the department by a claimant or an employing unit; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.


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

ê1989 Statutes of Nevada, Page 1171 (Chapter 554, AB 736)ê

 

for the proper presentation of his claim in any proceeding under this chapter. A claimant or an employing unit is not entitled to information from the records of the employment security department for any other purpose.

      3.  Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of an unemployment compensation law, public assistance law, workman’s compensation or labor law, or the maintenance of a system of public employment offices;

      (b) Any state of local agency for the enforcement of child support; or

      (c) The Internal Revenue Service of the Department of the Treasury.

Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the appropriate number of employees employed by each employer to the commission on economic development for its use in developing and diversifying the economic interests of this state.

      5.  Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient’s rights to further benefits under this chapter.

      6.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the executive director that he furnish, from the records of the employment security department, the name, address and place of employment of any person listed in the records of employment of the department. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the executive director shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      7.  The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

      8.  If an employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits under this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.


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

ê1989 Statutes of Nevada, Page 1172 (Chapter 554, AB 736)ê

 

under this chapter uses or permits the use of the list for any political purpose, he is guilty of a gross misdemeanor.

      9.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

 

________

 

 

CHAPTER 555, AB 719

Assembly Bill No. 719–Assemblymen McGinness, Dini and Marvel

CHAPTER 555

AN ACT relating to irrigation districts; expanding the right to vote in any election held in the district; revising the formula for calculating the number of votes to which each elector is entitled; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 539.020 is hereby amended to read as follows:

      539.020  1.  A majority in number of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source or combined sources, and by the same system or combined systems of works, may propose the organization of an irrigation district [under] pursuant to this chapter [; but the holders of title or evidence of title shall hold such] if they hold title or evidence of title to at least one-half part of the total area of the land in the proposed district . [, and in] In computing the total area in [such] the proposed district, the public domain of the United States of America, excepting any portion thereof held by entrymen [under] pursuant to any law of the United States, [shall] must be excluded.

      2.  Every signer of a petition for the organization of an irrigation district [shall] must be the holder of title or evidence of title to [at least 5 acres of] land within the proposed district. The holder [or holders] of a bona fide contract to purchase [at least 5 acres of] land, having been in the actual possession thereof at least 1 year [under the terms of such] pursuant to the contract, and whose [names appear] name appears upon the preceding equalized county assessment roll for the payment of taxes of [such] the land, shall be deemed the holder [or holders] of title thereto for all of the purposes of this chapter.

      3.  The equalized county assessment roll next preceding the presentation of a petition for the organization of an irrigation district [shall be] is sufficient evidence of title for the purpose of this chapter, but other evidence may be received, including receipts or other evidence of rights of entrymen on land [under] pursuant to any law of the United States . [, and such entrymen shall be] These entrymen are competent signers of [such] the petition and the land on which they have made entries shall, for the purpose of the petition, be [considered as] deemed to be owned by them.


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

ê1989 Statutes of Nevada, Page 1173 (Chapter 555, AB 719)ê

 

[considered as] deemed to be owned by them. [Such entrymen shall] The entrymen share all the privileges and obligations of freeholders and owners of private land within the district [, under the several provisions of] pursuant to this chapter, including the right to vote and hold office, subject to the terms of the Act of Congress entitled “An Act to promote the reclamation of arid lands,” approved August 11, 1916, being c. 319, 39 Stat. 506, also designated as 43 U.S.C. §§ 621-630.

      Sec. 2.  NRS 539.123 is hereby amended to read as follows:

      539.123  1.  Any person 21 years of age or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States is an “elector” for the purposes of this chapter and is entitled to vote at any election held [under the provisions of] pursuant to this chapter [, except an election governed by NRS 539.553,] if the following conditions as to ownership of land are met:

      (a) The elector must be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contractual right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.

      (b) [The acreage of the land must be 5 acres or more.] The holder of an undivided interest in land is an elector [only if the product of the fraction representing his interest multiplied by the number of acres subject to his interest equals 5 or more, but if an elector qualifies with respect to 10 acres or more] and , if his interest is community property, his spouse is an elector whether or not the spouse appears of record as the owner of an interest in the acreage. If two or more persons hold undivided or community interests , [in 5 acres or more, and none of them otherwise qualifies as an elector under this subsection,] one such person may vote upon presenting the written consent of his fellow holders.

      (c) A surface water right must be appurtenant to the acreage.

      2.  An elector is entitled to vote according to the land which he owns outright , [or the fractional equivalent of an undivided interest as determined under the formula in paragraph (b) of subsection 1,] as follows:

      (a) [Five acres or more, but less than 10 acres, 1 vote.

      (b) Ten acres or more, but less than 15 acres, 2 votes.

      (c) Fifteen acres or more, but less than 20 acres, 3 votes.

      (d) Twenty acres or more, but less than 120 acres, 4 votes.

      (e)] Ten acres or less, one vote;

      (b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and

      (c) For each additional 100 acres [, 1] or a part thereof above 200 acres, one additional vote.

The district shall issue a separate ballot for each vote which an elector is entitled to cast.

      3.  If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 2 that is equal to his percentage interest in that land, except that, if pursuant to this subsection those persons are entitled to a fractional interest in a vote, that vote may only be cast by one of those persons upon presenting the written consent of his fellow holders.


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

ê1989 Statutes of Nevada, Page 1174 (Chapter 555, AB 719)ê

 

      4.  Any elector who resides outside the district, who owns [at least 5 acres of] land in the district, and who is qualified to vote at district elections shall be [considered] deemed a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.

      [4.] 5.  Any elector who resides within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.

      [5.] 6.  A guardian, executor or administrator shall be [considered] deemed the holder of title or evidence of title, as prescribed in NRS 539.020 and 593.023, to the land in the state for which he is the guardian, executor or administrator, and has the right to sign petitions, vote and do all things that any elector may do [under] pursuant to this chapter.

      [6.] 7.  Corporations holding land in the district shall be [considered] deemed persons entitled to exercise all the rights of natural persons, and the president of such a corporation, or other person authorized in writing by the president or vice president of the corporation, may sign any petition authorized by this chapter, and register and cast the vote of the corporation at any election.

      Sec. 3.  NRS 539.553 is hereby amended to read as follows:

      539.553  In any election to approve any bond issue, contract or other proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure must be followed:

      1.  The secretary of the district shall prepare from the book of assessments a list of all electors qualified by an ownership of land which meets the conditions prescribed in paragraphs (a), (b) and (c) of subsection 1 of NRS 539.123, showing the number of acres listed to each such elector [. For the purposes of this section, the number of acres listed to an] , or the percentage interest in acreage held by each elector who holds an undivided interest in land . [is the product of the fraction representing his interest multiplied by the number of acres subject to his interest.]

      2.  At the time and place appointed for the election, the list must be open for inspection. If both spouses vote with respect to acreage in which their interest is community property, the number of [acres listed] votes attributed to that acreage must be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders , [of an acreage of 5 acres or more with respect to which there is no otherwise qualified elector,] the entire acreage must be attributed to him.

      3.  An elector is entitled to vote on the proposal according to the land which he owns outright , [or as the fractional equivalent of an undivided interest as determined by the formula in subsection 1,] as follows:

      (a) [Five acres or more, but less than 10 acres, 1 vote.

      (b) Ten acres or more, but less than 15 acres, 2 votes.

      (c) Fifteen acres or more, but less than 20 acres, 3 votes.

      (d) Twenty acres or more, but less than 120 acres, 4 votes.

      (e)] Ten acres or less, one vote;

      (b) For each additional 10 acres or a part thereof, up to and including 200 acres, one additional vote; and


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

ê1989 Statutes of Nevada, Page 1175 (Chapter 555, AB 719)ê

 

      (c) For each additional 100 acres [, 1] or a part thereof above 200 acres, one additional vote.

      The district shall issue a separate ballot for each vote which an elector is entitled to cast.

      4.  If two or more persons hold undivided or community interests in land, each is entitled to cast a percentage of the respective votes otherwise allowed pursuant to subsection 3 that is equal to his percentage interest in that land.

      5.  At the end of the time appointed for voting, the secretary of the district shall determine the total number of votes cast approving the proposal and shall declare it passed if the proposal is approved by a majority of the votes cast.

      [5.] 6.  If the proposal is not so approved, it is rejected and the result must be entered of record.

      [6.] 7.  No informalities in conducting the election invalidate the result if the election is fairly conducted and the result can be clearly ascertained.

      [7.] 8.  For the purposes of this section, eligibility to vote and the number of acres listed to each elector must be determined from the current book of assessments. The board may by regulation permit holders of real property in the district to establish eligibility to vote by providing proof of acquisition of an interest in real property in the district since the last assessment roll was closed.

      Sec. 4.  NRS 539.708 is hereby amended to read as follows:

      539.708  1.  The holder or holders of any title or evidence of title, as defined in NRS 539.020 and 539.023 , [(except that such holder or holders need not be the holder or holders of title or evidence of title of 5 acres of land or any other specified area of land),] representing one-half or more of any lands adjacent to or in the vicinity of an irrigation district, whether contiguous or not, and which are susceptible of irrigation or drainage, or both, by the district system, or combined systems of works, may file with the board of directors of the district a petition, in writing, setting forth that [such] those lands are susceptible of irrigation or drainage, or both, as the case may be, by the district system or systems, and praying that the land [may] be annexed.

      2.  The petition [shall] must describe the land and also describe the several parcels owned by the petitioners.

      3.  All or any portion of the lands in any city [, where] in which the vote for mayor at the last preceding election was not less than 550 votes and not more than 1,000 votes, may in the same manner be included within the boundaries of any irrigation district if [they shall be] the lands are susceptible of irrigation or drainage, or both, by the district system or systems, and upon [such inclusion such lands in such] their inclusion the lands in the city, town or municipal corporation [shall be] are subject to all of the provisions of this chapter.

 

________


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ê1989 Statutes of Nevada, Page 1176ê

 

CHAPTER 556, AB 718

Assembly Bill No. 718–Committee on Government Affairs

CHAPTER 556

AN ACT relating to detention facilities; authorizing the establishment of a department of detention and detention facilities in certain cities; designating certain employees of the facilities as peace officers; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 211.115 is hereby amended to read as follows:

      211.115  In a county in which a metropolitan police department is established, the governing body of any participating city may [appoint] :

      1.  Establish a department of detention and may appoint a person to administer the detention facilities; or

      2.  Appoint a person to administer its jail.

The person [so] appointed to administer detention facilities or a jail and his subordinate jailers , corrections officers and other employees whose duties involve law enforcement have the powers of peace officers.

      Sec. 2.  NRS 211.130 is hereby amended to read as follows:

      211.130  All prisoners sentenced by the judge of any district court, or by the justice of the peace of any justice’s court, and sentenced to a term of imprisonment in any county, city or town jail or detention facility shall be deemed to have been also sentenced to labor during such term, unless the judge or justice of the peace sentencing the prisoner, for good cause, orders otherwise.

      Sec. 3.  NRS 211.140 is hereby amended to read as follows:

      211.140  1.  The sheriff of each county has charge and control over all prisoners committed to his care in the respective county jails, and the chiefs of police and town marshals in the several cities and town throughout this state have charge and control over all prisoners committed to their respective city and town jails [.] and detention facilities.

      2.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail [,] or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120.

      3.  “Public works” as used in NRS 211.120 to 211.170, inclusive, means the construction, repair, or cleaning of any street, road, sidewalk, public square, park or building, or cutting away hills, grading, putting in sewers or other work whatever, which is or may be authorized to be done by and for the use of any of the counties, cities or towns, and the expense of which is not to be borne exclusively by persons or property particularly benefited thereby.

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners committed to his custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment for injuries incurred by a prisoner while he is in custody and for injuries incurred during his arrest for commission of a public offense if he is not convicted of that offense;


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

ê1989 Statutes of Nevada, Page 1177 (Chapter 556, AB 718)ê

 

      (b) Treatment for any infectious, contagious or communicable disease which the prisoner contracts while he is in custody; and

      (c) Examinations required by law or by court order unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his commission of a public offense or for injuries incurred during his arrest for commission of a public offense if he is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      Sec. 4.  NRS 212.170 is hereby amended to read as follows:

      212.170  1.  Any person who [shall sell, barter, exchange] sells, barters, exchanges or in any manner [dispose] disposes of any spirituous or malt liquor or beverage to any person [lawfully] confined in any county or city jail or detention facility is guilty of a gross misdemeanor.

      2.  This section [shall] does not apply to any physician prescribing or furnishing [any such] liquor to any such person, when the liquor is prescribed or furnished for medicinal purposes only.

      Sec. 5.  NRS 212.185 is hereby amended to read as follows:

      212.185  1.  Any person who is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this state, or is transferred for medical or psychiatric treatment at another institution, or is in transit to or from such facility, or is in legal custody of any correctional officer or employee, and who possesses or has in his custody or control any:

      (a) Instrument or weapon of the kind commonly known as a blackjack, slung shot, billy, sand-club, sandbag or metal knuckles;

      (b) Explosive substance, including fixed ammunition, or any incendiary or explosive device;

      (c) Dirk, dagger, switchblade knife or sharp instrument;

      (d) Pistol, revolver or other firearm;

      (e) Facsimile of a firearm or an explosive;

      (f) Device capable of propelling a projectile with sufficient force to cause bodily harm, including but not limited to a pellet gun, slingshot, blowgun, crossbow or bow and arrow; or

      (g) Other similar weapon, instrument or device,

shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years.


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

ê1989 Statutes of Nevada, Page 1178 (Chapter 556, AB 718)ê

 

      2.  For the purposes of this section, incarceration begins upon assignment to a cell or other place within the correctional facility after completion of the initial booking procedure.

      Sec. 6.  NRS 176.065 is hereby amended to read as follows:

      176.065  1.  Except as otherwise provided in subsection 2, whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he must be confined in the state prison , [or in] the city or county jail [,] or a detention facility, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $25 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but his eligibility for parole is governed only by his sentence of imprisonment.

      2.  The provisions of this section do not apply to indigent persons.

      Sec. 7.  NRS 176.075 is hereby amended to read as follows:

      176.075  1.  Except as otherwise provided in subsection 2, whenever a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, he must be confined in the city or county jail or detention facility for a period of not more than 1 day for each $25 of the amount until the administrative assessment and the fine or forfeiture are satisfied.

      2.  The provisions of this section do not apply to indigent persons.

      Sec. 8.  NRS 179.201 is hereby amended to read as follows:

      179.201  1.  The officer or persons executing the governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail or detention facility of any county or city which he may pass , [;] and the keeper of [such jail must] the jail or detention facility shall receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.

      2.  The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in [such other] another state, and who is passing through this state with [such] a prisoner for the purpose of immediately returning [such] the prisoner to the demanding state may, when necessary, confine the prisoner in the jail or detention facility of any county or city through which he may pass , [;] and the keeper of [such jail must] the jail or detention facility shall receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent [, however,] being chargeable with the expense of keeping. [Such] The officer or agent shall produce and show to the keeper of [such] the jail or detention facility satisfactory written evidence of the fact that he is actually transporting [such] a prisoner to the demanding state after a requisition by the executive authority of [such] the demanding state. [Such prisoner shall not be] The prisoner is not entitled to demand a new requisition while in this state.

      Sec. 9.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:


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

ê1989 Statutes of Nevada, Page 1179 (Chapter 556, AB 718)ê

 

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department; or

             (4) A jailer, guard, matron or other correctional officer of a city or county jail [.] or detention facility.

      2.  Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a gross misdemeanor.

      (c) If the battery is committed upon an officer and:

             (1) The officer was performing his duty;

             (2) The officer suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer,

by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (e) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 1 year nor more than 6 years.

      (f) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, by imprisonment in the state prison for not less than 2 years nor more than 20 years.

      Sec. 10.  NRS 218.2723 is hereby amended to read as follows:

      218.2723  Before any bill or joint resolution which reduces the revenues or increases the expenditures of a local government or any bill which increases or newly provides for a term of imprisonment in a county or city jail [,] or detention facility, or makes release on probation therefrom less likely, is considered at a public hearing of a committee of the assembly or the senate or before a vote is taken thereon by the committee, the fiscal analysis division shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.


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ê1989 Statutes of Nevada, Page 1180 (Chapter 556, AB 718)ê

 

shall prepare a fiscal note after consultation with the appropriate local governments or their representatives.

      Sec. 11.  NRS 280.110 is hereby amended to read as follows:

      280.110  1.  The board of county commissioners of any county and the governing body of any city or cities located in the county may merge their respective law enforcement agencies into one metropolitan police department. To do so, the board of county commissioners of the participating county and the governing body of each participating city must each adopt an ordinance providing for the merger. Except with respect to an ordinance providing for the reorganization of an existing department pursuant to the provisions of this chapter, any ordinance providing for a merger must be adopted and become effective on or before November 30 in the year preceding the commencement of the fiscal year in which the merger is to occur.

      2.  Any participating political subdivision may withdraw from the metropolitan police department by repealing the ordinance providing for the merger. The withdrawal must be effective at the beginning of a fiscal year and notice must be given to all other participating political subdivisions at least 6 months in advance of that date.

      3.  If the act or charter under which a participating city is organized provides for the appointment of a chief of police and his duties of law enforcement and the governing body of the city adopts an ordinance for the merger authorized by this section.

      (a) The charter provision for appointment of a chief of police shall be deemed superseded as long as the ordinance providing for a merger remains in effect.

      (b) The duties of law enforcement devolve upon the metropolitan police department, except the duty to construct, maintain or operate any county or city jail [.] or detention facility.

      4.  Any nonparticipating city may, by adopting an ordinance providing for a merger, merge its law enforcement agency into an existing metropolitan police department with the unanimous consent of the committee and subject to such rules and regulations as the committee may adopt which are consistent with the provisions of this chapter.

      Sec. 12.  NRS 412.276 is hereby amended to read as follows:

      412.276  Confinement other than in a guardhouse, whether before, during or after trial by a military court, [shall] must be executed in civil jails, detention facilities, penitentiaries or prisons designated by the governor or by such persons as he may authorize to act.

      Sec. 13.  NRS 412.278 is hereby amended to read as follows:

      412.278  1.  [No] A provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any other jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.

      2.  Every commander of a guard, master at arms, keeper or officer of a city or county jail or of any other jail, detention facility, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.


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ê1989 Statutes of Nevada, Page 1181 (Chapter 556, AB 718)ê

 

from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.

      Sec. 14.  NRS 412.414 is hereby amended to read as follows:

      412.414  1.  A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the state or of any political subdivision thereof.

      2.  The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

      3.  The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the governor, or by such person as he may authorize to act under NRS 412.276, shall [receive] :

      (a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court [and shall confine] ; and

      (b) Confine them according to law. [No such]

A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.

      Sec. 15.  NRS 458.270 is hereby amended to read as follows:

      458.270  1.  Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, [shall] must be placed under civil protective custody by a peace officer.

      2.  A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.

      3.  If a licensed facility for the treatment of persons who abuse alcohol [abusers] exists in the community where the person is found, he [shall] must be delivered to [such] the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility , [or a] jail or detention facility longer than 48 hours.

      4.  An intoxicated person taken into custody by a peace officer for a public offense [shall] must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, [such person shall] the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings [shall] proceed as prescribed by law.


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ê1989 Statutes of Nevada, Page 1182 (Chapter 556, AB 718)ê

 

the custody of the apprehending peace officer and the criminal proceedings [shall] proceed as prescribed by law.

      5.  The placement of [such] a person found under the influence of alcohol in a civil protective custody [shall be recorded] must be:

      (a) Recorded at the facility , [or] jail or detention facility to which he is delivered [and communicated] ; and

      (b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.

      6.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      7.  The provisions of this section [shall] do not apply to any driver apprehended or arrested for the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to chapter 484 of NRS.

 

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CHAPTER 557, AB 717

Assembly Bill No. 717–Committee on Government Affairs

CHAPTER 557

AN ACT relating to initiative and referendum; establishing a time limit for filing a petition in a county or city initiative or referendum; providing for random sampling of the signatures on a petition in a city initiative or referendum; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 295.095 is hereby amended to read as follows:

      295.095  1.  Any five registered voters of the county may commence initiative or referendum proceedings by filing with the county clerk an affidavit stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the county equal to 15 percent or more of the number of voters who voted at the last preceding general election in the county.

      3.  Referendum petitions must be signed by a number of registered voters of the county equal to 10 percent or more of the number of voters who voted at the last preceding general election in the county.

      4.  A petition must be filed within 180 days after the date that the affidavit required by subsection 1 is filed with the county clerk.

      5.  A petition may consist of more than one document, but all documents of a petition [shall] must be uniform in size and style and [shall be] assembled as one instrument for filing. Each signature [shall] must be executed in ink or indelible pencil and [shall be] followed by the address of the person signing [.]


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ê1989 Statutes of Nevada, Page 1183 (Chapter 557, AB 717)ê

 

indelible pencil and [shall be] followed by the address of the person signing [.] and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document [shall] must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      [5.] 6.  Each document of a petition [shall] must have attached to it when filed an affidavit executed by the circulator thereof stating [that] :

      (a) That he personally circulated the document [, the] ;

      (b) The number of signatures thereon [, that] ;

      (c) That all the signatures were affixed in his presence [, that] ;

      (d) That he believes them to genuine signatures of the persons whose names they purport to be ; and [that]

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      Sec. 2.  NRS 295.105 is hereby amended to read as follows:

      295.105  1.  Within 20 days after the petition is filed, the county clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

      2.  A petition [shall] must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature [or signatures] on the face thereof [do] does not exactly correspond with the [signatures] signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the county clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of [such] the certificate. [Such] A supplementary petition [shall] must comply with the requirements of subsections [4 and] 5 and 6 of NRS 295.095, and within 5 days after it is filed the county clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of [such] the certificate to the petitioners’ committee by registered or certified mail . [as in the case of an original petition.]

      3.  If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request board review under subsection [2 of this section] 4 within the time required, the county clerk shall promptly present his certificate to the board and the certificate [shall then be] is a final determination as to the sufficiency of the petition.

      [2.] 4.  If a petition has been certified insufficient and the petitioners’ committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 days after receiving [the copy of such] a copy of the certificate, file a request that it be reviewed by the board. The board shall review the certificate at its next meeting following the filing of [such] the request and approve or disapprove it, and the [board’s determination shall then be] determination of the board is a final determination as to the sufficiency of the petition.


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ê1989 Statutes of Nevada, Page 1184 (Chapter 557, AB 717)ê

 

      [3.] 5.  A final determination as to the sufficiency of a petition [shall be] is subject to court review. A final determination of insufficiency, even if sustained upon court review, [shall] does not prejudice the filing of a new petition for the same purpose.

      Sec. 3.  NRS 295.205 is hereby amended to read as follows:

      295.205  1.  Any five registered voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit [stating] :

      (a) Stating they will constitute the petitioners’ committee and be responsible for circulating the petition and filing it in proper form [, stating] ;

      (b) Stating their names and addresses [and specifying] ;

      (c) Specifying the address to which all notices to the committee are to be sent [, and setting] ; and

      (d) Setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

      2.  Initiative petitions must be signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding city election.

      3.  Referendum petitions must be signed by a number of registered voters of the city equal to 10 percent or more of the number of voters who voted at the last preceding city election.

      4.  A petition must be filed within 180 days after the date that the affidavit required by subsection 1 is filed with the city clerk.

      5.  A petition may consist of more than one document, but all documents of a petition must be uniform in size and style and assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and followed by the address of the person signing [.] and the date on which he signed the petition. All signatures on a petition must be obtained within the period specified in subsection 4. Each document must contain or have attached thereto throughout its circulation the full text of the ordinance proposed or sought to be reconsidered.

      [5.] 6.  Each document of a petition must have attached to it when filed an affidavit executed by the circulator thereof stating [that] :

      (a) That he personally circulated the document [, the] ;

      (b) The number of signatures thereon [, that] ;

      (c) That all the signatures were affixed in his presence [, that] ;

      (d) That he believes them to be genuine signatures of the persons whose names they purport to be [and that] ; and

      (e) That each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

      Sec. 4.  NRS 295.210 is hereby amended to read as follows:

      295.210  1.  Within 20 days after the petition is filed, the city clerk shall examine the signatures thereon, complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners’ committee by registered or certified mail.

      2.  If more than 500 names are signed on the documents filed with him, the city clerk must examine the signatures by sampling them randomly for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the city clerk is given an equal opportunity to be included in the sample.


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ê1989 Statutes of Nevada, Page 1185 (Chapter 557, AB 717)ê

 

a manner that every signature which has been submitted to the city clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 signatures or 5 percent of the signatures, whichever is greater.

      3.  A petition [shall] must not be certified insufficient for lack of the required number of valid signatures if, in the absence of other proof of disqualification, any signature [or signatures] on the face thereof [do] does not exactly correspond with the [signatures] signature appearing on the official register of voters and the identity of the signer can be ascertained from the face of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners’ committee files a notice of intention to amend it with the city clerk within 2 days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of [such certificate. Such] the certificate. A supplementary petition [shall] must comply with the requirements of subsections [4 and] 5 and 6 of NRS 295.205, and within 5 days after it is filed the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of [such] the certificate to the petitioners’ committee by registered or certified mail . [as in the case of an original petition.]

      4.  If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request council review under subsection [2 of this section] 5 within the time required, the city clerk [shall] must promptly present his certificate to the council and the certificate [shall then be] is a final determination as to the sufficiency of the petition.

      [2.] 5.  If a petition has been certified insufficient and the petitioners’ committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 days after receiving the copy of [such] the certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of [such] the request and approve or disapprove it, and the council’s determination [shall then be] is a final determination as to the sufficiency of the petition.

      [3.] 6.  A final determination as to the sufficiency of a petition [shall be] is subject to court review. A final determination of insufficiency, even if sustained upon court review, [shall] does not prejudice the filing of a new petition for the same purpose.

 

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ê1989 Statutes of Nevada, Page 1186ê

 

CHAPTER 558, AB 696

Assembly Bill No. 696–Assemblymen Porter, Sader, Wendell Williams, Spriggs, Gaston, Regan, McGinness, Kissam, Diamond, Carpenter, Triggs, Wisdom, Chowning and Gibbons

CHAPTER 558

AN ACT relating to crimes against the person; prohibiting involuntary servitude; prohibiting the purchase or sale of a person; providing for the termination of the parental rights of a person who commits such an act; providing for the forfeiture of any money or property used or gained in the commission of such an act; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who:

      1.  Holds or attempts to hold a person in involuntary servitude;

      2.  Assumes or attempts to assume rights of ownership over another person;

      3.  Sells or attempts to sell a person to another;

      4.  Receives money or anything of value in consideration of placing a person in the custody or under the control of another;

      5.  Buys or attempts to buy a person;

      6.  Except as otherwise provided in chapter 127 of NRS, pays money or delivers anything of value to another in consideration of having a person placed in his custody or under his power or control; or

      7.  Knowingly aids or assists in any manner a person who violates any provision of this section,

shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years and may be further punished by a fine of not more than $50,000. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.

      Sec. 2.  NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as provided in NRS 127.285 and 422.283 [,] and section 1 of this act, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of human resources, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  The natural parents and the adopting parents are not accomplices for the purpose of this section.

      Sec. 3.  Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

      If a parent of a child engages in conduct that violates any provision of section 1 of this act, the parent is presumed to have abandoned the child.


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ê1989 Statutes of Nevada, Page 1187 (Chapter 558, AB 696)ê

 

      Sec. 4.  NRS 128.106 is hereby amended to read as follows:

      128.106  In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:

      1.  Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time.

      2.  Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.

      3.  Conduct that violates any provision of section 1 of this act.

      4.  Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.

      [4.] 5.  Repeated or continuous failure by the parent , [or parents,] although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for his physical, mental and emotional health and development, but a person who, legitimately practicing his religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.

      [5.] 6.  Conviction of the parent [or parents] for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent [or parents] to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.

      [6.] 7.  Unexplained injury or death of a sibling of the child.

      [7.] 8.  Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.

      Sec. 5.  NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or an attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering , [or of] a violation of NRS 465.070 to 465.085, inclusive, or a violation of section 1 of this act, is subject to forfeiture.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) [No] A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;

      (b) [No] A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and

      (c) Forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.


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ê1989 Statutes of Nevada, Page 1188 (Chapter 558, AB 696)ê

 

No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.

      Sec. 6.  Section 2 of Assembly Bill No. 346 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 179.121 is hereby amended to read as follows:

       179.121  1.  All person property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in the commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, grand larceny or pandering, a violation of section 1 of this act or NRS 465.070 to 465.085, inclusive, or a violation of section 1 of [this act,] Assembly Bill No. 696 of this session, is subject to forfeiture.

       2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 465.070 to 465.085, inclusive, are subject to forfeiture except that:

       (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or such violation;

       (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent; and

       (c) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.

No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.

      Sec. 7.  This act becomes effective upon passage and approval.

 

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ê1989 Statutes of Nevada, Page 1189ê

 

CHAPTER 559, AB 692

Assembly Bill No. 692–Committee on Labor and Management

CHAPTER 559

AN ACT relating to state industrial insurance system; allowing the disclosure of certain information by the state industrial insurance system to other state agencies or law enforcement agencies; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section and in NRS 616.193 and 616.550, information obtained from any employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity.

      2.  Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under this chapter.

      3.  The department and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The manager may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:

      (a) Any agency of this or any other state charged with the administration or enforcement of workers’ compensation law, unemployment compensation law, public assistance law or labor law;

      (b) Any state or local agency for the enforcement of child support; or

      (c) The Internal Revenue Service of the Department of the Treasury.

Information obtained in connection with the administration of a workers’ compensation program may be made available to persons or agencies for purposes appropriate to the operation of a workers’ compensation program.

      4.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit a written request to the manager that he furnish from the records of the insurer, the name, address and place of employment of any person listed in the records of the insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the manager shall furnish the information requested. He may charge a reasonable fee to cover any related administrative expenses.

      5.  If any employee or member of the board of directors or manager or any employee of the manager, in violation of this section, discloses information obtained from files of claimants or policyholders, or if any person who has obtained a list of claimants or policyholders under this chapter uses or permits the use of the list for any political purposes, he is guilty of a gross misdemeanor.


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

ê1989 Statutes of Nevada, Page 1190 (Chapter 559, AB 692)ê

 

      6.  All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

 

________

 

 

CHAPTER 560, AB 688

Assembly Bill No. 688–Committee on Labor and Management

CHAPTER 560

AN ACT relating to industrial insurance; authorizing the microfilming of certain principal records of the insurer after audit; authorizing the attorney general or the appropriate district attorney to prosecute a person making a fraudulent claim for compensation or benefits; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.195 is hereby amended to read as follows:

      616.195  1.  Upon written approval of the administrator, the insurer may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, if:

      (a) Claims from January 1, 1940, and after are first microphotographed; and

      (b) A brief inventory of the destroyed records is retained.

      2.  The insurer may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.051 has been followed.

      3.  The principal records, such as the general and regular journals and the general ledgers, must be retained intact [for the period from January 1, 1913.] until audited and then must be microfilmed for retention until their destruction pursuant to NRS 239.051.

      Sec. 2.  NRS 616.675 is hereby amended to read as follows:

      616.675  1.  Any person who willfully makes a false statement or representation to obtain any benefit or payment under the provisions of this chapter, either for himself or for any other person, is guilty of a gross misdemeanor.

      2.  If a claimant is convicted of violating the provisions of subsection 1, he:

      (a) Forfeits all right to compensation under this chapter after conviction for the offense; and

      (b) Is liable for the reasonable costs incurred by the insurer to investigate and act upon the false claim [.] , and for the payments or benefits fraudulently obtained.


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

ê1989 Statutes of Nevada, Page 1191 (Chapter 560, AB 688)ê

 

      3.  The attorney general or the district attorney of the county in which the employer has a place of business or the defendant resides may prosecute all criminal actions for the violation of the provisions of subsection 1.

      4.  Upon request, a state agency shall furnish to the attorney general or a district attorney, information which would assist in the prosecution of a claimant alleged to have violated the provisions of subsection 1.

 

________

 

 

CHAPTER 561, AB 681

Assembly Bill No. 681–Committee on Labor and Management

CHAPTER 561

AN ACT relating to industrial insurance; expanding the provision relating to fraudulent claims for services rendered to industrial insurance claimants; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616.680 is hereby amended to read as follows:

      616.680  1.  A person who files with the insurer a claim for services rendered to an injured employee, when in fact and in truth such services were not performed, is guilty of a gross misdemeanor.

      2.  A person who provides medical care or other services to an injured employee shall not knowingly:

      (a) Obtain or attempt to obtain a payment to which he is not entitled;

      (b) Accept a payment in an amount greater than that to which he is entitled;

      (c) Falsify a report or document required by an insurer relating to payments for services rendered or supplies furnished by him; or

      (d) Accept, solicit or offer any bribe or rebate, whether in money or in kind, in connection with services rendered or supplies furnished by him.

      3.  In addition to the penalty prescribed in subsection 1, a provider of medical care, remedial care or other services who willfully violates the provisions of subsection 2 is liable for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than a $500 fine for each unlawful act; and

      (c) Any reasonable expense incurred by the insurer in enforcing this section.

      4.  A provider of medical care, remedial care or other services who accepts a payment without knowledge that it is in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to an action brought pursuant to this subsection that the provider of health care returned or attempted to return the amount which was in excess of that to which he was entitled within 30 days after receiving it.

 

________


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ê1989 Statutes of Nevada, Page 1192ê

 

CHAPTER 562, AB 662

Assembly Bill No. 662–Committee on Government Affairs

CHAPTER 562

AN ACT relating to county fair and recreation boards; revising their authority to make grants; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244A.621 is hereby amended to read as follows:

      244A.621  The county fair and recreation board, in addition to the other powers conferred upon a county fair and recreation board by NRS 244A.597 to 244A.655, inclusive, may:

      1.  Set aside a fund in an amount that it considers necessary and which may be expended in the discretion of the board to promote or attract conventions, meetings and like gatherings that will utilize the recreational facilities authorized by NRS 244A.597. The expenditure is hereby declared to be an expenditure made for a public purpose.

      2.  Solicit and promote tourism and gaming generally, both individually and through its annual grants in cash or in kind including lease of its facilities to the chambers of commerce of the incorporated cities within the county which respectively represent all of the residents of those cities, or other nonprofit groups or associations, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the board and to enhance the general economy. The promotion of tourism, gaming or the use of facilities may include advertising the facilities under control of the board and the resources of the community or area, including tourist accommodations, transportation, entertainment, gaming and climate. The advertising may be done jointly with a private enterprise.

      3.  Enter into contracts for advertising pursuant to this section and pay the cost of advertising, including a reasonable commission.

      Sec. 2.  This act becomes effective at 12:01 a.m. on October 1, 1989.

 

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ê1989 Statutes of Nevada, Page 1193ê

 

CHAPTER 563, AB 649

Assembly Bill No. 649–Committee on Transportation

CHAPTER 563

AN ACT relating to traffic laws; requiring the revocation of the driver’s license of a person convicted of failing to stop his vehicle when signaled by a peace officer; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Unless otherwise provided by statute, the department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) Violation of NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance.

             (2) A third or subsequent violation within 7 years of NRS 484.379.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the department under NRS 483.010 to 483.630, inclusive, or under any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484.379 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484.348.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484.379.

      2.  The department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege.

      3.  When the department is notified by a court that a person who has been convicted of violating NRS 484.379 has been permitted to enter a program of treatment pursuant to NRS 484.3794 the department shall reduce by half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.


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

ê1989 Statutes of Nevada, Page 1194 (Chapter 563, AB 649)ê

 

drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.

      Sec. 2.  NRS 484.348 is hereby amended to read as follows:

      484.348  1.  Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a [visual or audible] signal to bring his vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 [may] must be by flashing red lamp [or] and siren.

      3.  Except under the circumstances provided in NRS 484.377, if a violation of this section results in substantial bodily harm to any person, the driver is guilty of a gross misdemeanor.

 

________

 

 

CHAPTER 564, AB 648

Assembly Bill No. 648–Assemblyman Carpenter

CHAPTER 564

AN ACT relating to the city of Elko; making various changes relating to the Elko City-County Civic Auditorium Authority; and providing other matters properly relating thereto.

 

[Approved June 28, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 1 of chapter 227, Statutes of Nevada 1975, at page 271, is hereby amended to read as follows:

       Section 1.  There is hereby created the Elko [City-County Civic Auditorium] Convention and Visitors Authority, a body corporate and politic, and a municipal corporation of the State of Nevada.

      Sec. 2.  Section 2 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 375, is hereby amended to read as follows:

       Sec. 2.  As used in this chapter [,] :

       1.  “Authority” means the Elko [City-County Civic Auditorium] Convention and Visitors Authority ; and

       2.  “Board” means the governing body of the Elko [City-County Civic Auditorium Authority] Convention and Visitors Authority. The Board may by appropriate resolution alter the name by which the Authority or the Board [or both shall thereafter be] is known.

      Sec. 3.  Section 8 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 377, is hereby amended to read as follows:

       Sec. 8.  1.  [Subject to the powers of the Audit and Taxation Committee to approve, reject or revise all budgets of the Authority, and to levy all taxes on its behalf, the Authority shall] The Authority must be governed by a Board of Governors consisting of five members appointed as follows:

 


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

ê1989 Statutes of Nevada, Page 1195 (Chapter 564, AB 648)ê

 

governed by a Board of Governors consisting of five members appointed as follows:

       (a) Two members appointed by the board of supervisors of the City of Elko, both of whom must be current members of the board of supervisors;

       (b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;

       (c) Two members at large, who must reside within the boundaries of the Authority, appointed by those members appointed pursuant to paragraphs (a) and (b).

       2.  Subject to the provisions of subsections 4 [, 6 and 7,] and 6, the terms of those elected officers appointed pursuant to paragraphs (a) and (b) of subsection 1, are coterminous with their respective terms in their specified elective offices.

       3.  Subject to the provisions of subsections 4 and 6, the terms of the other members of the Board [of Governors] are 4 years.

       4.  Any member of the Board [of Governors] appointed pursuant to paragraph (c) of subsection 1 may be reappointed to not more than two additional, consecutive terms. Those members appointed pursuant to [paragraphs] paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause. Those members appointed pursuant to paragraph (c) of subsection 1 may be removed by the vote of [3 other governors] three other members of the Board with or without cause.

       5.  Any vacancy occurring among the [governors] members of the Board appointed under [paragraphs] paragraph (a) or (b) of subsection 1, must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the [governors] members of the board appointed under paragraph (c) must be filled promptly by the [governors] members of the board who were appointed under paragraphs (a) and (b).

       6.  If a member ceases to reside in the area he was appointed to represent, he is automatically disqualified from serving on the Board . [of Governors. Such a] A disqualified member’s position must be filled by the prompt appointment of a successor by:

       (a) The board which originally appointed the member removed, if he was appointed under [paragraphs] paragraph (a) or (b) of subsection 1;

       (b) Those members appointed under paragraphs (a) and (b), if the member removed was appointed under paragraph (c) of subsection 1.

       7.  The [initial terms of the members of the Board of Governors are:

       (a) Two years for those members appointed pursuant to paragraph (a) of subsection 1;

       (b) Three years for that member appointed pursuant to paragraph (b) of subsection 1; and (c) Four years for those members appointed pursuant to paragraph (c) of subsection 1.]


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

ê1989 Statutes of Nevada, Page 1196 (Chapter 564, AB 648)ê

 

(c) Four years for those members appointed pursuant to paragraph (c) of subsection 1.] term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.

      Sec. 4.  Section 9 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 378, is hereby amended to read as follows:

       Sec. 9.  1.  The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon acceptance of his appointment, file with the Clerk of Elko County [:

       (a) His] his oath of office . [;

       (b) A corporate surety bond furnished at authority expense, in an amount not to exceed $1,000, and conditioned on the faithful performance of his duties as a member of the Board.]

       2.  No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his official representative capacity.

       3.  [Within 30 days after the effective date of this amendatory act, and during] In January of each odd-numbered year , [thereafter,] the Board shall choose one of its members as chairman and one of its members as vice chairman, and shall appoint or hire a secretary and a treasurer, who [shall] must not be members of the Board. The secretary and treasurer may not be one person.

       4.  The secretary shall keep a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. The minute book and records are open to the inspection of all interested persons, at all reasonable times and places.

       5.  [The Elko County treasurer and auditor shall act as the treasurer and auditor of the Authority, as nearly as possible in the manner provided by law for counties.] The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board, The treasurer shall file with the County Clerk, at [authority] the Authority’s expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the treasurer.

       6.  The board may appoint the Elko County treasurer and auditor to act as treasurer and auditor of the Authority.

       7.  The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.

       8.  The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his duties.


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

ê1989 Statutes of Nevada, Page 1197 (Chapter 564, AB 648)ê

 

officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his duties.

      Sec. 5.  Section 11 of chapter 227, Statutes of Nevada 1975, as amended by chapter 275, Statutes of Nevada 1979, at page 379, is hereby amended to read as follows:

       Sec. 11.  1.  The Board shall [:

       (a) Submit] submit its proposed annual budget for the Authority [to the Audit and Taxation Committee for approval, rejection or revision by that Committee, not less than 180 days before the beginning of each fiscal year;

       (b) Submit at the same time to that Committee the Board’s estimate of the amount of taxes which must be levied by the Committee to raise the necessary revenue to conduct the projected operations of the Authority for the fiscal year that is about to commence.] in the manner set forth in NRS 354.470 to 354.626, inclusive.

       2.  In addition to powers elsewhere conferred, the Board, on behalf of the Authority, may:

       (a) Establish, construct, purchase, lease, enter into a lease purchase agreement respecting, acquire by gift, grant, bequest, devise or otherwise, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage convention, exhibit and auditorium facilities, including personal property and real property, appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein.

       (b) Insure or provide for the insurance of any facility and of the Board and its officers, employees and agents against such risks and hazards as the Board may deem advisable, without thereby waiving any immunity granted by law.

       (c) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, food, beverages, alcoholic beverages or facilities for or in connection with a facility, hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.

       (d) Direct the board of county commissioners or the board of supervisors of the City of Elko, and the governing [board] body of any other political subdivision within the boundaries of the Authority, with the concurrence of that board [,] or body, to acquire by the exercise of the power of eminent domain any real property which the Board [of Commissioners] deems necessary for its purposes, after the adoption by the Board of a resolution declaring such acquisition necessary for its purposes. This power must be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired must be taken in the name of the Authority.

       (e) Sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of any facility acquired by the Authority which is to be operated and maintained as a public project and convention, auditorium or exhibit facility.


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ê1989 Statutes of Nevada, Page 1198 (Chapter 564, AB 648)ê

 

       (f) Fix, and from time to time increase or decrease, rates, tolls, rents or charges for services or facilities furnished in connection with any facility and take such action as necessary or desirable to effect their collection.

       (g) Receive, control, invest and order the expenditure of [any and all money and funds] money pertaining to any facility or related properties, including but not limited to annual grants from the Federal Government, the state, the county and incorporated cities in the county for capital improvements for facilities.

       (h) Enter into contracts, leases or other arrangements for commercial advertising purposes with any person or government.

       (i) Exercise all or any part or combination of the powers granted in this act to the Authority, except as otherwise provided in this act.

       (j) Sue and be sued.

       (k) [Do and perform any and all] Perform other acts [and things] necessary, convenient, desirable or appropriate to carry out the purposes and provisions of this act.

       (l) Engage in the sale and dispensing of alcoholic beverages in connection with activities conducted in connection with the facility, operate a bar in connection therewith and obtain all necessary licenses and permits and provide any bonds or security necessary or advisable.

       (m) Engage in the preparation, sale, serving and dispensing of food and beverages in connection with the facilities and activities conducted in connection therewith.

       (n) Provide security for all authorized facilities and activities by means of security guards, burglar alarm systems, fire alarm systems and other modern methods of protection and detection, with all materials, supplies and equipment incidental thereto.

       (o) [Make] Use or make available all facilities of the Authority or any portion thereof [available] for any event, activity, meeting, convention, entertainment, promotions, party or other purpose approved by the Board, with or without charge, as determined by the Board.

       (p) Sell, or cause to sold, promotional items.

       3.  The Board, in addition to the other powers conferred upon it, may:

       (a) Set aside a fund in an amount which it considers necessary, which may be expended in the discretion of the Board for the purpose of promoting or attracting conventions, meetings and like gatherings which will utilize the facilities of the Authority. Such an expenditure [is] shall be deemed to be made for a public purpose.

       (b) Solicit and promote tourism generally, individually and through annual grants to chambers of commerce, convention authorities and other convention generating entities, and further promote generally the use of its facilities, pursuant to lease agreements, by organized groups or by the general public for the holding of conventions, expositions, trade shows, entertainment, sporting events, cultural activities or similar uses reasonably calculated to produce revenue for the Authority, and to enhance the general economy. Such promotion may include advertising the facilities under control of the Board and the resources of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.


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

ê1989 Statutes of Nevada, Page 1199 (Chapter 564, AB 648)ê

 

of the community or area, including without restriction tourist accommodations, transportation, entertainment and climate.

       (c) Enter into contracts for advertising and pay the cost thereof, including reasonable commissions.

       (d) Authorize the expenditure of money subject to its control and derived from any source within its jurisdiction and authority, regardless of any purported limitations thereon incident to any transfer or remittance to the Board of the proceeds of any license tax or other money collected by any political subdivision, but subject to all valid contractual or statutory restrictions which may apply to any such money or remittances or to the use or disposition thereof.

       (e) Borrow money [, with the prior approval of the Audit and Taxation Committee if the amount to be borrowed is more than $10,000,] or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, for use in furtherance of any of the authorized purposes of the [authority,] Authority and meet and comply with any conditions imposed thereon, which are within the authority or discretion of the Board.

       (f) Appoint an executive director, [a facility manager, the Authority clerk,] the Authority treasurer, the auditor for the Authority, assistants to officers and establish such other offices and appoint such other officers as it deems necessary. All appointive officers serve at the pleasure of the Board and shall perform such duties as may be designated by the Board and are entitled to receive [such salary as may be set from time to time] a salary set by the Board. [The Board may require, from all officers and employees, sufficient surety for the faithful and honest performance of their respective duties.] The Board shall, by agreement pursuant to chapter 288 of NRS, or by resolution, set the annual, sick and disability leave, salary or wages, pensions, insurance and other benefits for appointed and hired Authority officers and employees.

       4.  Any contracts, leases, franchises or other transactions authorized or executed by the Board are not affected by the fact that the term of office of any or all of its members may expire before completion of the transaction authorized.

       5.  When any member of the Board or officer or employee of the Authority travels for the transaction of business of the Authority, the Board may pay him the actual expenses necessary for such travel, including travel expenses, room, board, gratuities, car rental, telephone, taxi fares and other expense reasonably incurred in connection with such travel. Travel fares must be the amount charged by public conveyance unless the Board determines that travel by private conveyance is more economical, or travel by public conveyance is impractical or unavoidable over any of the routes to be traveled. The Board may allow for traveling by private conveyance an amount not to exceed the maximum allowance per mile for travel by private conveyance by state officers and employees specified in NRS 281.160 . [as amended from time to time.]


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ê1989 Statutes of Nevada, Page 1200 (Chapter 564, AB 648)ê

 

      Sec. 6.  Section 11.5 of chapter 227, Statutes of Nevada 1975, as added by chapter 275, Statutes of Nevada 1979, at page 386, is hereby amended to read as follows:

       Sec. 11.5.  1.  The sole and exclusive power to levy taxes on behalf of the Authority is vested in the [Audit and Taxation Committee,] Board, as well as the sole and exclusive power to adopt all budgets of the Authority. [The Committee shall consider all recommendations of the Board of Governors respecting proposed taxes to be levied and budgets to be adopted, but it shall exercise its independent, collective judgment in making its final determinations. The Committee may adopt, reject or revise any proposal of the Board of Governors respecting taxes or the budget.]

       2.  The [Committee] Board may at any time require the production of any of the books or records of the Authority or the testimony of any agent or employee of the Authority, including the treasurer, upon reasonable, advance written request . [to the Board.

       3.  The Committee shall submit a proposed budget for its own operations to the Board of Governors not less than 90 days before commencement of each fiscal year.]

      Sec. 7.  Section 28 of chapter 227, Statutes of Nevada 1975, at page 277, is hereby amended to read as follows:

       Sec. 28.  This Act being necessary to secure and preserve the public health, safety, convenience and welfare [shall be literally] must be liberally construed to effect its purposes.

      Sec. 8.  Section 11.4 of chapter 227, Statutes of Nevada 1975, as added by chapter 275, Statutes of Nevada 1979, at page 385, is hereby repealed.

      Sec. 9.  1.  On the effective date of this act, the assets and liabilities of the Elko City-County Civic Auditorium become the assets and liabilities of the Elko Convention and Visitors Authority.

      2.  All debts and other obligations of the Elko City-County Civic Auditorium are binding on the Elko Convention and Visitors Authority, notwithstanding the change of name provided for in section 1 of this act.

      Sec. 10.  This act becomes effective upon passage and approval.

 

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