[Rev. 8/1/2013 9:30:37 AM]

Link to Page 1788

 

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

ê1989 Statutes of Nevada, Page 1789ê

 

CHAPTER 757, SB 232

Senate Bill No. 232–Committee on Judiciary

CHAPTER 757

AN ACT relating to forfeitures; requiring the governing body which controls a law enforcement agency that receives proceeds from the sale of forfeited property to establish a special account for the deposit of such proceeds; providing for the control and use of money in the account; and providing other matters properly relating thereto.

 

[Approved July 5, 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.  The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the state treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the “.......................... forfeiture account.” The account is a separate and continuing account and no money in it reverts to the state general fund or the general fund of the county, city or town at any time. For the purposes of this subsection, the governing body controlling a metropolitan police department is the metropolitan police committee on fiscal affairs.

      2.  The money in the account may be used for any lawful purpose deemed appropriate by the chief administrative officer of the law enforcement agency, except that:

      (a) The money must not be used to pay the ordinary operating expenses of the agency.

      (b) Money derived from the forfeiture of any property described in NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.

      Sec. 2.  NRS 179.1156 is hereby amended to read as follows:

      179.1156  Except as otherwise provided in NRS 207.350 to 207.520, inclusive, the provisions of NRS 179.1156 to 179.119, inclusive, and section 1 of this act, govern the seizure, forfeiture and disposition of all property and proceeds subject to forfeiture.

      Sec. 3.  NRS 179.1157 is hereby amended to read as follows:

      179.1157  As used in NRS 179.1156 to 179.119, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.1158 to 179.1163, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4.  NRS 179.118 is hereby amended to read as follows:

      179.118  1.  The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and costs of suit.

      2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:


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

ê1989 Statutes of Nevada, Page 1790 (Chapter 757, SB 232)ê

 

      [1.] (a) If the plaintiff seized the property, in the [general fund of] special account established pursuant to section 1 of this act by the governing body which controls the plaintiff . [or, in the discretion of the governing body, in the account of the plaintiff.

      2.] (b) If the plaintiff is a metropolitan police department [:

      (a) In the county’s general fund and credited to the general funds of the other participating entities in the same proportion as other money is distributed among the participating entities; or

      (b) In the discretion of the governing body which controls the plaintiff, in the account of the plaintiff.

      3.] , in the special account established by the metropolitan police committee on fiscal affairs pursuant to section 1 of this act.

      (c) If more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      [4.] (d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.

      Sec. 5.  NRS 179.119 is hereby amended to read as follows:

      179.119  1.  Any law enforcement agency that receives forfeited property or the proceeds of a sale of such property pursuant to the provisions contained in NRS 179.1156 to 179.119, inclusive, shall [file] :

      (a) File a quarterly report of the approximate value of the property and the amount of the proceeds with the entity that controls the budget of the agency [. Anticipated revenue] ; and

      (b) Provide the entity that controls the budget of the agency with a quarterly accounting of the receipt and use of the proceeds.

      2.  Revenue from forfeitures must not be considered in the preparation or adoption of the budget of a law enforcement agency except as money to match money from the Federal Government.

 

________


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

ê1989 Statutes of Nevada, Page 1791ê

 

CHAPTER 758, SB 230

Senate Bill No. 230–Committee on Judiciary

CHAPTER 758

AN ACT relating to mobile home parks; requiring a landlord to disclose in writing to each tenant the name, address and telephone number of the owner of the park; prohibiting the landlord from charging a fee for pets kept by a tenant unless special facilities or services are provided; prohibiting the landlord from increasing the rent to recover revenue lost when a service, utility or amenity is decreased or eliminated; providing civil penalties for the unlawful termination of a tenancy; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 118B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  A “change” of a rental agreement includes the renewal of a rental agreement and a new rental agreement.

      Sec. 3.  “Tenant” means the owner of a mobile home which is located on a mobile home lot in a mobile home park.

      Sec. 4.  “Terms of a rental agreement” include:

      1.  The amount of rent;

      2.  All services and utilities provided to the tenant; and

      3.  Any rules and regulations adopted by the landlord.

      Sec. 5.  “Utility” includes a public utility which provides:

      1.  Electricity;

      2.  Natural gas;

      3.  Liquefied petroleum gas;

      4.  Cable television;

      5.  Sewer services;

      6.  Garbage collection; or

      7.  Water.

      Sec. 6.  NRS 118B.010 is hereby amended to read as follows:

      118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.018, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 118B.024 is hereby amended to read as follows:

      118B.024  1.  The administrator shall adopt regulations to carry out the provisions of this chapter.

      2.  In order to carry out the provisions of this chapter, the administrator may, upon receiving a complaint alleging a violation of this chapter or any regulation adopted pursuant thereto:

      (a) Issue subpenas for the production of books, papers and documents which are strictly relevant to the complaint;

      (b) Mediate grievances between landlords and tenants of mobile home parks; and

      (c) Make inspections and provide technical services necessary to administer the provisions of this chapter.


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

ê1989 Statutes of Nevada, Page 1792 (Chapter 758, SB 230)ê

 

      [2.] 3.  The administrator or his representative may inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are required to enforce the provisions of this chapter.

      Sec. 8.  NRS 118B.040 is hereby amended to read as follows:

      118B.040  1.  A written rental agreement [or lease] may be executed between a landlord and tenant to rent or lease any mobile home lot. The landlord shall give the tenant a copy of the agreement , [or lease,] if any, at the time the tenant signs it.

      2.  Any such written rental agreement [or lease] must contain but is not limited to provisions relating to the following subjects:

      (a) [Duration] The duration of the agreement.

      (b) [Amount] The amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.

      (c) Restrictions on occupancy by children or pets.

      (d) Services and utilities included with the [lot] rental of a lot and the responsibility of maintaining or paying for them, including the charge, if any, for cleaning the lots.

      (e) Fees which may be required and the purposes for which they are required.

      (f) Deposits which may be required and the conditions for their refund.

      (g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.

      (h) The name and address of the owner of the mobile home park and his authorized agent.

      (i) Any restrictions on subletting.

      (j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot and their ages.

      (k) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.

      (l) Any restriction of all or part of the park to adults or older persons.

      (m) A marking or designation of the mobile home lot sufficient to inform the tenant of its boundaries.

      Sec. 9.  NRS 118B.070 is hereby amended to read as follows:

      118B.070  The landlord shall [provide] :

      1.  Provide each tenant with [:

      1.  The] a current text of the provisions of this chapter with the rental agreement [and in a notice posted] at the time the tenant signs the agreement.

      2.  Post a copy of the provisions of this chapter and the address and telephone number of the manufactured housing division of the department of commerce in a conspicuous place in the park’s community or recreation facility or other common area.

      [2.  An amended text of the provisions of this chapter and correct the posted copy]

      3.  Correct the posted copy of the provisions of this chapter and those he provides to a new tenant with the rental agreement each time new provisions are added or existing provisions are subsequently amended or repealed, within 90 days after the amendments become effective.


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

ê1989 Statutes of Nevada, Page 1793 (Chapter 758, SB 230)ê

 

      Sec. 10.  NRS 118B.080 is hereby amended to read as follows:

      118B.080  1.  The landlord shall disclose in writing to each tenant the [name, address] :

      (a) Name, address and telephone number of the owner and manager or assistant manager of the mobile home park [, and any change thereof. The landlord shall also disclose in writing to each tenant the name and] ; and

      (b) Name and address of [:

      (a) A] a person authorized to receive service of process for the landlord , [; and

      (b) The owner of the mobile home park,]

and any change thereof.

      2.  The information must be furnished in writing to each new tenant on or before the commencement of his tenancy and to each existing tenant.

      Sec. 11.  NRS 118B.090 is hereby amended to read as follows:

      118B.090  The landlord shall:

      1.  Maintain all common areas of the park in a clean and safe condition; [and]

      2.  Maintain in good working order all electrical, plumbing and sanitary facilities, appliances and recreational facilities which he furnishes [.] ; and

      3.  Maintain in a safe and secure location individual mail boxes for the tenants if the mail is delivered to the landlord for distribution to the tenants.

      Sec. 12.  NRS 118B.100 is hereby amended to read as follows:

      118B.100  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of the tenants generally.

      2.  All such rules or regulations must be:

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;

      (d) Consistent with the provisions of this chapter and a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and

      (e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.

      3.  No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot or modify the terms of a [lease or] rental agreement.

      4.  Except as otherwise provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days’ notice of it in writing. A notice in a periodic publication of the park does not meet the requirement for notice under this subsection.


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

ê1989 Statutes of Nevada, Page 1794 (Chapter 758, SB 230)ê

 

a periodic publication of the park does not meet the requirement for notice under this subsection.

      5.  A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable. [Such rules and regulations may be amended and enforced by the landlord without the tenant’s consent if the tenant is given 30 days’ written notice of the amendment.

      6.  The landlord may adopt any rules or regulations which are not inconsistent with the provisions of this chapter.

      7.] 6.  For the purposes of this section, “capital improvement” means [any addition or change to the land or buildings which increases its value more than a repair or replacement would increase its value.] an addition or betterment made to a mobile home park that:

      (a) Consists of more than the repair or replacement of an existing facility;

      (b) Is required by federal law to be amortized over its useful life for the purposes of income tax; and

      (c) Has a useful life of 5 years or more.

      Sec. 13.  NRS 118B.110 is hereby amended to read as follows:

      118B.110  1.  The landlord shall meet with a representative group of tenants occupying the park, chosen by the tenants, to hear any complaints or suggestions which concern a matter relevant to the park within 45 days after he receives a written request to do so which has been signed by [25 percent of the tenants occupying the park.] persons occupying at least 25 percent of the lots in the park. The 25 percent must be calculated on the basis of one signature per occupied lot. The meeting must be held at a time and place which is convenient to the landlord and the tenants. The representative group of tenants must consist of no more than five persons.

      2.  At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.

      3.  If the landlord is not a natural person, the landlord shall appoint a natural person, not the manager or assistant manager, who possesses a financial interest in the mobile home park to meet with the tenants.

      Sec. 14.  NRS 118B.140 is hereby amended to read as follows:

      118B.140  The landlord or his agent or employee shall not:

      1.  Require a person to purchase a mobile home from him or any other person as a condition to renting a mobile home lot to the purchaser or give an adjustment of rent or fees, or provide any other incentive to induce the purchase of a mobile home from him or any other person.

      2.  Charge or receive:

      (a) Any entrance or exit fee for assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home or recreational vehicle within the mobile home park even if the mobile home or recreational vehicle is to remain within the park, unless the landlord is licensed as a dealer of mobile homes pursuant to NRS 489.311 and has acted as the tenant’s agent in the sale pursuant to a written contract.

      (c) [Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 3 of NRS 118B.150.


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

ê1989 Statutes of Nevada, Page 1795 (Chapter 758, SB 230)ê

 

      (d)] Any fee for the tenant’s spouse or children . [other than as provided in the lease.

      (e) Any unreasonable]

      (d) Any fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

      [(f)] (e) Any additional service fee unless the landlord provides an additional service which is needed to protect the health and welfare of the tenants, and written notice advising each tenant of the additional fee is sent to the tenant 90 days in advance of the first payment to be made, and written notice of the additional fee is given to prospective tenants on or before commencement of their tenancy. A tenant may only be required to pay the additional service fee for the duration of the additional service.

      [(g)] (f) Any fee for a late monthly rental payment within 4 days of the date the rental payment is due or which exceeds $1 for each day which the payment is overdue, beginning on the day after the payment was due. Any fee for late payment of charges for utilities must be in accordance with the requirements prescribed by the public service commission of Nevada.

      Sec. 15.  NRS 118B.150 is hereby amended to read as follows:

      118B.150  The landlord or his agent or employee shall not:

      1.  Increase rent or additional charges unless:

      (a) The rental increase is the same amount for each space in the park, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older, and any increase in additional charges for special services is the same amount for each tenant using the special service; and

      (b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.

      2.  Require a tenant to pay his rent by check.

      3.  [Except as otherwise provided in this subsection, prohibit] Prohibit or require fees or deposits [which are not of a fixed amount] for any meetings held in the park’s community or recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the park’s affairs, or any [tenant-sponsored] political or social meeting [,] sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.

      4.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.

      5.  Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.


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

ê1989 Statutes of Nevada, Page 1796 (Chapter 758, SB 230)ê

 

      6.  Charge a fee for a guest who does not stay with the tenant for more than [30 consecutive days or] a total of 60 days in a calendar year. The tenant of a mobile home lot who is living alone may allow one other person to live in his home without paying any additional charge or fee. No agreement between a tenant and his guest alters or varies the terms of the rental contract [or lease] between the tenant and the landlord and the guest is subject to the rules and regulations of the landlord.

      7.  Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. For purposes of this subsection, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of such dues.

      8.  Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.

      Sec. 16.  NRS 118B.153 is hereby amended to read as follows:

      118B.153  The amount of rent charged a tenant for a service , utility or amenity upon moving into the mobile home park must be reduced proportionately when the service , utility or amenity is decreased or eliminated by the landlord. The landlord may not increase the rent to recover the lost revenue.

      Sec. 17.  NRS 118B.160 is hereby amended to read as follows:

      118B.160  The landlord or his agent or employee shall not:

      1.  Deny any tenant the right to sell his mobile home or recreational vehicle within the park or require the tenant to remove the mobile home or recreational vehicle from the park solely on the basis of the sale, except as provided in NRS 118B.170.

      2.  Prohibit any tenant desiring to sell his mobile home or recreational vehicle within the park from advertising the location of the vehicle and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the vehicle.

      3.  Require that he be an agent of an owner of a mobile home or recreational vehicle who desires to sell the vehicle.

      4.  Unless subleasing of lots is prohibited by a written [lease] rental agreement or a general regulation of the park if there is no written [lease,] rental agreement, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      Sec. 18.  NRS 118B.177 is hereby amended to read as follows:

      118B.177  1.  If a landlord closes a mobile home park he shall pay the cost of moving each tenant’s mobile home and its appurtenances to a new location within 20 miles from the mobile home park, including fees for inspection , any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling the mobile home and its appurtenances in the new lot or park.

      2.  Written notice of the closure must be served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.

      Sec. 19.  NRS 118B.180 is hereby amended to read as follows:

      118B.180  1.  A landlord may convert an existing mobile home park into individual mobile home lots for sale to mobile home owners if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

 


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

ê1989 Statutes of Nevada, Page 1797 (Chapter 758, SB 230)ê

 

approved by the appropriate local zoning board, planning commission or governing body, and:

      (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use within the local zoning board, planning commission or governing body;

      (b) The landlord offers to sell the lot to the tenant at the same price the lot will be offered to the public and holds that offer open for at least 75 days before he offers the lot for sale to the public;

      (c) The landlord does not sell an occupied lot for more than a vacant lot of similar location, size and shape;

      (d) The landlord pays the cost of moving the tenant’s mobile home and its appurtenances to a [new] comparable location within 20 miles from the mobile home park, including fees for inspection , any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his mobile home and its appurtenances in the new lot or park; and

      (e) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, notice in writing is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice, before he is required to move his mobile home from the lot.

      2.  Upon the sale of a mobile home lot and a mobile home which is situated on that lot, the landlord shall indicate what portion of the purchase price is for the mobile home lot and what portion is for the mobile home.

      Sec. 20.  NRS 118B.183 is hereby amended to read as follows:

      118B.183  1.  A landlord may convert an existing mobile home park to any other use of the land if the change is approved by the appropriate local zoning board, planning commission or governing body, and:

      [1.] (a) The landlord gives notice in writing to each tenant within 5 days after he files his application for the change in land use with the local zoning board, planning commission or governing body;

      [2.] (b) The landlord pays the cost of moving the tenant’s mobile home and its appurtenances to a new location within 20 miles from the mobile home park, including fees for inspection , any deposits for connecting utilities and the cost of taking down, moving, setting up and leveling his mobile home and its appurtenances in the new lot or park; and

      [3.] (c) After the landlord is granted final approval of the change by the appropriate local zoning board, planning commission or governing body, written notice is served on each tenant in the manner provided in NRS 40.280, giving the tenant at least 180 days after the date of the notice before he is required to move his mobile home from the lot.

      2.  A landlord shall not increase the rent of any tenant for 180 days before applying for a change in land use, permit or variance affecting the mobile home park.

      Sec. 21.  NRS 118B.210 is hereby amended to read as follows:

      118B.210  The landlord shall not terminate a tenancy, refuse to renew a tenancy, willfully harass a tenant, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:


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

ê1989 Statutes of Nevada, Page 1798 (Chapter 758, SB 230)ê

 

      1.  He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.

      2.  He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118B.040 to 118B.220, inclusive, and NRS 118B.240.

      3.  He has organized or become a member of a tenant’s league or similar organization.

      4.  He has requested the reduction in rent required by :

      (a) NRS 118.165 as a result of a reduction in property taxes.

      (b) NRS 118B.153 when a service, utility or amenity is decreased or eliminated by the landlord.

      5.  A citation has been issued to the landlord as the result of a complaint of the tenant.

      6.  In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

      Sec. 22.  NRS 118B.230 is hereby amended to read as follows:

      118B.230  If a landlord unlawfully terminates a tenancy, the [tenant may recover not more than 6 months’ periodic rent or actual damages for the injury or loss sustained by him, whichever is greater.] provisions of NRS 118B.260 apply.

 

________

 

 

CHAPTER 759, SB 215

Senate Bill No. 215–Senators Malone, Getto, Horn, Mello, Beyer, Hickey, Jacobsen, Joerg, Neal, O’Connell, Raggio, Rawson, Shaffer, Smith, Titus, Townsend and Vergiels

CHAPTER 759

AN ACT relating to actions concerning persons; creating a presumption that the use of force by a person in his residence or in transient lodging which causes injuries to or the death of a person was justifiable if it was used against a person who is committing burglary or invasion of the home; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his residence or in transient lodging, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or another person lawfully in the residence or transient lodging if the force is used against a person who is committing burglary or invasion of the home and the person using the force knew or had reason to believe that the burglary or invasion of the home was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.


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

ê1989 Statutes of Nevada, Page 1799 (Chapter 759, SB 215)ê

 

may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.

      2.  As used in this section, “residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

 

________

 

CHAPTER 760, SB 195

Senate Bill No. 195–Senators Joerg, Townsend, Beyer, Coffin, Getto, Hickey, Mello, Neal, O’Donnell, Rhoads, Shaffer, Smith, Titus, Vergiels and Wagner

CHAPTER 760

AN ACT relating to insurance; requiring an insurer to pay a claim with an instrument which is immediately negotiable; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      If an insurer is required to pay a claim, the insurer shall pay that claim with an instrument which is immediately negotiable. An insurer shall be deemed to have complied with the provisions of this section if the insurer enters into an agreement, with a bank located in this state, which provides that the bank will accept the insurer’s drafts in as timely a manner as it accepts the insurer’s checks.

 

________

 

 

CHAPTER 761, SB 76

Senate Bill No. 76–Committee on Human Resources and Facilities

CHAPTER 761

AN ACT relating to hospitals; abolishing commissions for the advocacy of maintaining the quality of care provided by hospitals; requiring hospitals to establish committees to ensure the quality of care provided by the hospitals; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  Each hospital licensed to operate in this state shall form a committee to ensure the quality of care provided by the hospital. The committee must be composed of, but is not limited to, physicians and nurses.


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

ê1989 Statutes of Nevada, Page 1800 (Chapter 761, SB 76)ê

 

      2.  Each committee formed pursuant to subsection 1 must meet the requirements for programs or plans for ensuring the quality of care specified by the Joint Commission on Accreditation of Healthcare Organizations or by the Federal Government pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.).

      Sec. 2.  NRS 449.450 is hereby amended to read as follows:

      449.450  [The following terms, wherever used or referred to in NRS 449.450 to 449.530, inclusive, have the following meaning unless a different meaning clearly appears in the context:] As used in NRS 449.450 to 449.530, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Administrator” means the administrator of the division.

      2.  “Admitted health” insurer means an insurer authorized to transact health insurance in this state under a certificate of authority issued by the commissioner of insurance.

      3.  “Department” means the department of human resources.

      4.  “Director” means the director of the department.

      5.  “Division” means the division for review of health resources and costs of the department.

      6.  “Institution” means any person, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness and provides beds for inpatient care. The term includes but is not limited to hospitals, convalescent care facilities, nursing care facilities, detoxification centers and all specialized medical health care facilities.

      Sec. 3.  NRS 449.475 is hereby repealed.

 

________

 

 

CHAPTER 762, SB 40

Senate Bill No. 40–Committee on Human Resources and Facilities

CHAPTER 762

AN ACT relating to health care; increasing the amount counties are required to pay hospitals for the costs of treating indigent patients; revising the procedure for determining whether certain hospitals have met their obligations to provide such treatment; providing for the appeal of a determination by a county regarding the indigent status of a patient; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 428.030 is hereby amended to read as follows:

      428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.


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

ê1989 Statutes of Nevada, Page 1801 (Chapter 762, SB 40)ê

 

      2.  The board of county commissioners shall pay hospitals for the costs of treating indigent inpatients who reside in the county an amount which is not less than [85 percent of] the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      3.  The board of county commissioners may:

      (a) Make contracts for the necessary maintenance of poor persons;

      (b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of poor persons;

      (c) Authorize the payment of cash grants directly to poor persons for their necessary maintenance; or

      (d) Provide for the necessary maintenance of poor persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).

      4.  A hospital may contract with the department of human resources to obtain the services of a state employee to be assigned to the hospital to evaluate the eligibility of patients applying for indigent status. Payment for those services must be made by the hospital.

      Sec. 2.  NRS 439B.330 is hereby amended to read as follows:

      439B.330  1.  Except as otherwise provided in NRS 439B.300 and subsection 2 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

      2.  A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:

      (a) Pay a higher rate to the hospital for treatment of indigent inpatients;

      (b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or

      (c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.

      3.  Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county in which the patient resides a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.

      4.  The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to a court having general jurisdiction in the county.

      5.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 439B.320, if the patient is a resident of the county and is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.


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

ê1989 Statutes of Nevada, Page 1802 (Chapter 762, SB 40)ê

 

      Sec. 3.  NRS 439B.340 is hereby amended to read as follows:

      439B.340  1.  Before September 30 of each year, each county in which hospitals subject to the provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to the division a report showing:

      (a) The total number of [indigent] inpatients treated by each such hospital [;] who are claimed by the hospital to be indigent;

      (b) The number of such patients for whom no reimbursement was provided by the county because of the limitation imposed by subsection 3 of NRS 439B.320;

      (c) The total amount paid to each such hospital for treatment of such patients; and

      (d) The amount the hospital would have received for patients for whom no reimbursement was provided.

      2.  The administrator shall verify the amount of treatment provided to indigent inpatients by each hospital to which no reimbursement was provided by:

      (a) Determining the number of indigent inpatients who received treatment. For a hospital that has contracted with the department of human resources pursuant to subsection 4 of NRS 428.030, the administrator shall determine the number based upon the evaluations of eligibility made by the employee assigned to the hospital pursuant to the contract. For all other hospitals, the administrator shall determine the number based upon the report submitted pursuant to subsection 1 of this section.

      (b) Multiplying the number of indigent inpatients who received each type of treatment by the highest amount paid by the county for that treatment . [; and

      (b)] (c) Adding the products of the calculations made pursuant to [paragraph] paragraphs (a) and (b) for all treatment provided.

If the total amount of treatment provided to indigent inpatients in the previous fiscal year by the hospital was less than its minimum obligation for the year, the director shall assess the hospital for the amount of the difference between the minimum obligation and the actual amount of treatment provided by the hospital to indigent inpatients. Upon receiving satisfactory proof from a hospital that a decision of a county regarding the indigent status of one or more inpatients is pending appeal pursuant to subsection 4 of NRS 439B.330, the director shall defer assessing the hospital the amount that may be offset by the determination on appeal until the court hearing the appeal renders its decision.

      3.  If the administrator determines that a hospital [which did not receive any payment from the county for treatment of indigent inpatients] has met its obligation to provide [such treatment, he shall notify the county of all treatment provided by the hospital after it met its obligation and the dates on which the treatment was provided.] treatment to indigent inpatients, he shall certify to the county in which the hospital is located that the hospital has met its obligation. The county is not required to pay the hospital for the costs of treating indigent inpatients until the certification is received from the administrator. The county shall pay the hospital for such treatment within 30 days after receipt of the [notice] certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.


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

ê1989 Statutes of Nevada, Page 1803 (Chapter 762, SB 40)ê

 

after receipt of the [notice] certification to the extent that money was available for payment pursuant to NRS 428.050, 428.285 and 450.425 at the time the treatment was provided.

      4.  The director shall determine the amount of the assessment which a hospital must pay pursuant to this section and shall notify the hospital in writing of that amount on or before November 1 of each year. The notice must include, but is not limited to, a written statement for each claim which is denied indicating why the claim was denied. Payment is due 30 days after receipt of the notice [.] , except for assessments deferred pursuant to subsection 2 which, if required, must be paid within 30 days after the court hearing the appeal renders its decision. If a hospital fails to pay the assessment when it is due the hospital shall pay, in addition to the assessment:

      (a) Interest at a rate of 1 percent per month for each month after the assessment is due in which it remains unpaid; and

      (b) Any court costs and fees required by the director to obtain payment of the assessment and interest from the hospital.

      5.  Any money collected pursuant to this section must be paid to the county in which the hospital paying the assessment is located for use in paying other hospitals in the county for the treatment of indigent inpatients by those hospitals. The money received by a county from assessments made pursuant to this section does not constitute revenue from taxes ad valorem for the purposes of NRS 354.59805, 354.59811, 354.59816, 428.050, 428.285 and 450.425, and must be excluded in determining the maximum rate of tax authorized by those sections.

 

________

 

 

CHAPTER 763, AB 368

Assembly Bill No. 368–Assemblymen Brookman, Freeman, Schofield, Jeffrey, Triggs, Gibbons, Wendell Williams, Price, Callister, Evans, Myrna Williams, Wisdom, Arberry, Sedway and Chowning

CHAPTER 763

AN ACT relating to private employment; authorizing the labor commissioner to increase the minimum wage in accordance with federal law; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 608.250 is hereby amended to read as follows:

      608.250  1.  Except as otherwise provided in this section, [the labor commissioner may prescribe by regulation] the minimum [wages] wage which may be paid to employees in private employment within the state [. These wages must not exceed] is $3.35 per hour. The labor commissioner shall prescribe increases in the minimum wage in accordance with those prescribed by federal law, unless he determines that such increases are contrary to the public interest. The minimum amount [prescribed for] which may be paid to a minor [must be] is 85 percent of [the amount prescribed for a person 18 years of age or older.]


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

ê1989 Statutes of Nevada, Page 1804 (Chapter 763, AB 368)ê

 

minor [must be] is 85 percent of [the amount prescribed for a person 18 years of age or older.] that amount.

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

      (a) Casual babysitters.

      (b) Domestic service employees who reside in the household where they work.

      (c) Outside salespersons whose earnings are based on commissions.

      (d) Employees engaged in an agricultural pursuit for an employer who did not use more than 500 man-days of agriculture labor in any calendar quarter of the preceding calendar year.

      (e) Taxicab and limousine drivers.

      (f) Severely handicapped persons whose disabilities have diminished their productive capacity in a specific job and who are specified in certificates issued by the rehabilitation division of the department of human resources.

      3.  It is unlawful for any person to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that provided in this section.

 

________

 

 

CHAPTER 764, AB 14

Assembly Bill No. 14–Assemblymen Spinello, Thompson, Myrna Williams, Evans, Humke and Sedway

CHAPTER 764

AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources to estimate the cost of requiring certain facilities operated by the division to comply with the accreditation requirements of a nationally recognized organization; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the mental hygiene and mental retardation division of the department of human resources the sum of $20,000 to conduct presurveys to estimate the cost of complying with the accreditation requirements of the Joint Commission on Accreditation of Health Care Organizations or another nationally recognized organization approved by the division for:

      (a) Northern Nevada mental retardation services.

      (b) Southern Nevada mental retardation services.

      (c) Northern Nevada child and adolescent services.

      (d) Southern Nevada child and adolescent services.

      2.  Any remaining balance of the appropriation made by subsection 1 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.

      3.  The mental hygiene and mental retardation division of the department of human resources shall report the results of the presurveys conducted with the money appropriated by this section to the 66th session of the Nevada Legislature.


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

ê1989 Statutes of Nevada, Page 1805 (Chapter 764, AB 14)ê

 

the money appropriated by this section to the 66th session of the Nevada Legislature.

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

 

________

 

 

CHAPTER 765, AB 100

Assembly Bill No. 100–Assemblymen Humke, Gaston, Spinello, Marvel, Evans, Sedway, Swain, DuBois, Triggs, McGinness and Spriggs

CHAPTER 765

AN ACT relating to juvenile courts; revising various provisions concerning practice and procedure; providing for informal supervision of a child alleged to be delinquent or in need of supervision; prospectively limiting the circumstances under which a child in need of supervision may be adjudged a delinquent; requiring efforts to modify a child’s behavior before the child is alleged in need of supervision; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A child alleged to be delinquent or in need of supervision may be placed under the informal supervision of a probation officer if the child voluntarily admits his participation in the acts for which he was referred to the probation officer. If any of the acts would constitute a gross misdemeanor or felony if committed by an adult, the child may not be placed under informal supervision unless the district attorney approves of the placement in writing. The probation officer must advise the child and his parent, guardian or custodian that they may refuse informal supervision.

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

      3.  An agreement for informal supervision may require a child to perform public service or make restitution to the victim, if any, of the acts for which the child was referred to the probation officer.

      4.  If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1.


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

ê1989 Statutes of Nevada, Page 1806 (Chapter 765, AB 100)ê

 

pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.

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

      Sec. 3.  In addition to the information required pursuant to NRS 62.130, a petition alleging that a child is in need of supervision must contain a list of the local programs to which the child was referred, and other efforts taken in the community, to modify the child’s behavior. No court may decree that a child is in need of supervision unless it expressly finds that reasonable efforts were taken in the community to assist the child in ceasing the behavior for which he is alleged to be in need of supervision.

      Sec. 4.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated as a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive justices’ courts and municipal courts in any county [having a population of] whose population is 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection [3] 4 of NRS 62.170 are applicable in those proceedings; and

      (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.


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

ê1989 Statutes of Nevada, Page 1807 (Chapter 765, AB 100)ê

 

justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

      Sec. 4.5  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he [:

             (1) Commits] commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law . [; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.]

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive justices’ courts and municipal courts in any county whose population is 250,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and

      (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

      Sec. 5.  NRS 62.043 is hereby amended to read as follows:

      62.043  The court [shall have] has such jurisdiction over adults as is incidental to its jurisdiction over children, [but any] including jurisdiction over the parents, guardians and custodians of children adjudicated to be delinquent or in need of supervision. An adult subject to the jurisdiction of the court is subject to the provisions of NRS 62.281 and has available to him all of the rights, remedies and writs guaranteed by the constitution and the laws of this state to a defendant who is charged with having committed a criminal offense in this state.


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

ê1989 Statutes of Nevada, Page 1808 (Chapter 765, AB 100)ê

 

      Sec. 6.  NRS 62.100 is hereby amended to read as follows:

      62.100  1.  The judge or judges of the court in each judicial district which does not include a county whose population is 100,000 or more shall, [when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion,] by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in the committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which must specify the time in which to appear, and shall qualify by taking an oath, which must be entered in the records, faithfully to perform the duties of a member of the committee. Of the members first appointed, one must be appointed for a term of 1 year, two for terms of 2 years, and two for terms of 3 years. Thereafter, all appointments must be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office must be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.

      2.  The duties of the probation committee are the following:

      (a) The paramount duty of the probation committee is to advise the court, at its request.

      (b) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children that are established by boards of county commissioners.

      (c) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all [natural persons, societies, associations, organizations, agencies and corporations (except state institutions or agencies)] persons applying for or receiving children under this chapter. The committee may initiate an investigation thereof if it deems an investigation proper or necessary, and shall report its findings, conclusions and recommendations to the judge or judges.

      (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations . [in connection therewith.] The reports must be submitted to the court and filed as public documents with the clerk of the court.

      (e) The judge or judges shall, with the advice of the probation committee, set up policies and procedures, and establish standards for the proper performance of the duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county.


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

ê1989 Statutes of Nevada, Page 1809 (Chapter 765, AB 100)ê

 

      (f) The probation committee shall advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any [employees are] employee is subject to discharge by the judge or judges.

      (g) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.

      Sec. 7.  NRS 62.128 is hereby amended to read as follows:

      62.128  1.  A complaint alleging that a child is delinquent or in need of supervision must be referred to the probation officer of the appropriate county. The probation officer shall conduct a preliminary inquiry to determine whether the best interests of the child or of the public require that a petition be filed [.] or would better be served by placing the child under informal supervision pursuant to section 2 of this act. If judicial action appears necessary, the probation officer may recommend the filing of a petition, but any petition must be prepared and countersigned by the district attorney before it is filed with the court. The decision of the district attorney on whether to file a petition is final.

      2.  If the probation officer refuses to place the child under informal supervision or recommend the filing of a petition, the complainant must be notified by the probation officer of his right to a review of his complaint by the district attorney. The district attorney, upon request of the complainant, shall review the facts presented by the complainant and after consultation with the probation officer shall prepare, countersign and file the petition with the court when he believes the action is necessary to protect the community or the interests of the child.

      3.  When a child is in detention or shelter care and the filing of the petition is not approved by the district attorney, the child must be immediately released.

      4.  When a child is in detention or shelter care, a petition alleging delinquency or need of supervision must be dismissed with prejudice if it is not filed within 10 days after the date the complaint was referred to the probation officer.

      5.  Upon the filing of the petition, the judge or the master may [place] , in addition to his other powers under this chapter:

      (a) Dismiss the petition without prejudice and refer a child to the probation officer for informal supervision pursuant to section 2 of this act; or

      (b) Place a child under the supervision of the court pursuant to a supervision and consent decree without a formal adjudication of delinquency, upon the recommendation of the probation officer, the written approval of the district attorney and the written consent and approval of the child and his parents or guardian, under the terms and conditions provided for in the decree. The petition may be dismissed upon successful completion of the terms and conditions of the supervision and consent decree [.] , and the child may respond to any inquiry concerning the proceedings and events which brought about the proceedings as if they had not occurred. The records concerning a supervision and consent decree may be considered in a subsequent proceeding before the court regarding that child.


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

ê1989 Statutes of Nevada, Page 1810 (Chapter 765, AB 100)ê

 

      Sec. 8.  NRS 62.170 is hereby amended to read as follows:

      62.170  1.  Except as otherwise provided in NRS 62.175, any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose conduct indicates that he is a child in need of supervision. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.

      2.  If the child is not released, as provided in subsection 1, the child must be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention must be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as is designated by the court, subject to further order. The court may authorize supervised detention at the child’s home in lieu of detention at a facility for the detention of juveniles.

      3.  A child alleged to be delinquent or in need of supervision must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:

      (a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;

      (b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;

      (c) The child was brought to the probation officer pursuant to a court order or warrant; or

      (d) The child is a fugitive from another jurisdiction.

      4.  A child not alleged to be delinquent or in need of supervision must not at any time be confined or detained in a facility for the secure detention of juveniles or any police station, lockup, jail, prison or other facility in which adults are detained or confined.

      5.  [Except as provided otherwise in this section a] A child under 18 years of age must not at any time be confined or detained in any police station, lockup, jail [or prison, or detained in any place] , prison or other facility where the child [is able to come into communication] has regular contact with any adult convicted of crime or under arrest and charged with crime, [except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein. Whenever it is possible to do so, special efforts must be made to keep children who are in need of supervision apart from children charged with delinquent acts.


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

ê1989 Statutes of Nevada, Page 1811 (Chapter 765, AB 100)ê

 

children who are in need of supervision apart from children charged with delinquent acts.

      4.] unless:

      (a) The child is alleged to be delinquent;

      (b) No alternative facility is available; and

      (c) The child is separated by sight and sound from any adults who are confined or detained therein.

      6.  A child alleged to be delinquent who is taken into custody and detained must [, upon application,] be given a detention hearing, conducted by the judge or master [, within] :

      (a) Within 24 hours after the child submits [an application,] a written application;

      (b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;

      (c) In a county whose population is more than 100,000, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or

      (d) Within 72 hours after the commencement of detention at a facility in which no adults are detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.

      [5.] 7.  If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of section 1 of [this act.] Senate Bill No. 23 of this session. The certificate of attendance must not set forth the name of the child or the offense alleged.

      [6.  The officer in charge of any facility for the detention of juveniles may by written order direct the transfer to the county jail of a child placed in the facility. The child must not be detained in the county jail for more than 24 hours unless a district judge orders him detained for a longer period. This order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection must, where possible, be placed in a cell separate from adults.

      7.] 8.  A child who is taken into custody and detained must, if alleged to be a child in need of supervision, be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:

      (a) Is a ward of a federal court or held pursuant to federal statute;

      (b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or

      (c) Is accused of violating a valid court order.


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

ê1989 Statutes of Nevada, Page 1812 (Chapter 765, AB 100)ê

 

If the court makes such a determination, the child may be detained for an additional 24 hours, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement.

      9.  A child alleged to be in need of supervision who is taken into custody and detained need not be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to a shelter for care, if the court holds a detention hearing and determines the child:

      (a) Has threatened to run away from home or from the shelter;

      (b) Is accused of violent behavior at home; or

      (c) Is accused of violating the terms of his parole, probation or supervision and consent decree.

      10.  During the pendency of a criminal or quasi-criminal charge of murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, a child may petition the juvenile division for temporary placement in a facility for the detention of juveniles.

      Sec. 9.  NRS 62.180 is hereby amended to read as follows:

      62.180  1.  Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency , [;] or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

      2.  Except as provided in this subsection, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children, subject to the provisions of this chapter. In counties [having a population of] whose population is 20,000 or more, the boards of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.

      3.  Any detention home [,] built and maintained under this chapter [,] must be constructed and conducted as nearly like a home as possible, and [shall] must not be deemed to be or treated as a penal institution, nor, in counties [having a population of] whose population is 20,000 or more, may it be adjoining or on the same grounds as a prison, jail or lockup.

      4.  In addition to detention homes, a county may provide and maintain at public expense programs which provide alternatives to placing a child in a detention home.

      Sec. 10.  NRS 62.193 is hereby amended to read as follows:

      62.193  1.  Proceedings concerning any child alleged to be delinquent, in need of supervision or in need of commitment to an institution for the mentally retarded are not criminal in nature and must be heard separately from the trial of cases against adults, and without a jury. The hearing may be conducted in an informal manner and may be held at a juvenile detention facility or elsewhere at the discretion of the judge.


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

ê1989 Statutes of Nevada, Page 1813 (Chapter 765, AB 100)ê

 

facility or elsewhere at the discretion of the judge. Stenographic notes or other transcript of the hearing are not required unless the court so orders. The general public must be excluded and only those persons having a direct interest in the case may be admitted, as ordered by the judge, or, in case of a reference, as ordered by the referee.

      2.  The court shall provide written notice of any hearing after the initial detention hearing to the parent, guardian or custodian of the child together with a copy of a notice which the parent, guardian or custodian may provide to his employer. The employer’s copy of the notice must set forth the date and time of the hearing and the provisions of section 1 of [this act.] Senate Bill No. 23 of this session. The employer’s copy of the notice must set forth the name of the child or the offense alleged.

      3.  The parties must be advised of their rights in their first appearance at intake and before the court. They must be informed of the specific allegations in the petition and given an opportunity to admit or deny those allegations.

      4.  If the allegations are denied, the court shall proceed to hear evidence on the petition. The court shall record its findings on whether the acts ascribed to the child in the petition were committed by him. If the court finds that the allegations in the petition have not been established, it shall dismiss the petition and order the child discharged from any detention or temporary care theretofore ordered in the proceedings, unless otherwise ordered by the court.

      5.  If the court finds on the basis of an admission or a finding on proof beyond a reasonable doubt, based upon competent, material and relevant evidence, that a child committed the acts by reason of which he is alleged to be delinquent, it may, in the absence of objection, proceed immediately to make a proper disposition of the case.

      6.  In adjudicatory hearings all relevant and material evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value. The parties or their counsel must be afforded an opportunity to examine and controvert written reports so received and to cross-examine persons making reports when reasonably available.

      7.  On its motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition. The court shall make an appropriate order for detention or temporary care of the child subject to supervision of the court during the period of the continuance.

      8.  If the court finds by preponderance of the evidence that the child is in need of supervision or is in need of commitment to an institution for the mentally retarded, the court may proceed immediately , or at a postponed hearing, to make proper disposition of the case.

      9.  Unless the court by written order extends the time for disposition of the case and sets forth specific reasons for the extension, the court shall make its final disposition no later than 60 days after the petition was filed.

      10.  The district attorney may disclose to the victim of an act committed by a child the disposition of the child’s case regarding that act. The victim shall not disclose to any other person the information so disclosed by the district attorney.


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

ê1989 Statutes of Nevada, Page 1814 (Chapter 765, AB 100)ê

 

      Sec. 11.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Children detained in detention homes , alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

      (e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      2.  The state board of education shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall calculate average daily attendance by selecting the average daily attendance–highest 3 months for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.

      (d) Shall prohibit counting of any pupil specified in paragraph (a), (b), (c) or (d) of subsection 1 more than once.

      3.  The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.

      Sec. 12.  NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:


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

ê1989 Statutes of Nevada, Page 1815 (Chapter 765, AB 100)ê

 

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (4) The count of children detained in detention homes , alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.

             (5) One-fourth the average daily attendance–highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

      2.  If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.

      3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 13.  NRS 388.550 is hereby amended to read as follows:

      388.550  With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:

      1.  A detention home [which is] or alternative program maintained by the county pursuant to the provisions of NRS 62.180.

      2.  A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.

      3.  A juvenile training school established by the state pursuant to the provisions of chapter 210 of NRS.

      Sec. 14.  NRS 388.560 is hereby amended to read as follows:

      388.560  Only courses of instruction approved by the state board of education [shall] may be given in such detention homes, alternative programs, juvenile training schools or juvenile forestry camps. Necessary textbooks, equipment and supplies [shall] must be furnished by the school district.

      Sec. 15.  NRS 388.570 is hereby amended to read as follows:

      388.570  1.  The state board of education shall establish regulations for the computation of enrollment and average daily attendance of children detained in detention homes , alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.


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

ê1989 Statutes of Nevada, Page 1816 (Chapter 765, AB 100)ê

 

      2.  Boards of trustees of school districts providing such instruction shall report to the superintendent of public instruction at such times and in such manner as he prescribes.

      Sec. 16.  Section 1 of Senate Bill No. 55 of this session is hereby amended to read as follows:

       Section 1.  NRS 387.1233 is hereby amended to read as follows:

       387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

       (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year [.] , excluding the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.

             (4) Six-tenths the count of handicapped minors who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.

             (5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.

             [(5)] (6) One-fourth the average daily attendance–highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

       (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

       (c) Adding the amounts computed in paragraphs (a) and (b).

       2.  If the sum of the counts prescribed in subparagraphs (1) to [(4),] (5), inclusive, or paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.

       3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

       4.  Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 17.  1.  This section and sections 1, 2, 3, 5, 7, 8, 9 and 11 to 16, inclusive, of this act, become effective on October 1, 1989.

      2.  Sections 4, 6 and 10 of this act become effective at 12:01 a.m. on October 1, 1989.


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

ê1989 Statutes of Nevada, Page 1817 (Chapter 765, AB 100)ê

 

      3.  Section 8 of this act becomes effective at 12:02 a.m. on October 1, 1989.

      4.  Section 4.5 of this act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 766, AB 155

Assembly Bill No. 155–Assemblymen Price, Bergevin, Lambert, Callister, Marvel, Myrna Williams, Sheerin, Triggs and Spriggs

CHAPTER 766

AN ACT relating to taxation; revising the procedure for adding property to the secured tax roll; revising the procedure for the recapture of taxes upon the conversion of agricultural real property to a higher use; revising the provisions governing the exemption of certain patented mining claims from property taxes; revising the provisions governing the reporting and assessment of personal property; requiring the Nevada tax commission to establish separate standards for determining the value of billboards; making certain technical corrections; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Billboard” means a sign that directs attention to a business, commodity, service, entertainment or attraction that is sold, offered or exists at a location other than the premises on which the sign is located.

      Sec. 2.  NRS 361.010 is hereby amended to read as follows:

      361.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 361.015 to 361.043, inclusive, and section 1 of this act, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 361.070 is hereby amended to read as follows:

      361.070  1.  Drainage ditches and canals, together with the lands which are included in the rights of way of [such,] the ditch or canal, are exempted from taxation.

      2.  Each part of a permanently installed irrigation system of pipes or concrete-lined ditches and headgates to increase efficiency and conservation in the use of water, when the water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of the pipes or concrete-lined ditches, is exempted from taxation.

      3.  For any assessment made after July 1, 1989, any value added by a drainage ditch, a canal, the land included in the rights of way of the drainage ditch or canal, or a part of a permanently installed irrigation system must be excluded from the assessed value of the property regardless of the date the ditch, canal or irrigation system was installed.

      Sec. 4.  NRS 361.077 is hereby amended to read as follows:

      361.077  1.  All property, both real and personal, is exempt from taxation to the extent that the property is used as [:


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

ê1989 Statutes of Nevada, Page 1818 (Chapter 766, AB 155)ê

 

      (a) A] a facility, device or method for the control of air or water pollution [; or

      (b) Part of a permanently installed irrigation system of pipes or concrete-lined ditches and headgates to increase efficiency and conservation in the use of water, when the water is to be used for irrigation and agricultural purposes on land devoted to agricultural purposes by the owner of the pipes or concrete-lined ditches.]

      2.  As used in this section, “facility, device or method for the control of air or water pollution” means any land, structure, building, installation, excavation, machinery, equipment or device or any addition to, reconstruction, replacement, or improvement of land or an existing structure, building, installation, excavation, machinery, equipment or device used, constructed, acquired or installed after January 1, 1965, if the primary purpose of the use, construction, acquisition or installation is compliance with law or standards required by any environmental protection agency, authorized by and acting under the authority of the United States or the State of Nevada or any of its political subdivisions, for the prevention, control or reduction of air or water pollution.

      3.  As used in this section, “facility, device or method for the control of air or water pollution” does not include:

      (a) Air conditioners, septic tanks or other facilities for human waste, nor any property installed, constructed or used for the moving of sewage to the collection facilities of a public or quasi-public sewage system.

      (b) Any facility or device having a value of less than $1,000 at the time of its construction, installation or first use.

      (c) Any facility or device which produces a net profit to the owner or operator thereof from the recovery and sale or use of a tangible product or by-product, nor does it include a facility or device which, when installed and operating, results in a net reduction of operating costs.

      4.  The exemption may be allowed only to a person who files an affidavit declaring that the property for which the exemption is being sought meets the requirements of subsection 1. The affidavit must be filed, on or before August 1 of the year preceding the year for which the tax is levied, with the Nevada tax commission.

      5.  The department shall prepare and publish a report each fiscal year showing:

      (a) The assessed value of properties within each county which are exempt from taxation under this section;

      (b) The loss in tax revenues to the state general fund and to each local taxing entity from the exemption; and

      (c) Such other information as the department may deem relevant to indicate the effect of the loss of tax revenue on the state and on local taxing entities.

Each county assessor shall provide the department with the data it needs to complete the report required by this section.

      Sec. 5.  NRS 361.227 is hereby amended to read as follows:

      361.227  1.  Any person determining the taxable value of real property shall appraise:

      (a) The full cash value of:


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

ê1989 Statutes of Nevada, Page 1819 (Chapter 766, AB 155)ê

 

             (1) Vacant land by considering the uses to which it may lawfully be put, any legal or physical restrictions upon those uses, the character of the terrain, and the uses of other land in the vicinity.

             (2) Improved land consistently with the use to which the improvements are being put.

      (b) Any improvements made on the land by subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

      2.  The unit of appraisal must be a single parcel unless:

      (a) The location of the improvements causes two or more parcels to function as a single parcel; or

      (b) The parcel is one of a group of contiguous parcels which qualifies for valuation as a subdivision pursuant to the regulations of the Nevada tax commission.

      3.  The taxable value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be determined:

      (a) By subtracting from the cost of replacement of the improvements all applicable depreciation and obsolescence; or

      (b) By capitalizing the fair economic income expectancy.

      4.  The taxable value of other taxable personal property, except mobile homes, must be determined by subtracting from the cost of replacement of the property all applicable depreciation and obsolescence. Depreciation of a billboard must be calculated at 1.5 percent of the cost of replacement for each year after the year of acquisition of the billboard, up to a maximum of 50 years.

      5.  The computed taxable value of any property must not exceed its full cash value. Each person determining the taxable value of property shall reduce it if necessary to comply with this requirement. A person determining whether taxable value exceeds full cash value or whether obsolescence is a factor in valuation may consider:

      (a) Comparative sales, based on prices actually paid in market transactions.

      (b) A summation of the estimated full cash value of the land and contributory value of the improvements.

      (c) Capitalization of the fair economic income expectancy or fair economic rent.

A county assessor is required to make the reduction prescribed in this subsection only if the owner calls to his attention the facts warranting it, but may make it if he is otherwise aware of those facts.

      6.  The Nevada tax commission shall by regulation establish:

      (a) Standards for determining the cost of replacement of improvements of various kinds.

      (b) Standards for determining the cost of replacement of personal property of various kinds. The standards must include a separate index of factors for application to the acquisition cost of a billboard to determine its replacement cost.


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

ê1989 Statutes of Nevada, Page 1820 (Chapter 766, AB 155)ê

 

      (c) Schedules of depreciation for personal property based on its estimated life. [Depreciation of an improvement made on real property must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum of 50 years.

      (c)] (d) Criteria for the valuation of two or more parcels as a subdivision.

      7.  In determining the cost of replacement of personal property for the purpose of computing taxable value, the cost of all improvements of the personal property, including any additions to or renovations of the personal property but excluding routine maintenance and repairs, must be added to the cost of acquisition of the personal property.

      8.  The county assessor shall, upon the request of the owner, furnish within 15 days to the owner a copy of the most recent appraisal of the property.

      [8.] 9.  The provisions of this section do not apply to property which is assessed pursuant to NRS 361.320.

      Sec. 6.  NRS 361.265 is hereby amended to read as follows:

      361.265  1.  To enable the county assessor to make assessments, he shall demand from each natural person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms to be furnished by the county assessor of all the personal property within the county, owned, claimed, possessed, controlled or managed by those persons, firms, corporations, associations or companies. [This]

      2.  The statement must include:

      (a) A description of the location of any taxable personal property that is owned, claimed, possessed, controlled or managed by the natural person, firm, corporation, association or company, but stored, maintained or otherwise placed at a location other than the principal residence of the natural person or principal place of business of the firm, corporation, association or company; and

      (b) The cost of acquisition of each item of taxable personal property including the cost of any improvements of the personal property, such as additions to or renovations of the property other than routine maintenance or repairs.

      3.  The statement must be returned not later than July 31, except for a statement mailed to the taxpayer after July 15, in which case it must be returned within 15 days after demand for its return is made. Upon petition of the property owner showing good cause, the county assessor may grant one or more 30-day extensions.

      [2.] 4.  If the owners of any taxable property not listed by another person are absent or unknown, or fail to provide the written statement as described in subsection 1, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to “unknown owner”; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of the property for taxes invalid.


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

ê1989 Statutes of Nevada, Page 1821 (Chapter 766, AB 155)ê

 

      [3.] 5.  If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or sign the statement, he is guilty of a misdemeanor.

      Sec. 7.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes are due on the first Monday of August.

      2.  Taxes assessed upon the real property tax roll may be paid in four equal installments.

      3.  [In any county whose population is 100,000 or more, taxes] Taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.

      4.  If a person elects to pay in quarterly installments, the first installment is due on the first Monday of August, the second installment on the first Monday of October, the third installment on the first Monday of January, and the fourth installment on the first Monday of March.

      5.  If any person charged with taxes which are a lien on real property fails to pay:

      (a) Any one quarter of the taxes on or within 10 days following the day the taxes become due, there must be added thereto a penalty of 4 percent.

      (b) Any two quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the later quarter of taxes becomes due, there must be added thereto a penalty of 5 percent of the two quarters due.

      (c) Any three quarters of the taxes, together with accumulated penalties, on or within 10 days following the day the latest quarter of taxes becomes due, there must be added thereto a penalty of 6 percent of the three quarters due.

      (d) The full amount of the taxes, together with accumulated penalties, on or within 10 days following the first Monday of March, there must be added thereto a penalty of 7 percent of the full amount of the taxes.

      6.  Any person charged with taxes which are a lien on a mobile home who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

      (a) The entire amount of the taxes are due;

      (b) A penalty of 10 percent of the taxes due;

      (c) An additional penalty of $3 per month or any portion thereof, until the taxes are paid; and

      (d) The county assessor may proceed under NRS 361.535.

      Sec. 8.  NRS 361.484 is hereby amended to read as follows:

      361.484  1.  As used in this section, “acquired” means acquired either by purchase and deed or by condemnation proceedings pursuant to chapter 37 of NRS.

      2.  Taxes levied on real property which is acquired by the Federal Government or the state or any of its political subdivisions [shall] must be abated ratably for the portion of the fiscal year in which the real property is owned by the Federal Government or the state or its political subdivision.

      3.  For the purposes of abatement, the Federal Government or the state or its political subdivision shall be deemed to own real property acquired by purchase commencing with the date the deed is recorded and to own real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.


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

ê1989 Statutes of Nevada, Page 1822 (Chapter 766, AB 155)ê

 

purchase commencing with the date the deed is recorded and to own real property acquired by condemnation from the date of judgment pursuant to NRS 37.160 or the date of occupancy of the property pursuant to NRS 37.100, whichever occurs earlier.

      4.  When property is acquired by the Federal Government or the state or any of its political subdivisions [prior to] before determination of the assessed value or combined tax rate for the taxable year in which acquired, the county assessor shall compute the taxes and amount of abatement using the assessed value, combined tax rate, or both, of the preceding taxable year.

      Sec. 9.  NRS 361.768 is hereby amended to read as follows:

      361.768  1.  Whenever an overassessment of real or personal property appears upon the secured tax roll of any county because of a factual error concerning its existence on July 1, zoning, use, size or age, the county assessor shall make a report thereof to the board of county commissioners of the county.

      2.  The board of county commissioners shall examine the error so reported, together with any evidence presented and, if satisfied that the error is factual, shall:

      (a) By an order entered in the minutes of the board, direct the county treasurer to correct the error; and

      (b) Serve a copy of the order on the county treasurer, who shall make the necessary refunds or adjustments to the tax bill and correct the secured tax roll.

Only the secured property tax rolls for the current and the succeeding tax year may be so corrected.

      Sec. 10.  NRS 361.769 is hereby amended to read as follows:

      361.769  1.  The county assessor of any county in which real property is located which is not on the secured roll shall assess the property and petition the appropriate board of equalization to place the property on the secured roll for the next tax year. The taxes for the current year and any prior year must be calculated and collected in the same manner as if the property had been assessed in those years and placed on the secured roll.

      2.  The assessment may be made at any time within 3 years after the end of the fiscal year in which the taxes would have been due.

      3.  The petition must be made to the:

      (a) County board of equalization if the assessment is made on or after July 1 but before [January 15;] February 1; or

      (b) State board of equalization if the assessment is made on or after [January 15] February 1, but before July 1.

      4.  The county assessor shall give notice of the assessment by certified letter to the owner of the property on or before the date on which the petition is filed pursuant to subsection 1. The notice must include:

      (a) A description of the property;

      (b) The years for which the taxes were not paid;

      (c) The assessed valuation of the property for each of the years stated in paragraph (b); and

      (d) A statement informing the property owner of his right to appeal the assessed valuation at a hearing of the appropriate board of equalization.


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

ê1989 Statutes of Nevada, Page 1823 (Chapter 766, AB 155)ê

 

      Sec. 11.  NRS 361.790 is hereby amended to read as follows:

      361.790  1.  Whenever a person has acquired a legal, equitable, security or vendee’s interest in a parcel of real property, which is a part of a larger parcel upon which there are [deferred or] delinquent taxes, and the person offers to tender to the county treasurer, in the county where the real estate is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of the offer to the board of county commissioners of the county.

      2.  The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing the report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:

      (a) Determine what proportion of the assessment and tax on the entire parcel affected are attributable to the smaller parcel.

      (b) Enter an order in the minutes of the board, directing:

             (1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.

             (2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel. If the smaller parcel has, at any time prior thereto, been conveyed to the county treasurer pursuant to NRS 361.585, the board shall enter a further order directing the county treasurer to issue and deliver a deed conveying the property to the person who has tendered the tax upon payment to the county treasurer of the cost, penalties and interest chargeable against the prorated tax for each fiscal period for which the tax remains unpaid, until the time of conveyance.

             (3) The county assessor to assess each parcel separately thereafter.

      (c) Direct the clerk of the board to mail a copy of the order to the person offering to tender payment.

      3.  If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes. The receipt is conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and is a complete defense to any action for taxes due on the parcel which may be brought for the period covered by the receipt.

      4.  Each county assessor receiving a request for a report as provided for in subsection 2 shall submit the report to the board of county commissioners within 30 days after receipt of the request.

      5.  The provisions of this section apply to delinquencies which occurred either before, on or after April 20, 1967.

      Sec. 12.  NRS 361.803 is hereby amended to read as follows:

      361.803  1.  The legislature finds that:

      (a) Senior citizens of the state live, as a rule, on limited incomes which remain fixed while property taxes and other costs constantly rise.


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

ê1989 Statutes of Nevada, Page 1824 (Chapter 766, AB 155)ê

 

      (b) The erosion of senior citizens’ income in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.

      (c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving insufficient funds for other things essential to their well-being.

      (d) Many senior citizens who rent their homes or lots for mobile homes also pay an excessive portion of their income into property taxes through rental payments.

      2.  The legislature therefore declares that:

      (a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive burden of taxes on residential property in relation to income.

      (b) The purpose of the provisions of NRS 361.800 to 361.877, inclusive, is to provide relief to eligible senior citizens, through a system of [credit memoranda, refunds and transfers concerning] refunds for property taxes from the senior citizens’ account for assistance with property taxes.

      Sec. 13.  NRS 361.825 is hereby amended to read as follows:

      361.825  “Property taxes accrued” means property taxes , [(] exclusive of special assessments, delinquent taxes and interest , [)] levied on a claimant’s home in this state which are due [and payable during July,] during August, immediately succeeding the date of filing of a claim. If a home is owned by two or more persons or entities as joint tenants or tenants in common and one or more persons or entities are not members of the claimant’s household, property taxes accrued is that part of the property taxes levied on the home which reflects the percentage of the residential space occupied by the claimant and his household.

      Sec. 14.  NRS 361.833 is hereby amended to read as follows:

      361.833  1.  A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence for at least 6 months immediately preceding the filing of his claim and whose household income is not more than $15,100 is entitled to [an allowance against] a refund of the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:

 

                                                                                                                            PERCENT TAX

                                                                                                                                 Percent of

             INCOME RANGE                                                                                     Claimant’s

          If the Amount of                                                                                     Property Tax

      Applicant’s Household                                  But Not                          Accrued Allowable

             Income Is Over                                           Over                               as Assistance Is

 

                            $0                                –                   $5,400                                        90

                       5,400                                –                     8,700                                        80

                       8,700                                –                   10,800                                        50

                     10,800                                –                   13,000                                        25

                     13,000                                –                   15,100                                        10


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

ê1989 Statutes of Nevada, Page 1825 (Chapter 766, AB 155)ê

 

      2.  The amount of the [allowance] refund must not exceed the amount of the accrued property tax or $500, whichever is less.

      Sec. 15  NRS 361.838 is hereby amended to read as follows:

      361.838  1.  A claim for [an allowance or] a refund may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located between January 15 and April 30, inclusive.

      2.  The claim [shall] must be made under oath and filed in such form and content, and accompanied by such proof, as the department may prescribe.

      3.  The county assessor shall furnish the appropriate form to each claimant if he processes the claim. If the claim is submitted to the department, it shall furnish the appropriate form.

      4.  After receiving a claim, the county assessor shall:

      (a) If the claimant is the renter of a home or mobile home lot, submit the claim to the department; or

      (b) If the claimant is a homeowner, process the claim or submit the claim to the department.

      5.  The county assessor shall, within 10 days after receiving a claim which is submitted to the department, determine the assessed valuation of the property to which the claim applies and submit the claim to the department.

      Sec. 16.  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 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] pay to the claimant not later than [June 30 of the amount of credit which may be applied to his property taxes accrued.] July 31 the refund to which he is entitled.

             (2) Pay to a home renter not later than August 15 the refund to which he is entitled.

      Sec. 17.  NRS 361.850 is hereby amended to read as follows:

      361.850  1.  A person may receive assistance under the Senior Citizens’ Property Tax Assistance Act while receiving a property tax exemption as a widow, blind person or veteran if the person has filed a claim for the exemption with the county assessor.

      2.  The assessed valuation of any property used to determine [an allowance under] a refund pursuant to the Senior Citizens’ Property Tax Assistance Act [shall] must be reduced by the amount of such an exemption.


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

ê1989 Statutes of Nevada, Page 1826 (Chapter 766, AB 155)ê

 

      Sec. 18.  NRS 361.859 is hereby amended to read as follows:

      361.859  [1.  The county ex officio tax receiver shall send the department a statement of all credits applied to property taxes accrued and shall demand reimbursement of the county in the aggregate amount of the allowance.

      2.  The county ex officio tax receiver shall send the department a statement of all credits which were not applied to property taxes accrued. Upon receipt of such statement, the department of taxation shall mail refunds to the claimants entitled to them.

      3.  Upon verification and audit of each statement from a county concerning homeowners’ claims, the department shall authorize reimbursement to the county by the state.

      4.  The reimbursement shall be paid out of the funds appropriated to the senior citizen’s property tax assistance account, in the same manner as other money in the state treasury is disbursed.

      5.] If the department determines that an audit of claims is needed [for the purpose of determining] to determine whether a county assessor accurately processed claims and if department personnel are not capable of auditing a sufficient number of the claims, then the department may expend not more than $20,000 of the money in the senior citizens’ property tax assistance account for the purpose of contracting with qualified persons to assist in conducting [such] the audit.

      Sec. 19.  NRS 361.870 is hereby amended to read as follows:

      361.870  1.  Any claimant aggrieved by a decision of the department or a county assessor which denies the [allowance] refund claimed under the Senior Citizens’ Property Tax Assistance Act may have a review of the denial before the executive director if within 30 days after the claimant receives notice of the denial he submits a written petition for review to the department.

      2.  Any claimant aggrieved by the denial in whole or in part of relief claimed under the Senior Citizens’ Property Tax Assistance Act, or by any other final action or review of the executive director, is entitled to judicial review thereof.

      Sec. 20.  NRS 361.874 is hereby amended to read as follows:

      361.874  1.  Money to pay for assistance granted to senior citizens under the Senior Citizens’ Property Tax Assistance Act [shall] must be provided by legislative appropriation from the state general fund. The money so appropriated [shall] must be transferred to a senior citizens’ property tax assistance account in the state general fund.

      2.  The executive director may, from time to time, obtain from the state controller a statement of the balance in the senior citizens’ property tax assistance account. The executive director shall provide for full refunds of all just claims if the total amount of [such] the claims does not exceed the balance in the account. The executive director shall proportionately reduce each claim if the total amount of all claims exceeds that balance.

      3.  Money for the administration of the Senior Citizens’ Property Tax Assistance Act [shall] must be provided by legislative appropriation and transfer to the senior citizens’ property tax assistance account. From this account the sum of [$10 shall be allowed to each county assessor for each claim examined by the county assessor and the sum of $2 shall] $4 must be allowed for each claim which is received by the county assessor and submitted to the department.


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

ê1989 Statutes of Nevada, Page 1827 (Chapter 766, AB 155)ê

 

allowed for each claim which is received by the county assessor and submitted to the department.

      Sec. 21.  Chapter 361A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Parcel” means a contiguous area of land that is designated by a county assessor as a parcel for assessment purposes.

      Sec. 22.  NRS 361A.010 is hereby amended to read as follows:

      361A.010  As used in this chapter, the terms defined in NRS 361A.020 to 361A.060, inclusive, and section 21 of this act, have the meanings ascribed to them in those sections except where the context otherwise requires.

      Sec. 23.  NRS 361A.020 is hereby amended to read as follows:

      361A.020  1.  “Agricultural real property” means:

      (a) Land devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to:

             (1) Agricultural use; or

             (2) Activities which prepare the land for agricultural use.

      (b) Land leased by the owner to another person for agricultural use and composed of any lot or parcel which [is:

             (1) Larger than 7 acres; or

             (2) Contiguous] :

             (1) Includes at least 7 acres of land devoted to accepted agricultural practices; or

             (2) Is contiguous to other agricultural real property owned by the lessee.

      (c) [The improvements on such land which support accepted agricultural practices except any structure or any portion of a structure used primarily as a human dwelling.] Land covered by a residence or necessary to support the residence if it is part of a qualified agricultural parcel.

      2.  The term does not include [:

      (a) Any land actually covered by a structure primarily as a human dwelling or necessary to support any such residential use.

      (b) Any] any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.

      3.  As used in this section, “accepted agricultural practices” means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.

      Sec. 24.  NRS 361A.120 is hereby amended to read as follows:

      361A.120  1.  Upon receipt of an application, the county assessor or the department shall make an independent determination of the use of the owner’s real property. The assessor or the department shall consider the use of the property by its owner or occupant together with any other [contiguous] agricultural real property that is a part of one agricultural unit being operated by the owner or occupant. The assessor or the department shall consider the use of agricultural real property which is not contiguous to the owner’s real property only if that property has been in agricultural use for at least 2 months during the 2 years preceding the receipt of the application.


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

ê1989 Statutes of Nevada, Page 1828 (Chapter 766, AB 155)ê

 

property only if that property has been in agricultural use for at least 2 months during the 2 years preceding the receipt of the application.

      2.  The assessor or the department may inspect the property and request such evidence of use and sources of income as is necessary to make an accurate determination of use. The assessor or the department may deny the application when the owner or occupant refuses to permit the inspection or furnish the evidence.

      3.  The department shall provide by regulation for a more detailed definition of agricultural use, consistent with the general definition given in NRS 361A.030, for use by county assessors or the department in determining entitlement to agricultural use assessment.

      4.  The county assessor or the department shall approve or deny an applicant no later than December 15 of each year. An application on which action by the assessor or the department is not completed by December 15 is approved.

      5.  The county assessor or the department shall send to the applicant a written notice of his or its determination within 10 days after determining the applicant’s entitlement to agricultural use assessment. If an applicant seeking agricultural use assessment on property located in more than one county is refused such assessment in any one county, he may withdraw his application for such assessment in all other counties.

      6.  The county assessor or the department shall record the application with the county recorder within 10 days after its approval.

      Sec. 25.  NRS 361A.140 is hereby amended to read as follows:

      361A.140  1.  On or before the first Monday in October of each year, the Nevada tax commission shall:

      (a) Define the classifications of agricultural real property.

      (b) [Determine] Except as otherwise provided in paragraph (c), determine the valuations for each classification on the basis provided in NRS 361.325.

      (c) Provide for the determination of the value of the land covered by a residence or necessary to support the residence in the same manner as other real property pursuant to NRS 361.227.

      (d) Prepare a bulletin listing all classifications and values thereof for the following assessment year.

      2.  The county assessors shall classify agricultural real property utilizing the definitions and applying the appropriate values published in the tax commission’s bulletin.

      Sec. 26.  NRS 361A.155 is hereby amended to read as follows:

      361A.155  When any portion of agricultural [real property whose taxable value as determined pursuant to NRS 361.227 and 361.260 has not been separately determined for each year in which agricultural use assessment was in effect for the property] land is converted [in whole or in part] to a higher use, the county assessor shall determine its taxable [value at the time of conversion and discount that valuation as appropriate to determine the valuation] and agricultural use values against which to compute the deferred tax [.] for each fiscal year the property was under agricultural assessment during the current fiscal year and the preceding 6 fiscal years, or such other period as is required pursuant to subsection 2 of NRS 361A.280. The agricultural use values for each of the years may be based on the agricultural use for the latest year.


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

ê1989 Statutes of Nevada, Page 1829 (Chapter 766, AB 155)ê

 

latest year. The taxable values for each year must be comparable for the corresponding years to the taxable values for property similar, including, without limitation, in size, zoning and location, to the portion of property actually converted to a higher use at the time of conversion.

      Sec. 27.  NRS 361A.265 is hereby amended to read as follows:

      361A.265  1.  An owner of property which has received an agricultural or open-space use assessment may, before the conversion of any portion of the property to a higher use, pay the amount of deferred taxes which would be due upon the conversion of that property pursuant to NRS 361A.280.

      2.  An owner who desires to pay the deferred taxes must request, in writing, the county assessor to estimate the amount of the deferred taxes which would be due at the time of conversion. After receiving such a request, the county assessor shall estimate the amount of the deferred taxes due for the next property tax statement and report the amount to the owner. [The current tax rate must be used for any fiscal year for which a tax rate has not been set at the time the estimate is made.]

      3.  An owner who voluntarily pays the deferred taxes may appeal the valuations and calculations upon which the deferred taxes were based in the manner provided in NRS 361A.273.

      4.  If a parcel that has been created after the secured tax roll has been closed is converted to a higher use, the assessor may apportion the value of the prior parcel or parcels to the new parcel or parcels and change the roll to reflect the changes in the parcel or parcels and assess the new parcel at taxable value for the following year.

      Sec. 28.  NRS 361A.270 is hereby amended to read as follows:

      361A.270  1.  Within 30 days after a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment ceases to be used exclusively for agricultural use or the approved open-space use, the owner shall notify the county assessor in writing of the date of cessation of that use.

      2.  In addition to the notice required by subsection 1, an owner of agriculturally assessed land who wishes to have a portion of a parcel converted to a higher use rather than the entire parcel must record and transmit to the county assessor a survey of the portion of the parcel to be converted. The survey must be transmitted to the county assessor at the same time as the notice required by subsection 1. The recordation of a survey pursuant to this subsection does not create a new parcel.

      3.  The county assessor shall keep a description of any portion of a parcel that is separately converted to a higher use and a record of the taxes paid on that portion of the parcel with his records for the parcel until the remainder of the parcel is converted to a higher use or the parcel becomes inactive.

      Sec. 29.  NRS 361A.280 is hereby amended to read as follows:

      361A.280  1.  [For purposes of this section, “base year” means the fiscal year in which the property is converted to a higher use.

      2.  If] Upon the filing of a timely notice pursuant to NRS 361A.270 of the cessation of the exclusive agricultural or approved open-space use of a parcel or any portion of a parcel of agricultural land or open-space real property [which is receiving agricultural or open-space use assessment is converted to a higher use, there must be added] the county assessor shall add to the tax extended against that portion of the property on the next property tax statement [, an amount equal to the sum of the following:

 


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

ê1989 Statutes of Nevada, Page 1830 (Chapter 766, AB 155)ê

 

extended against that portion of the property on the next property tax statement [, an amount equal to the sum of the following:

      (a) The] the deferred tax, which is the difference between the taxes which would have been paid or payable on the basis of the agricultural or open-space use [assessment] valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to [subsections 3 and 4] NRS 361.227, for each year in which agricultural or open-space use assessment was in effect for the property [, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment; and

      (b) A penalty equal to 20 percent of the accumulated deferred tax on all portions of property for each year in which the owner failed to give the notice required by NRS 361A.270.

      3.  Except as otherwise provided in subsection 4, the value for the base year may be calculated by determining the taxable value of the property immediately preceding the conversion to a higher use pursuant to NRS 361.227. The taxable value for the fiscal year before the base year may be calculated by dividing the taxable value of the base year by the factor for land applied to the parcel for that prior year pursuant to NRS 361.260. The quotient is the taxable value for the year before the base year. The taxable value for each fiscal year before that time may be calculated in the same manner, by dividing the taxable value for the year succeeding the fiscal year by the factor for land applied to the parcel during the prior year.

      4.  For any fiscal year before 1982-83 and for any fiscal year in which the area where the parcel is located was physically reappraised, the median percentage increase in the taxable value of the five nearest similar parcels not receiving agricultural assessment may be used in place of the factor for land in making the calculation of taxable value pursuant to subsection 3.

      5.  For any year in which the value of the parcel is affected by a factor which may not have an equally proportionate effect on similar nearby parcels, such as a change in zoning ordinances, variances from those ordinances or natural disasters, the taxable value of the property must be determined pursuant to NRS 361.227.

      6.] during the current fiscal year and the preceding 6 fiscal years.

      2.  Upon discovery by a county assessor or receipt of notice pursuant to NRS 361A.270 after 30 days following the date on which a parcel or any portion of a parcel of real property which has received agricultural or open-space use assessment ceases to be used exclusively for agricultural use or the approved open-space use, the county assessor shall add to the tax extended against that portion of the property on the next property tax statement the deferred tax, which is the difference between the taxes that would have been paid or payable on the basis of the agricultural or open-space use valuation and the taxes which would have been paid or payable on the basis of the taxable value calculated pursuant to NRS 361.227, for each year in which agricultural or open-space use assessment was in effect for the property during the fiscal year in which the property ceased to be used exclusively for agricultural use or approved open-space use and the preceding 6 fiscal years and any subsequent years up to and including the current year and in addition thereto assess a penalty equal to 20 percent of the total accumulated deferred tax for each of the years in which the owner failed to give the notice required by NRS 361A.270.


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

ê1989 Statutes of Nevada, Page 1831 (Chapter 766, AB 155)ê

 

thereto assess a penalty equal to 20 percent of the total accumulated deferred tax for each of the years in which the owner failed to give the notice required by NRS 361A.270.

      3.  The deferred tax assessed pursuant to subsection 1 or 2 and penalty assessed pursuant to subsection 2 are a perpetual lien until paid as provided in NRS 361.450; but if the property [is not converted to a higher use within 84 months] continues to be used exclusively for agricultural use or approved open-space use for 7 fiscal years after the date of attachment, the lien for that earliest year then expires.

      [7.] The lien is for an undetermined amount until the property is converted and the amount is determined pursuant to subsection 1 or 2. Any liens calculated and recorded before July 1, 1989, for property that had not been converted shall be deemed to have expired on that date.

      4.  If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from taxation ad valorem, any such liens for deferred taxes must be canceled.

      [8.] 5.  The provisions of this section do not apply to any portion of agricultural or open-space real property if the deferred tax and any penalty have been paid pursuant to NRS 361A.265.

      Sec. 30.  NRS 361A.290 is hereby amended to read as follows:

      361A.290  [The sale or transfer of agricultural or open-space real property which is receiving agricultural or open-space assessment discharges the seller or transferor from personal liability for any deferred taxes for which he would otherwise be liable unless the property ceased to be used exclusively for agricultural use or approved open-space use during his ownership. The buyer or transferee who changes the use of the property thereby becomes personally liable for the deferred taxes.]

      1.  If there are deferred taxes that have not been paid under the provisions of NRS 361A.265 or 361A.280 at the time real property is sold or transferred, the seller must notify the buyer in writing that there is a lien for deferred taxes on the property.

      2.  The owner of the property as of the date on which the deferred taxes become due pursuant to this chapter is liable for the deferred taxes.

      Sec. 31.  NRS 362.040 is hereby amended to read as follows:

      362.040  [At the next succeeding session of the county board of equalization or of the state board of equalization, the owner of any patented mine or mining claim may appear before the board, in person or by agent or attorney, and upon] Upon presentation of an affidavit , certified by the county recorder, to the county assessor on or before November 1 of the year before the fiscal year for which the assessment has been levied that at least $100 in development work has been actually performed upon the patented mine or mining claim during the federal mining assessment work period ending within the year before the fiscal year for which the assessment has been levied, the [board shall strike] assessor shall exclude from the roll the assessment against the patented mine or mining claim named in the affidavit.


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

ê1989 Statutes of Nevada, Page 1832 (Chapter 766, AB 155)ê

 

      Sec. 32.  NRS 362.080 is hereby amended to read as follows:

      362.080  [All such affidavits shall be filed and retained in the office of the county clerk.] The affidavit must be recorded in the office of the county recorder for the county in which the mine is located.

      Sec. 33.  NRS 362.090 is hereby amended to read as follows:

      362.090  A single affidavit may be [filed] recorded for the labor on several patented mines or mining claims belonging to the same person or held in common ownership, provided all are located in the same county.

      Sec. 34.  NRS 489.621 is hereby amended to read as follows:

      489.621  1.  Except as otherwise provided in NRS 489.611, any person who moves a manufactured home, mobile home or commercial coach upon any highway or road in this state shall, before that movement, apply to the county assessor for a trip permit. The assessor of the county from which the manufactured home, mobile home or commercial coach is to be moved shall issue a trip permit for each section of the manufactured home, mobile home or commercial coach upon application presented in the form prescribed by the division, payment of a fee of $5 for each permit, and proof satisfactory to the assessor of ownership and that all property taxes, for the full year in which the permit is to be used, and use taxes if applicable, levied against the manufactured home, mobile home or commercial coach and its contents have been paid.

      2.  The trip permit authorizes movement over the highways and roads for [a period of] not more than 5 consecutive working days following the date of issuance and the application and permit respectively must be used in lieu only of any certificate of registration and vehicle license number plate required by law.

      Sec. 35.  NRS 489.631 is hereby amended to read as follows:

      489.631  1.  The application for a trip permit must contain any information required by the division, and the name of the owner of the manufactured home, mobile home or commercial coach, the make, model and serial number of the manufactured home, mobile home or commercial coach, the location of the place from which it was moved, the address of the place to which it is to be moved, the amount of all property taxes paid for the manufactured home, mobile home or commercial coach for the year in which the permit will be used, the expiration date of the permit and the signature of the county assessor or his designee.

      2.  The county assessor shall, within 10 days after issuing the trip permit, forward a copy of the application:

      (a) To the division; and

      (b) To the assessor of the county where the manufactured home, mobile home or commercial coach will be located, unless the manufactured home, mobile home or commercial coach is to leave this state.

      3.  The county assessor shall also provide a copy of the application [for] :

      (a) For use by the operator of the vehicle moving the manufactured home, mobile home or commercial coach and the operator shall keep his copy of the application in his possession at all times during the movement.

      (b) To the owner of the manufactured home, mobile home or commercial coach.

      Sec. 36.  NRS 361.843 is hereby repealed.


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

ê1989 Statutes of Nevada, Page 1833 (Chapter 766, AB 155)ê

 

      Sec. 37.  1.  Notwithstanding the provisions of subsection 4 of NRS 361.227, as amended by this act, the depreciation of a billboard must be calculated at:

      (a) For fiscal year 1990-1991, 5 percent of the cost of replacement for each year after the year of acquisition up to a maximum of 75 percent of the cost of replacement; and

      (b) For fiscal year 1991-1992, 3.5 percent of the cost of replacement for each year after the year of acquisition up to a maximum of 75 percent of the cost of replacement.

      2.  Notwithstanding the provisions of NRS 361.483, as amended by this act, the taxes assessed upon a mobile home that are payable in the fiscal year beginning on July 1, 1989, may only be paid in installments if the computer software necessary to process and collect those installments is operative on or before August 1, 1989, in the county which levied the taxes.

      Sec. 38.  1.  Sections 1, 5 and 6 of this act become effective on July 1, 1990.

      2.  Section 7 of this act becomes effective at 12:01 a.m. on July 1, 1989.

      3.  This section and the remaining sections of this act become effective on July 1, 1989.

 

________

 

 

CHAPTER 767, AB 163

Assembly Bill No. 163–Assemblymen Dini, Sedway, Jeffrey, Spinello and Bergevin

CHAPTER 767

AN ACT making an appropriation to Douglas County for the expansion of China Springs Youth Camp; and providing other matters properly relating thereto.

 

[Approved July 5, 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 Douglas County the sum of $250,000 for the expansion of China Springs Youth Camp.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after July 1, 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.

 

________


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

ê1989 Statutes of Nevada, Page 1834ê

 

CHAPTER 768, AB 181

Assembly Bill No. 181–Committee on Government Affairs

CHAPTER 768

AN ACT relating to liquefied petroleum gas; providing for the compensation of the members of the board for the regulation of liquefied petroleum gas; requiring the adoption of certain regulations by the board; authorizing the board to impose intermediate disciplinary actions; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The commission may adopt regulations which provide simplified procedures for obtaining certificates of public convenience and necessity and for changing rates for those public utilities which furnish only liquefied petroleum gas.

      Sec. 3.  1.  Each dealer who leases a tank for the storage of liquefied petroleum gas to a customer shall, upon the request of a customer, remove the tank from the customer’s premises.

      2.  The dealer shall refund to the customer:

      (a) On a pro rata basis, an amount equal to the rent for the unused portion of the lease; and

      (b) An amount equal to the value of the liquefied petroleum gas which remains in the tank when the tank is removed. In calculating the value of the liquefied petroleum gas, the dealer shall use the price the customer paid for the liquefied petroleum gas.

      3.  The dealer shall mail the refund to the customer within 15 days after the tank is removed from the customer’s premises.

      4.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 4.  NRS 704.070 is hereby amended to read as follows:

      704.070  Unless exempt under the provisions of NRS 704.075 [:] or section 2 of this act:

      1.  Every public utility shall file with the commission, within a time to be fixed by the commission, schedules which must be open to public inspection, showing all rates, tolls and charges which it has established and which are in force at the time for any service performed or product furnished in connection therewith by any public utility controlled and operated by it.

      2.  All rules or regulations that in any manner affect the rates charged or to be charged for any service or product must be filed with that schedule.

      Sec. 5.  NRS 704.100 is hereby amended to read as follows:

      704.100  Except as otherwise provided in NRS 704.075 , section 2 of this act or as may otherwise be provided by the commission pursuant to NRS 704.095 or 704.275:

      1.  No changes may be made in any schedule, including schedules of joint rates, or in the rules or regulations affecting any rates or charges, except upon 30 days’ notice to the commission, and all changes must be plainly indicated, or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect.


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

ê1989 Statutes of Nevada, Page 1835 (Chapter 768, AB 181)ê

 

or by filing new schedules in lieu thereof 30 days before the time the schedules are to take effect. The commission, upon application of any public utility, may prescribe a shorter time within which a reduction may be made.

      2.  Copies of all proposed, new or amended schedules must be filed and posted in the offices of public utilities as required for original schedules.

      3.  A public utility may set forth as justification for a rate increase items of expense or rate base which have been considered and disallowed by the commission, only if those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the commission’s prior decision.

      4.  The commission shall determine whether a hearing must be held when the proposed change in 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, will result in an increase in annual gross revenue as certified by the applicant of $2,500 or less.

      5.  In making the determination the commission shall first consider all timely written protests, any presentation the staff of the commission may desire to present, the application and any other matters deemed relevant by the commission.

      Sec. 6.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 , section 2 of this act 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 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. 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.


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

ê1989 Statutes of Nevada, Page 1836 (Chapter 768, AB 181)ê

 

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.

      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.


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

ê1989 Statutes of Nevada, Page 1837 (Chapter 768, AB 181)ê

 

      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. 7.  (Deleted by amendment.)

      Sec. 8.  Chapter 590 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each dealer who leases a tank for the storage of liquefied petroleum gas to a customer shall, upon the request of a customer, remove the tank from the customer’s premises, at no charge to the customer.

      2.  The dealer shall refund to the customer:

      (a) On a pro rata basis, an amount equal to the rent for the unused portion of the lease; and

      (b) An amount equal to the value of the liquefied petroleum gas which remains in the tank when the tank is removed. In calculating the value of the liquefied petroleum gas, the dealer shall use the price the customer paid for the liquefied petroleum gas. If removal of liquefied petroleum gas from the tank is necessary to allow the dealer to remove the tank from the customer’s premises, there may be no charge imposed upon the customer for the removal of the gas.

      3.  The dealer shall mail the refund to the customer within 15 days after the tank is removed from the customer’s premises.

      Sec. 9.  NRS 590.465 is hereby amended to read as follows:

      590.465  NRS 590.465 to 590.645, inclusive, and section 8 of this act, may be cited as the Nevada Liquefied Petroleum Gas Act.

      Sec. 10.  NRS 590.485 is hereby amended to read as follows:

      590.485  1.  The board for the regulation of liquefied petroleum gas, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) One member who is a volunteer fireman in a rural area of this state.

      (b) One member who is a fireman employed by the fire department of a city in this state.

      (c) One member who is engaged in the sale or distribution of liquefied petroleum gas in this state.

      (d) Two members who are representatives of the general public.

      3.  After the initial terms, the members of the board must be appointed to terms of 4 years.

      4.  Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.

      5.  The members of the board are [not] entitled to compensation [.] at the rate of $60 per day spent attending regular meetings of the board and conducting hearings on behalf of the board which must be paid out of the money of the board, after approval by a majority of the board.

      6.  The subsistence allowances and travel expenses of the members of the board must be paid out of the money of the board, after approval by a majority of the board.


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

ê1989 Statutes of Nevada, Page 1838 (Chapter 768, AB 181)ê

 

      7.  No more than three members of the board may belong to the same political party.

      Sec. 11.  NRS 590.495 is hereby amended to read as follows:

      590.495  1.  The board shall hold three regular meetings per year in the months of March, July and November at such times and at such places as may be specified by a call of the chairman.

      2.  Special meetings may be held at such times and places as may be specified by a call of the chairman or a majority of the board.

      3.  At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year . [and are thereafter ineligible to be reelected to the same office for the next ensuing year.]

      4.  Three members of the board constitute a quorum, and may exercise all the power and authority conferred on the board.

      5.  If the board conducts a hearing concerning the location of a facility for the storage of liquefied petroleum gas pursuant to NRS 590.547, the board shall:

      (a) Notify the governing body and fire protection agency of the town; and

      (b) Post a notice in a conspicuous place in the town,

in which the hearing will be held, at least 10 days before the hearing.

      6.  In addition to any other notice, the board shall post the agenda of each meeting in:

      (a) The county seat of each county in this state; and

      (b) Each city or town,

in which a project identified on the agenda is located.

      Sec. 12.  NRS 590.505 is hereby amended to read as follows:

      590.505  1.  The board may adopt a seal for its own use which must have imprinted thereon the words “Board for the Regulation of Liquefied Petroleum Gas.” The care and custody of the seal is the responsibility of the secretary-treasurer of the board.

      2.  The board may appoint an executive secretary and shall employ such other technical, clerical or investigative personnel as it deems necessary. The board shall fix the compensation of the executive secretary and all other employees, to be paid out of the money of the board. The board may require the executive secretary and any other employees to give a bond to the board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the board.

      3.  In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board shall adopt:

      (a) Written policies setting forth procedures and methods of operation for the board.

      (b) Regulations describing the responsibilities of each employee of the board.

      4.  The board shall submit to the legislature and the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period [.] and any complaints received by the board.


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

ê1989 Statutes of Nevada, Page 1839 (Chapter 768, AB 181)ê

 

      5.  The board shall keep accurate records and minutes of all meetings and the records and minutes so kept must be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which is a public record.

      Sec. 13.  NRS 590.515 is hereby amended to read as follows:

      590.515  1.  In addition to any other regulations it is authorized or required to adopt, the board shall adopt such other regulations as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using liquefied petroleum gases.

      2.  All regulations adopted by the board relating to safety must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The board shall adhere to the following conditions in this regard:

      (a) The regulations relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances must be just and reasonable and must conform, as nearly as possible, to the standards of the National Fire Protection Association, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

      (b) Before any regulations are adopted, the secretary of the board shall give at least 10 days’ notice to all applicants and licensees under NRS 590.465 to 590.645, inclusive, by mailing an accurate copy of the new, revised or amended regulations which the board proposes to adopt together with a written notice signed by the secretary. Any person affected is entitled to appear at the public hearing on the regulation in person and by counsel. A certificate reciting the adoption and the effective date must be signed by the members comprising a majority of the board. Within 10 days after the adoption of the regulation the secretary shall cause to be mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, a true and correct copy of the regulation. A facsimile of any member’s signature may be used under this paragraph if authorized by the member.

      3.  In addition, the board shall adopt regulations which:

      (a) Provide for members of the board to act, individually or collectively, as hearing officers to mediate complaints filed by persons who use liquefied petroleum gas. Any such hearing must be open to the public, recorded on tape and prior notice thereof must be mailed by the board to any person who requests to receive notice of such hearings.

      (b) Require each licensee to disclose uniformly information which the board determines is necessary to disseminate to the licensees’ customers and prospective customers. The board may adopt forms for such disclosures, but shall also require each licensee to post its rates and, upon request, disclose by telephone its applicable rates to existing and potential customers who so inquire.

      Sec. 14.  (Deleted by amendment.)


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

ê1989 Statutes of Nevada, Page 1840 (Chapter 768, AB 181)ê

 

      Sec. 15.  NRS 590.605 is hereby amended to read as follows:

      590.605  1.  Whenever the board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive [.] , or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, [such fact shall] that fact must be reported to the state sealer of weights and measures.

      2.  The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days [prior to] before the date set for the hearing, to appear and show cause, if any he has, why the licensee should not be revoked or suspended [.] or other disciplinary action should not be taken.

      3.  The board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board may revoke or suspend the license summarily [.] or take such intermediate action, including the imposition of a fine, as it deems appropriate.

      5.  The findings of the board [,] pursuant to this section, the judgment and the order [shall] must be reduced to writing and filed in the permanent public records of the board. Copies [shall] must be furnished to the licensee [.] and the complaining customer, if any. A licensee who petitions for judicial review is entitled to a trial de novo, and enforcement of the board’s order [shall] must be stayed until judicial review is completed.

      6.  In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the board.

      Sec. 16.  NRS 590.640 is hereby amended to read as follows:

      590.640  1.  Any person who violates any of the provisions of NRS 590.465 to 590.645, inclusive, and section 8 of this act, or any of the rules, regulations or specifications promulgated thereunder, [shall be] is guilty of a misdemeanor.

      2.  [Whenever] If any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against the provisions of NRS 590.465 to 590.645, inclusive, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings [under this subsection shall] pursuant to this subsection must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the board.


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

ê1989 Statutes of Nevada, Page 1841 (Chapter 768, AB 181)ê

 

of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the board.

      Sec. 17.  NRS 590.470 is hereby repealed.

      Sec. 18.  1.  This section and sections 1, 2 and 13 become effective upon passage and approval for the purpose of adopting regulations pursuant to this act and on October 1, 1989, for all other purposes.

      2.  Sections 3, 4, 5, 7 to 12, inclusive, and 14 to 17, inclusive, become effective on October 1, 1989.

      3.  Section 6 becomes effective at 12:01 a.m. on October 1, 1989.

 

________

 

 

CHAPTER 769, AB 194

Assembly Bill No. 194–Committee on Health and Welfare

CHAPTER 769

AN ACT relating to the legislative committee on health care; revising the manner in which the members, chairman and vice chairman of the legislative committee on health care are selected; requiring the committee to make annual reports to the legislative commission; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439B.200 is hereby amended to read as follows:

      439B.200  1.  There is hereby established a legislative committee on health care consisting of three members of the senate and three members of the assembly [.] , appointed by the legislative commission. The members must be appointed with appropriate regard for their experience with and knowledge of matters relating to health care. [The members must be appointed as follows:

      (a) Two members must be appointed by the majority leader of the senate;

      (b) One member must be appointed by the minority leader of the senate;

      (c) Two members must be appointed by the speaker of the assembly; and

      (d) One member must be appointed by the minority leader of the assembly.]

      2.  No member of the committee may:

      (a) Have a financial interest in a health facility in this state;

      (b) Be a member of a board of directors or trustees of a health facility in this state;

      (c) Hold a position with a health facility in this state in which the legislator exercises control over any policies established for the health facility; or

      (d) Receive a salary or other compensation from a health facility in this state.

This subsection does not prohibit a member of the committee from selling goods which are not unique to the provision of health care to a health facility if the member primarily sells such goods to persons who are not involved in the provision of health care.


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

ê1989 Statutes of Nevada, Page 1842 (Chapter 769, AB 194)ê

 

      3.  The [majority leader of the senate shall select the chairman of the committee and the speaker of the assembly shall select the vice chairman of the committee.] legislative commission shall select the chairman and vice chairman of the committee from among the members of the committee. Each such officer shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. [If a vacancy occurs in the chairmanship or vice chairmanship, the majority leader of the senate or the speaker of the assembly, as appropriate, shall appoint a replacement for the remainder of the unexpired term.]

      4.  Any member of the committee who does not return to the legislature continues to serve until the next session of the legislature convenes.

      5.  Vacancies on the committee must be filled in the same manner as original appointments.

      6.  The committee shall report annually to the legislative commission concerning its activities and any recommendations.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 770, AB 704

Assembly Bill No. 704–Committee on Ways and Means

CHAPTER 770

AN ACT relating to insurance; increasing the tax on net premiums and considerations paid by insurers; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 680B.027 is hereby amended to read as follows:

      680B.027  1.  Except as provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net premiums and net considerations at the rate of [3] 3.5 percent.

      2.  The tax must be paid at the same time the report required by NRS 680B.030 is filed.

      3.  The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1843ê

 

CHAPTER 771, AB 278

Assembly Bill No. 278–Assemblymen Thompson and Callister

CHAPTER 771

AN ACT making an appropriation from the reserve fund for the supplemental city-county relief tax to the Clark County Conservation District for the construction of irrigation pipes to reduce the salt content of the Colorado River; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to the Clark County Conservation District for the off-farm construction of irrigation pipes to reduce the salt content of the Colorado River:

For the fiscal year 1989-90............................................................................. $250,000

For the fiscal year 1990-91............................................................................. $250,000

      2.  The state controller shall not transfer money from this appropriation unless the director of the department of taxation informs him that the Clark County Conservation District has provided the director with evidence of written commitments for the following amounts of money and a schedule for its receipt:

      (a) From Clark County, the sum of $542,500;

      (b) From the Muddy Valley Irrigation Company, other local entities and grants, the sum of $476,500; and

      (c) From the Federal Government, an amount equal to 70 percent of the cost of the off-farm construction.

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 772, AB 286

Assembly Bill No. 286–Assemblymen Dini, Spinello, Regan, Sedway, Jeffrey, Humke, Kissam, Bogaert, Brookman, Price, Thompson, DuBois, Nevin, Bergevin, Gibbons, Myrna Williams and Wendell Williams

CHAPTER 772

AN ACT relating to the commission on economic development; imposing certain conditions upon the expenditure of money by the commission for the costs of opening and maintaining an office and showroom in the Taipei World Trade Center; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The commission on economic development may expend money for the opening and maintaining of an office and showroom in the Taipei World Trade Center in Taiwan only if:


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

ê1989 Statutes of Nevada, Page 1844 (Chapter 772, AB 286)ê

 

      1.  At least $25,000 for each fiscal year is contributed to the commission on economic development from the Las Vegas Convention and Visitors Authority for the support of the project;

      2.  At least $10,000 for each fiscal year is contributed to the commission on economic development from the Reno-Sparks Convention Authority for the support of the project; and

      3.  The commission on economic development, Las Vegas Convention and Visitors Authority and Reno-Sparks Convention Authority agree on a plan of expenditure for all money available for the project.

      Sec. 2.  This act becomes effective upon July 1, 1989.

 

________

 

 

CHAPTER 773, AB 338

Assembly Bill No. 338–Committee on Transportation

CHAPTER 773

AN ACT relating to motor vehicles; increasing the maximum penalty for certain unlawful acts relating to liability insurance and security for payment of liabilities arising from maintenance or use of a motor vehicle; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 485.187 is hereby amended to read as follows:

      485.187  1.  Except as otherwise provided in subsection 5, the owner of a motor vehicle shall not:

      (a) Operate the motor vehicle, if it is registered or required to be registered in this state, without having security for payment of liabilities arising from maintenance or use or the vehicle as requested by NRS 485.185.

      (b) Operate or knowingly permit the operation of the motor vehicle without having evidence of current insurance of the operator or the vehicle in the vehicle.

      (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.

      (d) Knowingly permit the operation of the motor vehicle in violation of subsection 3 of NRS 485.186.

      2.  Except as otherwise provided in subsection 3, any person who violates subsection 1 shall be fined not less than $300 nor more than [$500.] $1,000.

      3.  A person may not be fined for a violation of paragraph (a), (b) or (c) of subsection 1 if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.

      4.  Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

      5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.


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

ê1989 Statutes of Nevada, Page 1845 (Chapter 773, AB 338)ê

 

pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited time.

 

________

 

 

CHAPTER 774, AB 379

Assembly Bill No. 379–Committee on Ways and Means

CHAPTER 774

AN ACT making appropriations from the reserve fund for the supplemental city-county relief tax; appropriating money for the repair and operation of certain water systems; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

      whereas, The only practical source of water in Imlay is a water system which, until recently, was under private ownership; and

      whereas, The private owner abandoned the water system upon learning that compliance with federal regulations would require the repair of the system at substantial expense; and

      whereas, It thereby became necessary for Pershing County to provide for the health, safety and welfare of the residents of Imlay by assuming the maintenance and operation of the water system; and

      whereas, Pershing County does not have sufficient financial resources to continue both its unanticipated operation of the water system and its funding of other necessary county services; and

      whereas, The placement and condition of the water storage tanks which serve the residents of the area known as Blue Diamond cause the water pressure to be insufficient to produce the effect needed for the operation of the area’s fire hydrants; and

      whereas, Many of Blue Diamond’s municipal water pipes are undersized and many have holes that need to be patched; and

      whereas, These deficiencies coupled with the fact that the area’s wells do not produce enough water to serve the residents of Blue Diamond during the peak periods of use; and

      whereas, NRS 354.5988 authorizes special distributions to be made from the reserve fund for the supplemental city-county relief tax if unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Pershing County the sum of $110,000 for the repair and operation of a water system to serve the residents of Imlay.

      Sec. 2.  There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $300,000 to rehabilitate the water system serving the residents of the Blue Diamond area.


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

ê1989 Statutes of Nevada, Page 1846 (Chapter 774, AB 379)ê

 

County the sum of $300,000 to rehabilitate the water system serving the residents of the Blue Diamond area.

      Sec. 3.  1.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.

      2.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after the project is completed and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.

      Sec. 4.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by sections 1 and 2 of this act to the county treasurer of Pershing County and the county treasurer of Clark County, respectively.

      Sec. 5.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 775, AB 404

Assembly Bill No. 404–Assemblymen Porter, Spinello, Wendell Williams, Diamond, Callister, Arberry, Gaston, Garner, Regan, Wisdom, Freeman, Chowning, Bogaert, Sedway, Schofield and McGaughey

CHAPTER 775

AN ACT relating to contracts of insurance; requiring insurers transacting motor vehicle insurance to offer certain insureds uninsured and underinsured vehicle coverage up to the limits of the coverage for bodily injury and coverage for medical expenses; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 687B.145 is hereby amended to read as follows:

      687B.145  1.  Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

      2.  Insurance companies [doing business] transacting motor vehicle insurance in this state must offer , on a form approved by the commissioner, uninsured [motorist] and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury [coverage] sold to [the policyholder.


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

ê1989 Statutes of Nevada, Page 1847 (Chapter 775, AB 404)ê

 

to the limits of coverage for bodily injury [coverage] sold to [the policyholder. Uninsured motorist] an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of his own coverage any amount of damages for bodily injury from his insurer which he is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury [coverage] carried by that owner or operator.

      3.  An insurance company transacting motor vehicle insurance in this state must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from an accident. The offer must be made on a form approved by the commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.

      4.  An insurer shall not, as a condition of settlement of a claim against its insured, require a claimant’s insurer to waive the right to be subrogated to the rights of the claimant in an action against the insured for damages. As used in this subsection, “damages” means the amount that the insured is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the insured’s policy of casualty insurance.

      5.  As used in this section “passenger car” has the meaning ascribed to it in NRS 482.087.

      Sec. 2.  The amendatory provisions of this act apply to policies issued or renewed on or after January 1, 1990.

      Sec. 3.  This act becomes effective January 1, 1990.

 

________


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

ê1989 Statutes of Nevada, Page 1848ê

 

CHAPTER 776, SB 550

Senate Bill No. 550–Committee on Finance

CHAPTER 776

AN ACT relating to financial administration; authorizing a temporary advance from the state general fund to a certain budget account of the aging services division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the administrator of the aging services division of the department of human resources determines that current claims exceed the amount of money available because revenue from billed services has not been collected, he may request from the director of the department of administration a temporary advance from the state general fund for the payment of authorized expenses.

      2.  The director of the department of administration shall notify the state controller and the fiscal analysis division of the legislative counsel bureau of his approval of a request made pursuant to subsection 1. The state controller shall draw his warrant upon receipt of the approval by the director of the department of administration.

      3.  An advance from the state general fund:

      (a) May be approved by the director of the department of administration for the budget account of the senior services program of the aging services division of the department of human resources.

      (b) Is limited to 25 percent of the revenues expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the state general fund to the account pursuant to subsection 3 must be repaid by August 31 following the end of the immediately preceding fiscal year.

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

 

________


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

ê1989 Statutes of Nevada, Page 1849ê

 

CHAPTER 777, AB 478

Assembly Bill No. 478–Committee on Health and Welfare

CHAPTER 777

AN ACT relating to child care facilities; allowing certain children who have not been immunized to be admitted conditionally to a child care facility; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 432A.230 is hereby amended to read as follows:

      432A.230  1.  [Unless] Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this state, including a facility licensed by a county or city, unless his parents or guardian submit to the operator of the facility a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

      (a) Diphtheria;

      (b) Tetanus;

      (c) Pertussis if the child is under 6 years of age;

      (d) Poliomyelitis;

      (e) Rubella;

      (f) Rubeola; and

      (g) Such other diseases as the local board of health or the state board of health may determine.

      2.  The certificate must show that the required vaccines and boosters were given, and must bear the signature of the licensed physician or registered nurse who administered the vaccines or boosters.

      3.  [If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional admission do not apply.

      4.] A child whose parent or guardian has not established a permanent residence in the county in which a child care facility is located and whose history of immunization cannot be immediately confirmed by a physician in this state or a local health officer, may enter [a] the child care facility conditionally if the parent or guardian [submits] :

      (a) Agrees to submit within 15 days a certificate from a physician or local health officer that the child has received or is receiving the required immunizations [.] ; and

      (b) Submits proof that he has not established a permanent residence in the county in which the facility is located.

      4.  If a certificate from the physician or local health officer showing that the child has [been fully immunized is not submitted to the operator of the child care facility within 90 days after the child was conditionally admitted,] received or is receiving the required immunizations is not submitted to the operator of the child care facility within 15 days after the child was conditionally admitted, the child must be excluded from the facility.


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

ê1989 Statutes of Nevada, Page 1850 (Chapter 777, AB 478)ê

 

      5.  Before December 31 of each year, each child care facility must report to the health division of the department, on a form furnished by the division, the exact number of children who have [completed] :

      (a) Been admitted conditionally to the child care facility; and

      (b) Completed the immunizations required by this section.

 

________

 

 

CHAPTER 778, AB 451

Assembly Bill No. 451–Committee on Judiciary

CHAPTER 778

AN ACT relating to crimes; adding certain offenses to the list of crimes for which an additional penalty is prescribed if the victim is 65 years of age or older; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      193.167  1.  Any person who commits the crime of:

      (a) Assault;

      (b) Battery;

      (c) Kidnaping;

      (d) Robbery;

      (e) Sexual assault; [or]

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

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

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

against any person who is 65 years of age or older shall be punished by imprisonment in the county jail or state prison, whichever [is applicable,] applies, for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime [.] and any other additional penalty prescribed by statute.

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

 

________


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

ê1989 Statutes of Nevada, Page 1851ê

 

CHAPTER 779, AB 406

Assembly Bill No. 406–Assemblymen Porter, Spinello, Wendell Williams, Diamond, Callister, Arberry, Gaston, Garner, Regan, Wisdom, Sader, Freeman, Chowning, Bogaert, Schofield, McGaughey and Sedway

CHAPTER 779

AN ACT relating to contracts of insurance; prohibiting under certain circumstances clauses in policies of motor vehicle insurance which exclude members of the household of the named insured or another named insured from coverage for bodily injury; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows:

      A policy of motor vehicle insurance covering a private passenger car may be delivered or issued for delivery in this state if it contains an exclusion, reduction or other limitation of coverage for the liability of any named insured for bodily injury to:

      1.  Another named insured; or

      2.  Any member of the household of a named insured,

unless the named insured rejects the exclusion, reduction or other limitation of coverage after full disclosure of the limitation by the insurer on a form approved by the commissioner. The form must be written in a manner which is easily understood, printed in at least 12-point type and contain the statement “I understand that this policy excludes, reduces and limits coverage for bodily injury to members of my family and other named insureds, including the following persons:” (followed by a list of names of the family members and other named insureds whose coverage has been excluded, reduced or limited). The list of names must be handwritten by the insured and followed by his full signature. The disclosed exclusion, reduction or other limitation of coverage continues until the named insured notifies the insurer in writing of his desire to reject it. The insurer must disclose upon renewal of the policy that coverage has been excluded, reduced or limited and that the named insured has the right to reject the exclusion, reduction or limitation. The insurer must also disclose to the named insured upon renewal any additional motor vehicle coverages that the insurer sells. These disclosures must be written in a form easily understood and printed in at least 12-point type.

      Sec. 2.  This act becomes effective on January 1, 1990.

 

________


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

ê1989 Statutes of Nevada, Page 1852ê

 

CHAPTER 780, SB 98

Senate Bill No. 98–Senators Hickey, Beyer, Coffin, Getto, Horn, Jacobsen, Joerg, Malone, Mello, Neal, O’Connell, O’Donnell, Raggio, Rawson, Shaffer, Titus and Wagner

CHAPTER 780

AN ACT relating to correctional institutions; requiring the establishment of a program of regimental discipline; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      The director, with the approval of the board, shall establish and administer a program of regimental discipline for persons who are ordered to undergo such a program pursuant to section 4 of this act. The program must include:

      1.  Incarceration and segregation of the persons in an appropriate facility of the department;

      2.  Strenuous physical exercise and hard labor;

      3.  Military drills; and

      4.  Sessions for instruction in:

      (a) The recognition and prevention of the abuse of alcohol and drugs;

      (b) The management of stress;

      (c) Building character;

      (d) Learning to behave in a rational manner; and

      (e) Preparing for and obtaining employment.

      Sec. 2.  Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  The legislature hereby determines and declares that a program of regimental discipline is not to be used as an alternative to probation, but as an alternative to incarceration.

      Sec. 4.  1.  If a defendant:

      (a) Is male;

      (b) Has been convicted of a felony that does not involve an act of violence;

      (c) Is at least 18 years of age;

      (d) Has never been incarcerated in jail or prison as an adult for more than 6 months; and

      (e) Is otherwise eligible for probation,

the court may order the defendant satisfactorily to complete a program of regimental discipline for 150 days before sentencing the defendant or in lieu of causing the sentence imposed to be executed upon violation of a condition of probation or suspension of sentence.

      2.  If the court orders the defendant to undergo a program of regimental discipline, it:

      (a) Shall place the defendant under the supervision of the director of the department of prisons for 150 days, the first 30 days of which must be used to determine the defendant’s eligibility to participate in the program.


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

ê1989 Statutes of Nevada, Page 1853 (Chapter 780, SB 98)ê

 

      (b) Shall, if appropriate, direct the chief parole and probation officer to provide a copy of the defendant’s records to the director of the department of prisons.

      (c) Shall require the defendant to be returned to the court not later than 30 days after he is placed under the supervision of the director, if he is determined to be ineligible for the program.

      (d) May require such reports concerning the defendant’s participation in the program as it deems desirable.

      3.  If the defendant is ordered to complete the program before sentencing, the director of the department of prisons shall return the defendant to the court not later than 150 days after the defendant began the program. The director shall certify either that the defendant satisfactorily completed the program or that he did not, and shall report of the results of his evaluation, including any recommendations which will be helpful in determining the proper sentence. Upon receiving the report, the court shall sentence the defendant.

      4.  If the defendant is ordered to complete the program in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation and the defendant satisfactorily completes the program, the director of the department of prisons shall, not later than 150 days after the defendant began the program, return the defendant to court with certification that the defendant satisfactorily completed the program. The court shall direct that:

      (a) The defendant be placed under supervision of the chief parole and probation officer; and

      (b) The director of the department of prisons cause a copy of the records concerning the defendant’s participation in the program to be provided to the chief parole and probation officer.

      5.  If a defendant is ordered to complete the program of regimental discipline in lieu of causing the sentence imposed to be executed upon the violation of a condition of probation, a failure by the defendant satisfactorily to complete the program constitutes a violation of that condition of probation and the director of the department of prisons shall return the defendant to the court.

      6.  Time spent in the program must be deducted from any sentence which may thereafter be imposed.

      Sec. 5.  NRS 176.145 is hereby amended to read as follows:

      176.145  The report of the presentence investigation must contain:

      1.  Any prior criminal record of the defendant;

      2.  Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;

      3.  Information concerning the effect that the crime committed by the defendant has had upon the victim, including but not limited to any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;

 


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

ê1989 Statutes of Nevada, Page 1854 (Chapter 780, SB 98)ê

 

solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;

      4.  A recommendation of a definite term of confinement or an amount of fine , or both; [and]

      5.  A recommendation, if the department deems it appropriate, that the defendant undergo a program of regimental discipline pursuant to section 4 of this act; and

      6.  Such other information as may be required by the court.

The department of parole and probation may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.

      Sec. 6.  NRS 176.158 is hereby amended to read as follows:

      176.158  1.  If a defendant has:

      (a) Been convicted of a felony for which he may be sentenced to imprisonment; and

      (b) Never been sentenced to imprisonment as an adult for more than 6 months,

the court may, before sentencing the defendant [,] and in lieu of ordering the defendant to complete a program of regimental discipline pursuant to section 4 of this act, commit him to the custody of the director of the department of prisons for not more than 120 days. The period of commitment may be extended once for another period of 60 days at the request of the department of prisons. During the time for which a defendant is committed to the custody of the director, the director may assign the defendant to appropriate programs of rehabilitation to facilitate the evaluation of the defendant required under subsection 2.

      2.  The department of prisons shall conduct a complete evaluation of the defendant during the time of commitment under this section, and shall inquire into such matters as his previous delinquency or criminal record, social background and capabilities, his mental, emotional and physical health, and the resources and programs available to suit his needs for rehabilitation.

      3.  The department of prisons shall return the defendant to the court not later than the end of the period for which he was committed under this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.

      4.  Upon receiving the report and recommendations, the court shall sentence the defendant to:

      (a) An appropriate term of imprisonment the duration of which must be computed from the date of commitment under subsection 1; or

      (b) Probation, a condition of which must be that the defendant serve a number of days in the state prison equal to or greater than the number of days spent in confinement under subsection 1, including the day of commitment.

      Sec. 7.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive [:] , and section 4 of this act:

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

      2.  “Court” means a district court of the State of Nevada.


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

ê1989 Statutes of Nevada, Page 1855 (Chapter 780, SB 98)ê

 

      3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

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

      Sec. 8.  NRS 176.205 is hereby amended to read as follows:

      176.205  By order duly entered, the court may impose, and may at any time modify, any conditions of probation or suspension of sentence. The court shall cause a copy of any such order to be delivered to the parole and probation officer and the probationer. A copy of the order must also be sent to the director of the department of prisons if the probationer is under the supervision of the director pursuant to section 4 of this act.

      Sec. 9.  NRS 176.221 is hereby amended to read as follows:

      176.221  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, and may:

      1.  Continue or revoke the probation or suspension of sentence;

      2.  Order the probationer to a term of residential confinement pursuant to NRS 176.2231; [or]

      3.  Order the probationer to undergo a program of regimental discipline pursuant to section 4 of this act; or

      4.  Cause the sentence imposed to be executed.

      Sec. 10.  1.  There is hereby appropriated from the state general fund to the state public works board the sum of $155,000 for the payment of expenses related to the expansion of the multi-purpose building at the Indian Springs Conservation Camp.

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

      Sec. 11.  1.  There is hereby appropriated from the state general fund to the department of prisons the sum of $358,244 to carry out the provisions of sections 1 to 9, inclusive, of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 12.  1.  This section and section 10 of this act become effective on June 30, 1989.

      2.  Section 11 of this act becomes effective on July 1, 1990.

      3.  Sections 1 to 9, inclusive, of this act become effective on September 1, 1990.

 

________


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

ê1989 Statutes of Nevada, Page 1856ê

 

CHAPTER 781, AB 948

Assembly Bill No. 948–Committee on Legislative Functions

CHAPTER 781

AN ACT relating to the legislature; authorizing the inscription of “Assemblywoman” on the business cards and official stationery of the female members of the assembly; revising the inscription on the special license plates issued to assemblymen; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.225 is hereby amended to read as follows:

      218.225  1.  At each regular session of the legislature, each [senator and assemblyman] legislator is entitled to receive at the expense of the legislative fund from the state printing and micrographics division of the department of general services the following:

      (a) Not to exceed 1,000 letterheads (8 1/2 inches x 11 inches) and 1,000 half size, or 2,000 or either variety;

      (b) Not to exceed 1,000 No. 10 envelopes and 1,000 No. 6 3/4 envelopes, or 2,000 or either variety; and

      (c) Not to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).

Selections must be made from samples submitted by the superintendant of the state printing and micrographics division of the department of general services and all printing must be done in the state printing and micrographics division of the department of general services.

      2.  Each female member of the assembly is entitled to have the word “Assemblywoman” precede the inscription of her name on her official stationery and business cards.

      3.  All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay [such] the claims from the legislative fund in the same manner as other claims against the state are paid.

      [3.] 4.  A legislator may purchase from the state printing and micrographics division of the department of general services official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.

      Sec. 2.  NRS 482.374 is hereby amended to read as follows:

      482.374  1.  The department shall furnish to each state senator and state assemblyman a special license plate or plates showing on the face thereof, in the cast of the senators, “State Senator,” together with the designated number showing the seniority of the senator in the senate, and, in the case of the assemblymen, “State Assemblyman [,] ” or “State Assemblywoman,” as appropriate, together with the designated number showing the seniority of the assemblyman in the assembly. If two or more legislators have the same seniority, the designated number given to them [shall] must be determined according to the alphabetical order of their last names, except that numbers drawn by lot by legislators having the same seniority prior to January 1, 1971, [shall] must be maintained in the same sequence.


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

ê1989 Statutes of Nevada, Page 1857 (Chapter 781, AB 948)ê

 

drawn by lot by legislators having the same seniority prior to January 1, 1971, [shall] must be maintained in the same sequence.

      2.  The department shall furnish to each justice of the supreme court, in order of seniority, a special plate or plates showing on the face thereof: “Supreme Court Justice 1”; “Supreme Court Justice 2”; “Supreme Court Justice 3”; “Supreme Court Justice 4”; and “Supreme Court Justice 5.” If two or more justices have the same seniority, the designated number given to them [shall] must be determined according to the alphabetical order of their last names.

      3.  The department shall issue the licenses and duplicate set of license plates described in [subsections 1 and 2] this section to the state legislators and justices of the supreme court on payment of the license fees as authorized by law.

 

________

 

 

CHAPTER 782, AB 75

Assembly Bill No. 75–Assemblymen Swain, Dini, Schofield, DuBois, Gaston, Wisdom, Diamond, Myrna Williams, Evans, Chowning, Garner, Callister, Gibbons, Regan, Price, Carpenter, Bergevin, Freeman, Porter, Kerns, Marvel, Spinello, Nevin, Spriggs, Wendell Williams, McGaughey, Lambert, Arberry, Kissam and Sedway

CHAPTER 782

AN ACT making an appropriation to the Nevada Humanities Committee for costs to maintain staff and offices in Reno and Las Vegas; and providing other matters properly relating thereto.

 

[Approved July 5, 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 Nevada Humanities Committee the sum of $10,000 for the costs of maintaining staff and offices in Reno and Las Vegas.

      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 June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1858ê

 

CHAPTER 783, AB 45

Assembly Bill No. 45–Committee on Ways and Means

CHAPTER 783

AN ACT relating to indigent persons; increasing the rate of property tax levied for the support of indigent persons by a county; authorizing a county to adopt an additional increase in the rate of that tax; clarifying the provisions governing the county of residence of an indigent person; revising the provisions governing the amount of money allocated in the budget for medical assistance to indigent persons in larger counties; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 428.020 is hereby amended to read as follows:

      428.020  [As used in]

      1.  For the purposes of NRS 428.010 to 428.110, inclusive, [“residence” shall be taken to mean and shall be considered to mean the actual residence of each of such persons, or the place where each such person was employed; or in case such person was in no employment, then it shall be considered and held to be the place where such person made his home or his headquarters.] the county of residence of a person is the county in which he is presently residing if he has resided in that county for at least 6 consecutive weeks. If the person has not resided in the county in which he is presently residing for at least 6 consecutive weeks, his county of residence is the last county in Nevada in which he resided for at least 6 consecutive weeks. If the person has not resided in a county in Nevada for at least 6 consecutive weeks, he shall be deemed a nonresident.

      2.  As used in this section, “reside” means to be physically present at a place for at least 4 days out of each week with intent to dwell in that place permanently or continuously.

      Sec. 2.  NRS 428.030 is hereby amended to read as follows:

      428.030  1.  When any person meets the uniform standards of eligibility established by the board of county commissioners or by NRS 439B.310, if applicable, then he is entitled to receive such relief as is in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of the money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      2.  The board of county commissioners of the county of residence of indigent inpatients shall pay hospitals for the costs of treating those indigent inpatients [who reside in the county] and any nonresident indigent inpatients who fall sick in the county an amount which is not less than 85 percent of the payment required for providing the same treatment to patients pursuant to the state plan for assistance to the medically indigent, within the limits of money which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

      3.  The board of county commissioners may:

      (a) Make contracts for the necessary maintenance of [poor] indigent persons;


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

ê1989 Statutes of Nevada, Page 1859 (Chapter 783, AB 45)ê

 

      (b) Appoint such agents as the board deems necessary to oversee and provide the necessary maintenance of [poor] indigent persons;

      (c) Authorize the payment of cash grants directly to [poor] indigent persons for their necessary maintenance; or

      (d) Provide for the necessary maintenance of [poor] indigent persons by the exercise of the combination of one or more of the powers specified in paragraphs (a), (b) and (c).

      Sec. 3.  NRS 428.040 is hereby amended to read as follows:

      428.040  When an application is made by [any pauper] an indigent person to the board of county commissioners of any county for relief, the board of county commissioners shall require [of the pauper a statement that he is or intends to become a resident of that county.] the indigent person to provide the information necessary to determine his county of residence or nonresident status.

      Sec. 4.  NRS 428.060 is hereby amended to read as follows:

      428.060  1.  If it appears to the satisfaction of the board of county commissioners that [a pauper] the county of residence of an indigent person applying for relief [has not established his residence and came to the county for some other purpose, but before coming to the county was a resident of some other county of this state,] is another county in this state, the board shall provide temporary relief for the [pauper] indigent person in accordance with the policies and standards established and approved by the board of county commissioners and within the limits of money which may be lawfully appropriated thereby for this purpose pursuant to NRS 428.050, 428.285 and 450.425, and shall notify immediately the board of county commissioners of the county [where the pauper last had a residence.] of residence of the indigent person.

      2.  The notice must be in writing, [duly] attested by the clerk of the board of county commissioners, and deposited in the post office, addressed to the board of county commissioners of the other county.

      3.  The board of county commissioners receiving the notice may cause the [pauper] indigent person to be removed immediately to that county, and shall pay a reasonable compensation for the temporary relief afforded. If the board of county commissioners chooses not to remove the [pauper,] indigent person, the county affording relief has a legal claim against any money lawfully available in that county for the relief necessarily furnished, and may recover it in a suit at law.

      Sec. 5.  NRS 428.080 is hereby amended to read as follows:

      428.080  Notwithstanding any other provision of law, the board of county commissioners [of each of the several counties is authorized to] may make budgetary provision for the transportation of an indigent person who is a nonresident [indigents from their respective counties to the residence of such indigents. When funds are] or whose county of residence is another county, to the state or county of residence of the indigent person. If money is so budgeted, the board of county commissioners is authorized to direct their expenditure for [such purposes.] that purpose.

      Sec. 6.  NRS 428.110 is hereby amended to read as follows:

      428.110  1.  [Every person, firm or corporation, or the officers, agents, servants or employees of any person, firm or corporation, bringing into or leaving within, or aiding in the bringing into or the leaving within, any county in the State of Nevada any pauper or poor or indigent or incapacitated or incompetent person mentioned in NRS 428.010, in which county such person is not lawfully settled or not lawfully residing as defined in NRS 428.020, knowing him to be such pauper or poor or indigent or incapacitated or incompetent person,] Any person who brings into or leaves within, or aids another person in bringing into or leaving within any county, an indigent person who is a nonresident or whose county of residence is another county, knowingly and for the purpose of imposing [such] the indigent person as a public charge on the county to which [such person shall be taken, shall be] the person is brought or left is guilty of a misdemeanor.


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

ê1989 Statutes of Nevada, Page 1860 (Chapter 783, AB 45)ê

 

leaving within, or aiding in the bringing into or the leaving within, any county in the State of Nevada any pauper or poor or indigent or incapacitated or incompetent person mentioned in NRS 428.010, in which county such person is not lawfully settled or not lawfully residing as defined in NRS 428.020, knowing him to be such pauper or poor or indigent or incapacitated or incompetent person,] Any person who brings into or leaves within, or aids another person in bringing into or leaving within any county, an indigent person who is a nonresident or whose county of residence is another county, knowingly and for the purpose of imposing [such] the indigent person as a public charge on the county to which [such person shall be taken, shall be] the person is brought or left is guilty of a misdemeanor.

      2.  [If any person shall bring and leave any pauper in any county in this state, wherein such pauper is not lawfully settled, knowing him to be a pauper, he] Any person who brings into or leaves within any county, an indigent person who is a nonresident or whose county of residence is another county, knowing him to be an indigent person, shall forfeit and pay the sum of $100 for [every such] each offense, to be sued for and recovered by and to the use of [such] the county in a civil action before any court [having jurisdiction of the same.] of competent jurisdiction.

      Sec. 7.  NRS 428.185 is hereby amended to read as follows:

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

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

      (a) First multiplying the tax rate [established in subsection 1] of 1.5 cents on each $100 of assessed valuation by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.

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

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

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

      [4.] 3.  The proceeds of this tax must be remitted in the manner provided for in NRS 361.745 to the state treasurer for credit to the fund for hospital care to indigent persons.

      Sec. 8.  NRS 428.285 is hereby amended to read as follows:

      428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

      2.  In addition to the [levy] levies provided in NRS 428.050 [, for the fiscal year beginning July 1, 1985, the board of county commissioners of each county shall levy a tax ad valorem of 3 cents on each $100 of assessed valuation upon all taxable property in the county.


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

ê1989 Statutes of Nevada, Page 1861 (Chapter 783, AB 45)ê

 

county shall levy a tax ad valorem of 3 cents on each $100 of assessed valuation upon all taxable property in the county.

      2.  For each fiscal year thereafter,] and 428.185, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate [prescribed in] established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

      3.  For each fiscal year beginning on or after July 1, [1985,] 1989, the board of county commissioners of each county shall [, before the end of the fiscal year,] remit to the state treasurer from the money in the fund an amount of money equivalent to [three-tenths of one] 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the supplemental fund.

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

      Sec. 9.  NRS 428.295 is hereby amended to read as follows:

      428.295  1.  For each fiscal year the board of county commissioners shall, in the preparation of its final budget, allocate money for medical assistance to indigents pursuant to this chapter. [The]

      2.  In a county whose population is less than 400,000, the amount allocated must be calculated by multiplying the amount allocated for that purpose for the previous fiscal year by 104.5 percent.

      [2.] 3.  When, during any fiscal year, the amount of money expended by the county for any program of medical assistance for those persons eligible pursuant to this chapter exceeds the amount allocated for that purpose in its budget, the board of county commissioners shall, to the extent that money is available in the fund, pay claims against the county from the fund for that purpose.

      Sec. 10.  NRS 428.305 is hereby amended to read as follows:

      428.305  1.  The supplemental fund for medical assistance to indigent persons is created as a trust fund. Any money recovered pursuant to NRS 428.345 and the interest earned on the money in the supplemental fund must be deposited for credit to the supplemental fund.

      2.  If the balance in the supplemental fund exceeds [$1,000,000] $2,000,000 on May 1, the excess must be credited pro rata against the amounts due from the respective counties.

      Sec. 11.  NRS 439B.330 is hereby amended to read as follows:

      439B.330  1.  Except as otherwise provided in NRS 439B.300 and subsection 2 of this section, each county shall use the definition of “indigent” in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

      2.  A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:

      (a) Pay a higher rate to the hospital for treatment of indigent inpatients;


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

ê1989 Statutes of Nevada, Page 1862 (Chapter 783, AB 45)ê

 

      (b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or

      (c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.

      3.  Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county [in which the patient resides] of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the department and the county to be included in all such forms.

      4.  The county which receives a discharge form from a hospital for an indigent patient shall verify the status of the patient and the amount which the hospital is entitled to receive.

      5.  Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 439B.320, if the [patient is a resident of the county and] county is the county of residence of the patient and the patient is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.

      6.  For the purposes of this section, the county of residence of the patient must be determined pursuant to NRS 428.020.

      Sec. 12.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 784, SB 220

Senate Bill No. 220–Senators Vergiels, Shaffer, Townsend, Horn, Malone, Mello, Hickey, Titus and Jacobsen

CHAPTER 784

AN ACT relating to insurance; requiring certain insurers to reduce their rates for motor vehicle liability insurance; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  For any coverage for a policy of motor vehicle liability insurance issued or renewed on or after October 1, 1989, every insurer shall reduce its charges for motor vehicle liability insurance to levels which are at least 15 percent less than the charges for the same coverage which were in effect on July 1, 1988. For those persons who apply for a policy of motor vehicle liability insurance for the first time on or after October 1, 1989, the rate must be 15 percent less than the rate which was in effect on July 1, 1988, for similarly situated risks.

      2.  Between October 1, 1989, and October 1, 1990, rates and premiums reduced pursuant to this subsection may only be increased if the commissioner of insurance finds, after a hearing, that an insurer is substantially threatened with insolvency. The commissioner of insurance shall consider the profitability of all lines of insurance transacted by an insurer licensed to do business in this state in determining whether the insurer is substantially threatened with insolvency.


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

ê1989 Statutes of Nevada, Page 1863 (Chapter 784, SB 220)ê

 

profitability of all lines of insurance transacted by an insurer licensed to do business in this state in determining whether the insurer is substantially threatened with insolvency. For the purposes of this subsection, “insolvency” means the financial condition wherein the sum of the insurer’s debts is greater than all of the insurer’s property, at fair valuation.

      3.  Any separate affiliate of an insurer, established on or after October 1, 1989, is subject to the provisions of this section and shall reduce its charges to levels which are at least 15 percent less than the insurer’s charges in effect on July 1, 1988.

      4.  Notwithstanding any previous notice of cancellation or renewal, any insurer that has issued a policy of motor vehicle liability insurance in this state that is in effect on October 1, 1989, and has a scheduled date for termination before October 1, 1990, shall not cancel that policy before October 1, 1990, or refuse to renew or extend that policy through September 30, 1990, for the purpose of avoiding the limit on rates required by this section.

      5.  Any insurer who cancels or fails to renew policies of motor vehicle liability insurance at a rate that exceeds his average monthly rate of cancellation or failure to renew, respectively, for the preceding 24 months by more than 10 percent during any 30-day period between October 1, 1989, and October 1, 1990, is required to show cause immediately to the commissioner why he is not in violation of this section. Any violation of this section is a violation of the Nevada Insurance Code. If the commissioner determines that the reason for the increase in the rate of cancellation of or failure to renew policies is an attempt to circumvent the reductions in rates, he may take appropriate disciplinary action.

      6.  For the purposes of this section, “insurer” has the meaning ascribed to it in NRS 679A.100.

      Sec. 2.  This act becomes effective on October 1, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1864ê

 

CHAPTER 785, SB 189

Senate Bill No. 189–Senators Getto, Wagner, Horn, Beyer, Coffin, Jacobsen, Joerg, O’Donnell, Rawson, Shaffer, Smith, Titus, Townsend and Vergiels

CHAPTER 785

AN ACT relating to natural resources; directing the submission to a vote of the people of a proposal to issue state general obligation bonds for the acquisition of property and water rights to protect and preserve the natural resources of the state; providing for the use of the proceeds if the issue is approved; authorizing the state board of examiners to use money from certain previously authorized general obligation bonds for the purchase of water rights and land; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  At the general election to be held in the State of Nevada in 1990, there shall be submitted to the voters of the state, in the manner prescribed by chapter 349 of NRS, a proposal to issue general obligation bonds of the state for the purposes of protecting, preserving and obtaining the benefits of natural resources in an amount of not more than $47,200,000. If the proposal is carried, the bonds may be issued at one time or from time to time.

      Sec. 2.  Of the total bond issue:

      1.  An amount of $34,200,000 must be allocated to the division of state parks of the state department of conservation and natural resources for the following purposes:

      (a) An amount of $7,000,000 for the acquisition of real or personal property or interests in real or personal property.

      (b) An amount of $8,600,000 for the development of state park facilities.

      (c) An amount of $300,000 for the preparation of plans to determine the feasibility of developing state parks, land for state parks and a means of transportation to state parks.

      (d) An amount of $13,300,000 to be allocated to Clark County to develop a county regional wetlands park at the Las Vegas Wash. The money must be used to:

             (1) Divert water, control erosion and make improvements to restore the existing wetlands;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the park.

      (e) An amount of $5,000,000 to be allocated to Washoe County to develop county regional parks. The money must be used to:

             (1) Divert water and control erosion;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the parks.

      2.  An amount of $13,000,000 must be allocated to the department of wildlife for the following purposes:


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

ê1989 Statutes of Nevada, Page 1865 (Chapter 785, SB 189)ê

 

      (a) An amount of $6,000,000 for the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real or personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof.

      (b) An amount of $2,000,000 for the development of facilities or the improvement of existing fish and wildlife habitats.

      (c) An amount of $5,000,000 for the purchase or lease of water rights and associated interests in land or property for the protection of habitats of fish and game.

      Sec. 3.  1.  If, on the application of the administrator of the division of state parks of the state department of conservation and natural resources or the director of the department of wildlife, the interim finance committee finds that specified real or personal property, interests in real or personal property, other expenditures authorized by sections 1 to 5, inclusive, of this act, or a combination thereof, ought to be acquired or funded for any one of the purposes recited in section 2 of this act, it may direct:

      (a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to sections 1 and 2 of this act;

      (b) The administrator of the division of state lands to acquire the property from the proceeds of the bonds; and

      (c) The administrator of the division of state parks of the state department of conservation and natural resources or the director of the department of wildlife to develop the property from the proceeds of the bonds or make such other expenditures as are authorized by sections 1 to 5, inclusive, of this act.

      2.  Neither the administrator of the division of state parks of the state department of conservation and natural resources nor the director of the department of wildlife may expend more than the amount authorized for the acquisition and development of real or personal property, interests in real or personal property or a combination thereof, pursuant to sections 1 and 2 of this act, unless he has obtained prior approval from the interim finance committee.

      3.  Any real or personal property, interest in any real or personal property, or any combination thereof, may be acquired pursuant to the provisions of sections 1 to 5, inclusive, of this act only from willing sellers, and the acquisition of that property or interest must not have a negative impact on the distribution of water to other persons who hold valid water right claims.

      4.  Before any real property is acquired for the purposes of subsection 2 of section 2 of this act, except water rights, the department of wildlife shall make a good faith effort to acquire an easement for conservation pursuant to NRS 111.390 to 111.440, inclusive. The department shall keep a written record of all unsuccessful attempted acquisitions of such easements and report those records to the interim finance committee.

      Sec. 4.  The legislature finds and declares that the issuance of bonds pursuant to sections 1 to 5, inclusive, of this act is necessary for the protection and preservation of the property and the natural resources of this state and for the purpose of obtaining the benefits thereof, and that the issuance constitutes an exercise of authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.


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

ê1989 Statutes of Nevada, Page 1866 (Chapter 785, SB 189)ê

 

      Sec. 5.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of the bonds and the acquisition of property under sections 1 to 5, inclusive, of this act.

      Sec. 6.  Chapter 478, Statutes of Nevada 1983, at page 1269, is hereby amended by adding thereto a new section to be designated as sec. 2.5, immediately following sec. 2, to read as follows:

       Sec. 2.5.  If the governor finds and declares that the agreement or agreements concerning the settlement of disputes related to the Truckee River and the Carson River which provide the basis for undertaking any project described in section 1 of this act cannot be carried out, the director of the state department of conservation and natural resources, with the cooperation of the director of the department of wildlife, may develop a plan to carry out any project described in section 1 of this act. Upon the approval of the plan by the governor, the state board of examiners shall, on behalf of the State of Nevada, issue general obligation bonds of the State of Nevada to carry out the plan, but not more than $8,000,000 in face amount. The bonds may be issued at one time or from time to time.

      Sec. 7.  Section 1 of chapter 478, Statutes of Nevada 1983, at page 1269, is hereby amended to read as follows:

       Section 1.  The director of the state department of conservation and natural resources shall participate, on behalf of the state, in negotiations with agencies of the Federal Government and other appropriate agencies or organizations concerning projects to conserve , distribute and allocate water associated with the Truckee River , the Carson River, the Lahontan Valley Wetlands and the Newlands Federal Reclamation Project . [, and the] The projects may include projects for the purchase or lease of water rights, land or interests in land and any water rights appurtenant thereto, or projects to mitigate losses to natural resources. The governor, on behalf of the State of Nevada, may enter into an agreement [which defines] or agreements which define the rights, powers, duties and obligations of the state, the Federal Government and any other appropriate agency or organization with respect to those projects, but the state’s share of the costs associated with those projects must not exceed $8,000,000 [.] , and providing that not more than $4,000,000 of that amount may be used for the purchase or lease of water rights or interests in land and any water rights appurtenant thereto.

      Sec. 8.  Section 2 of chapter 478, Statutes of Nevada 1983, at page 1269, is hereby amended to read as follows:

       Sec. 2.  After any of the [agreement] agreements described in section 1 of this act [has] have been entered into, the state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to pay the state’s share of costs associated with projects authorized pursuant to section 1 of this act for the conservation , distribution and acquisition of water associated with the Truckee River , the Carson River, the Lahontan Valley Wetlands and the Newlands Federal Reclamation Project, but not more than $8,000,000 in face amount.


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

ê1989 Statutes of Nevada, Page 1867 (Chapter 785, SB 189)ê

 

$8,000,000 in face amount. The bonds may be issued at one time or from time to time.

 

________

 

 

CHAPTER 786, SB 348

Senate Bill No. 348–Senators O’Donnell and Townsend

CHAPTER 786

AN ACT relating to mobile home parks; requiring master meters for water service to newly constructed parks; prohibiting a landlord from directly charging tenants for costs related to providing utility services to the common areas of the park if the costs can be identified; authorizing a landlord to use service charges for certain utilities collected from tenants for the payment of related taxes and preventative maintenance; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in NRS 704.910 to 704.960, inclusive, “utility” includes a public utility and all city, county or other governmental entities which provide electric, gas or water service to a mobile home park.

      Sec. 2.  NRS 704.910 is hereby amended to read as follows:

      704.910  1.  The provisions of NRS 704.910 to 704.960, inclusive, apply to mobile home parks governed by the provisions of chapters 118B and 461A of NRS, [public and municipal] utilities which provide service to those parks and landlords who operate those parks.

      2.  A utility which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in mobile homes or for the landlord’s residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility to its residential customers.

      Sec. 3.  NRS 704.920 is hereby amended to read as follows:

      704.920  1.  The commission shall require a public utility which provides service to a mobile home park or an independent person who is qualified to conduct examinations to examine the test the lines and equipment for distributing electricity and gas within the park at the request of the manufactured housing division of the department of commerce or a city or county which has responsibility for the enforcement of the provisions of chapter 461A of NRS. The [serving] utility, the person selected to conduct the examination and the commission may enter a mobile home park at reasonable times to examine and test the lines and equipment, whether or not they are owned by a [public] utility.

      2.  The [serving] utility or the person selected to conduct the examination shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the commission.


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

ê1989 Statutes of Nevada, Page 1868 (Chapter 786, SB 348)ê

 

for distributing electricity and gas, and shall report the results of the examination and testing to the commission.

      3.  The owner of the mobile home park shall pay for the costs of the examination and testing.

      4.  If the landlord of a mobile home park refuses to allow the examination and testing to be made as provided in this section, the commission shall deem the unexamined lines and equipment to be unsafe for service.

      5.  If the commission finds:

      (a) Or deems any lines or equipment within a mobile home park to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park.

      (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord to repair or replace such lines and equipment. For this purpose the landlord may expend some or all of the money in his account for service charges for utilities, which he is required to keep under NRS 704.940.

      Sec. 4.  NRS 704.930 is hereby amended to read as follows:

      704.930  If a [public utility regulated by the commission] utility furnishes service to a mobile home park and the landlord of the park charges his tenants for that service, he shall:

      1.  Provide that service to his tenants in a manner which is consistent with the utility’s tariffs on file with the commission [.

      2.  Whenever] and any law, ordinance or governmental regulation relating to the provision of those services.

      2.  Not more than 5 days after he receives notice of a proposed increase in the utility’s rates, [he shall, not more than 5 days after his receipt of the notice,] give notice to his tenants of the proposed increase.

      Sec. 5.  NRS 704.940 is hereby amended to read as follows:

      704.940  1.  In a mobile home park where the landlord is billed by a [serving] gas or electric utility and in turn charges the tenants for the service provided by the utility, and the park:

      (a) Is equipped with individual meters for each lot, the landlord shall not charge a tenant for that service at a rate higher than the rate paid by the landlord.

      (b) Is not equipped with individual meters for each lot, the landlord shall prorate the cost of the service equally among the tenants of the park who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord.

      2.  In a mobile home park where the landlord is billed by a water utility and in turn charges the tenants for the service provided by the utility, and the park:

      (a) Is equipped with individual meters for each lot, the landlord shall not charge a tenant for that service at a rate higher than the rate paid by the landlord.

      (b) Is not equipped with individual meters for each lot:

             (1) The landlord shall not convert from the master-metered system to individual meters; and


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

ê1989 Statutes of Nevada, Page 1869 (Chapter 786, SB 348)ê

 

             (2) The landlord shall prorate the cost of the service equally among the tenants of the park who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord.

      3.  To the extent the cost of providing service to the common area of a mobile home park can be identified, the landlord may not recover the cost of service provided by the utility to the common area of the mobile home park by directly charging the tenant for those services.

      4.  The landlord may assess and collect a charge to reimburse him for the actual cost of the service charge he is required to pay to a water utility serving the park. If he collects such a charge, he shall prorate the actual cost of the service charge to the tenants who use the service. He shall not collect more than the aggregate cost of the service to him. The landlord may assess and collect a service charge for gas and electric utilities from the tenants of the park, but the amount of the charge must not be more than the tenants would be required to pay the serving utility. The landlord shall:

      (a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for preventative maintenance of for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the commission; and

      (b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the commission on or before [January 15] March 30 of each year.

      [3.] 5.  Money collected by the landlord for service provided by a utility to the tenants of a mobile home park may not be used to maintain, repair or replace utility lines or equipment serving the common area of the mobile home park.

      6.  The landlord shall itemize all charges for utilities on all bills for rent. He may pass through to the tenant any increase in a rate for a utility and shall pass through any decrease in a charge for a utility as it becomes effective.

      [4.] 7.  The landlord shall retain for at least 3 years a copy of all billings for utilities made to his tenants and shall make these records available upon request to the commission for verification of charges made to tenants for utilities.

      [5.] 8.  A landlord whose interest in a mobile home park terminates for any reason shall transfer to his successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the commission.

      [6.] 9.  The commission may at any time examine all books and records which relate to the landlord’s purchase of or billing for a service provided by a utility if he is charging the tenants of the mobile home park for that service.

      Sec. 6.  NRS 461A.230 is hereby amended to read as follows:

      461A.230  1.  Each mobile home park constructed after July 1, 1981, but before October 1, 1989, must provide direct electrical and gas service from the utility to each lot if those services are available.

      2.  Each mobile home park constructed after October 1, 1989, must provide direct:


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

ê1989 Statutes of Nevada, Page 1870 (Chapter 786, SB 348)ê

 

      (a) Electrical and gas service from a public utility or a city, county or other governmental entity which provides electrical or gas service, to each lot if those services are available.

      (b) Water service from a public utility or a city, county or other governmental entity which provides water service, the provisions of NRS 704.230 notwithstanding, to the park if that service is available. The water service must be connected to a master meter and not to individual meters for each lot.

 

________

 

 

CHAPTER 787, SB 333

Senate Bill No. 333–Senators Rawson, Townsend, Getto, Smith, Titus, Mello, Shaffer, Beyer, O’Connell and Malone

CHAPTER 787

AN ACT relating to animals; increasing the penalty for instigating fights between birds or animals; increasing the penalty for instigating fights between dogs; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 574.070 is hereby amended to read as follows:

      574.070  [A] 1.  Except as otherwise provided in this section, a person who sets on foot, instigates, promotes or carries on, or does any act as assistant, umpire or principal, [or is a witness of,] or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or bulls, bears or other animals [,] in an exhibition or for amusement or gain, premeditated by any person owning or having custody of such birds or animals, is guilty of a gross misdemeanor, but if any dog is used in such a fight the person [is guilty of a gross misdemeanor.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000. If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.

      2.  Any person who is a witness of any fight between cocks or other birds, or bulls, bears or other animals in an exhibition or for amusement or gain, premeditated by any person having custody of such birds or animals, is guilty of a misdemeanor.

      3.  This section does not prohibit the use of dogs or birds for:

      (a) The management of livestock by the owner thereof, his employees or agents or any other person in the lawful custody of the livestock; or

      (b) Hunting as permitted by law.

 

________


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

ê1989 Statutes of Nevada, Page 1871ê

 

CHAPTER 788, AB 2

Assembly Bill No. 2–Assemblyman Sader

CHAPTER 788

AN ACT relating to elections; repealing the prospective expiration of the statutory provisions authorizing a person to register to vote when he applies for a driver’s license or identification card or to register a motor vehicle; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 6 of Assembly Bill No. 418 of this session is hereby amended to read as follows:

       Sec. 6.  NRS 482.215 is hereby amended to read as follows:

       482.215  1.  All applications for registration, except applications for renewal of registration [,] and applications for registration of vehicles of border state employees pursuant to section 3 of this act, must be made as provided in this section.

       2.  Applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the department.

       3.  Each application must be made upon the appropriate form furnished by the department and contain:

       (a) The signature of the owner.

       (b) His residential address.

       (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

       (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating the vehicle.

       (e) Proof satisfactory to the department that the applicant has provided the security required by NRS 485.185 and his signed declaration that he will maintain the security during the period of registration.

       (f) If the security is provided by a contract of insurance, [the insurer shall provide] evidence of that insurance provided by the insurer on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.

       (g) If required, evidence of the applicant’s compliance with controls over emission.


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

ê1989 Statutes of Nevada, Page 1872 (Chapter 788, AB 2)ê

 

       4.  The application must contain such other information as may be required by the department, and must be accompanied by proof of ownership satisfactory to the department.

       5.  For purposes of the proof, declaration and evidence required by paragraphs (e) and (f) of subsection 3:

       (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this state, may be declared as a fleet by the registered owner thereof, on his original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

       (b) Other fleets composed of 10 or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

       (c) A person who qualifies as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.

       (d) A person who qualifies for an operator’s policy of liability insurance pursuant to NRS 485.186 and 485.3091 may file evidence of that insurance.

       6.  At the time of applying for registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      Sec. 2.  Section 2 of Assembly Bill No. 520 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 482.280 is hereby amended to read as follows:

       482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration [.] , unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

       2.  An application mailed or presented to the department or to a county assessor under the provisions of this section must include:

       (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185. Security may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

       (b) If required, evidence of compliance with standards for control of emissions.


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

ê1989 Statutes of Nevada, Page 1873 (Chapter 788, AB 2)ê

 

       3.  The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.

       4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

       5.  At the time of applying for renewal of registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      Sec. 3.  Section 2 of Assembly Bill No. 58 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 483.290 is hereby amended to read as follows:

       483.290  1.  Every application for an instruction permit or for a driver’s license must:

       (a) Be made upon a form furnished by the department.

       (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.

       (c) Be accompanied by the required fee.

       (d) State the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant.

       (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

       (f) Include such other information as the department may require to determine the applicant’s competency and eligibility.

       2.  Every applicant shall furnish proof of his age by displaying:

       (a) If the applicant was born in the United States, a birth certificate, baptismal certificate or other proof acceptable to the department, including, but not limited to, a driver’s license issued by another state or the District of Columbia; or

       (b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state of the District of Columbia, or a passport.

       3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

       4.  Every applicant who has been assigned a social security number shall furnish proof of his social security number by displaying:


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

ê1989 Statutes of Nevada, Page 1874 (Chapter 788, AB 2)ê

 

       (a) An original card issued to the applicant by the Social Security Administration bearing the applicant’s social security number; or

       (b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.

      Sec. 4.  Section 7 of chapter 792, Statutes of Nevada 1987, at page 2147, is hereby repealed.

      Sec. 5.  1.  There is hereby appropriated from the state general fund to the department of motor vehicles and public safety for costs related to the registration of voters:

For the fiscal year 1989-90 .............................................................................. $16,900

For the fiscal year 1990-91 .............................................................................. $16,900

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 6.  1.  This section and sections 1 to 4, inclusive, of this act become effective on June 30, 1989.

      2.  Section 5 of this act becomes effective July 1, 1989.

 

________

 

 

CHAPTER 789, AB 752

Assembly Bill No. 752–Assemblyman Carpenter

CHAPTER 789

AN ACT relating to education; authorizing the creation of a general improvement district for the provision of facilities for public schools; allowing a school district to transfer its tax rate and indebtedness relating to facilities for schools to such a general improvement district; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature finds and declares that:

      1.  A portion of the funding for the construction of schools within a school district comes from the property taxes collected on the property of businesses as well as residences.

      2.  When a business is located in a remote area of the state where few services are provided, the employees of the business who have families are likely to live in the nearest city, whether or not that city is located in the same county as the business.

      3.  If the business is located in one county and the employees live in another county, the business is not taxed for its fair share of the costs associated with educating the children of its employees, including the costs of constructing adequate school buildings to accommodate all of the children of the employees of the business.

      Sec. 1.5.  Chapter 318 of NRS is hereby amended by adding thereto the provisions set forth sections 2 to 8, inclusive, of this act.


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

ê1989 Statutes of Nevada, Page 1875 (Chapter 789, AB 752)ê

 

      Sec. 2.  A district created wholly or in part to furnish facilities for public schools may include territory within two counties only if:

      1.  The board of county commissioners of the county in which is located the least amount of territory adopts a resolution agreeing to the creation of the district; and

      2.  The combined population of the two counties does not exceed 33,000 at the time the district is created, if territory from both counties is included in the district at that time, or at the time the territory of the second county is included in the district.

      Sec. 3.  1.  The board of trustees of a district created wholly or in part to furnish facilities for public schools must consist of:

      (a) Three members of the board of county commissioners which created the district, appointed by that board of county commissioners;

      (b) Three members of the board of trustees of the school district whose territory is included within the district, appointed by the board of trustees of that school district. If the district to furnish facilities for public schools includes territory of more than one school district, all three members appointed pursuant to this paragraph must be members of the board of trustees of the school district that has the most territory included in the district to furnish facilities for public schools; and

      (c) If the district to furnish facilities for public schools includes territory of more than one county, one member of the board of county commissioners of the county with the least amount of territory included in the district, appointed by the board of county commissioners of that county.

      2.  The terms of office of the board of trustees must be 3 years.

      3.  A member who ceases to be a member of the board that appointed him ceases to be a member of the board of trustees.

      4.  Any vacancy must be filled for the unexpired term by the board that appointed the member who created the vacancy.

      Sec. 4.  1.  The board of trustees of a district created wholly or in part to furnish facilities for public schools may levy a tax upon all taxable property within its boundaries to raise money for the following purposes, and no others:

      (a) Construction or purchase of new buildings for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing buildings or grounds for schools, including, but not limited to, teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring sites for building schools, or additional real property for necessary purposes related to schools, including, but not limited to, playgrounds, athletic fields and sites for stadiums.

      (d) Purchasing necessary furniture and equipment for schools.

      2.  The rate of the tax levied pursuant to subsection 1, when added to the rate, if any, levied pursuant to NRS 387.3285 by the school district with the greatest amount of territory included within the boundaries of the district to furnish facilities for public schools, must not exceed:

      (a) For a district whose enrollment is 25,000 pupils or more, 35 cents on each $100 of assessed valuation.


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

ê1989 Statutes of Nevada, Page 1876 (Chapter 789, AB 752)ê

 

      (b) For a district whose enrollment is less than 25,000 pupils, 50 cents on each $100 of assessed valuation.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

      4.  The plans for any facility to be constructed or otherwise acquired by a district to furnish facilities for public schools must be approved by the board of trustees of the school district in which the facility will be located.

      5.  A district created wholly or in part to furnish facilities for public schools is not entitled to receive any distribution of supplemental city-county relief tax.

      Sec. 5.  1.  The board of trustees of a district created wholly or in part to furnish facilities for public schools shall establish a fund for capital projects for the purposes set forth in subsection 1 of section 4 of this act. The money in the fund for capital projects may be transferred to a debt service fund to pay the cost of the district’s debt service.

      2.  With the approval of the state board of finance, the board of trustees may accumulate money in the fund for capital projects for a period not to exceed 20 years.

      3.  No money in the fund for capital projects at the end of the fiscal year may revert to any other fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.

      Sec. 6.  The total bonded indebtedness of a district created wholly or in part to furnish facilities for public schools, when added to the total bonded indebtedness of any school district or school districts which are wholly or partially included within the boundaries of the district to furnish facilities for public schools, must at no time exceed an amount equal to 15 percent of the total of the last assessed valuation of taxable property, excluding motor vehicles, situated within the district to furnish facilities for public schools.

      Sec. 7.  1.  Subject to any contractual provisions between a district created wholly or in part to furnish facilities for public schools and the county school district that uses the facilities, the district to furnish facilities for public schools may:

      (a) Extend, better, alter, reconstruct, repair and otherwise improve a facility or project;

      (b) Equip and reequip a facility or project;

      (c) Sell, lease, exchange, transfer, assign or otherwise dispose of property pertaining to a facility or project which no longer is necessary or desirable for use in connection therewith;

      (d) Receive, control, invest and order the expenditure of any money pertaining to a facility or project;

      (e) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, a project;

      (f) Make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for a facility or project;

      (g) Make and keep records in connection with a facility or project;

      (h) Arbitrate any differences arising in connection with a facility or project;


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

ê1989 Statutes of Nevada, Page 1877 (Chapter 789, AB 752)ê

 

      (i) Commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, by suit, action, mandamus or other proceedings, concerning a facility or project;

      (j) Use for or in connection with a facility or project any money, land and other real and personal property legally available therefor of either the district to furnish facilities for public schools or the county school district, not originally acquired therefor;

      (k) Make contracts and execute all instruments necessary or convenient, including, but not limited to, contracts with the Federal Government and the state;

      (l) Acquire any construction work, improvement or improvements of any nature in connection with a facility or project in the manner provided by law;

      (m) Prescribe and enforce reasonable rules and regulations for the use of the facility or project;

      (n) Exercise all or any part or combination of the powers granted by this subsection; and

      (o) Do and perform any other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of sections 2 to 8, inclusive, of this act, and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in sections 2 to 8, inclusive, of this act.

      2.  The specific powers in subsection 1 are not a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of sections 2 to 8, inclusive, of this act.

      3.  A district created wholly or in part to furnish facilities for public schools may rent, lease or otherwise provide for the use of any of its facilities by a school district.

      Sec. 8.  1.  A district created wholly or in part to furnish facilities for public schools whose boundaries:

      (a) Are conterminous with the boundaries of a school district; or

      (b) Include all of the territory of one school district and a portion of another school district,

may assume all or any portion of the indebtedness relating to facilities for public schools of the school district which is wholly included within the boundaries of the district to furnish facilities for public schools and may assume all or any portion of the tax rate of that school district which relates to the acquisition, construction or renovation of facilities for public schools, including the tax rate for the debt service on any indebtedness it assumes.

      2.  A district created wholly or in part to furnish facilities for public schools whose boundaries include all of the territory of one school district and also include a portion of another school district shall transfer back to the wholly included school district such indebtedness as is necessary to reduce the rate of tax levied for the district to furnish facilities for public schools, or otherwise reduce the rate, by an amount equal to any rate imposed by the partially included school district for debt service for the construction, acquisition or renovation of facilities for public schools.


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

ê1989 Statutes of Nevada, Page 1878 (Chapter 789, AB 752)ê

 

      Sec. 9.  NRS 318.080 is hereby amended to read as follows:

      318.080  1.  After adopting an ordinance creating a district and before appointing the first board of trustees for the district, the board of county commissioners is, ex officio, the board of trustees for the district.

      2.  While acting as the board of trustees, the board of county commissioners shall establish:

      (a) Accounting practices and procedures for the district;

      (b) Auditing practices and procedures to be used by the district;

      (c) A budget for the district; and

      (d) Management standards for the district.

      3.  Except as otherwise provided in section 3 of this act and NRS 318.0953 and 318.09533, after the board of county commissioners has performed the duties required by subsection 2, it shall appoint five persons to serve as the first board of trustees of the district and shall specify therein the terms of office to the [1st] first Monday in January next following the respective election dates provided in NRS 318.095. Except as otherwise provided in subsection 5, these persons must be qualified electors of the district.

      4.  The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.

      5.  [The] Except as otherwise provided in section 3 of this act, the board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a qualified elector of the district, but no such attorney is qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 or qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a qualified elector of the district.

      6.  The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 may remove any trustee serving on an appointed or elected board of trustees for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.

      Sec. 10.  NRS 318.090 is hereby amended to read as follows:

      318.090  Except as otherwise provided in NRS 318.0953 and 318.09533:

      1.  The board shall, by resolution, designate the place where the office or principal place of the district is to be located, which must be within the corporate limits of the district, and which may be changed by resolution of the board. Copies of all those resolutions must be filed with the county clerk or clerks of the county or counties wherein the district is located within 5 days after their adoption. The official records and files of the district must be kept at that office and must be open to the public inspection as provided in NRS 239.010.


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

ê1989 Statutes of Nevada, Page 1879 (Chapter 789, AB 752)ê

 

      2.  The board of trustees shall meet regularly at least once each year, and at such other times at the office or principal place of the district as provided in the bylaws.

      3.  Special meetings may be held on notice to each member of the board as often as, and at such places within the district as, the needs of the district require.

      4.  Three members of the board constitute a quorum at any meeting.

      5.  [Any] Except as otherwise provided in section 3 of this act, a vacancy on the board must be filled by a qualified elector of the district chosen by the remaining members of the board, the appointee to act until a successor in office qualifies as provided in NRS 318.080 on or after the [1st] first Monday in January next following the next biennial election, held in accordance with NRS 318.095, at which election the vacancy must be filled by election if the term of office extends beyond that [1st] first Monday in January. Nominations of qualified electors of the district as candidates to fill unexpired terms of 2 years may be made the same as nominations for regular terms of 4 years, as provided in NRS 318.095. If the board fails, neglects or refuses to fill any vacancy within 30 days after the vacancy occurs, the board of county commissioners shall fill that vacancy.

      6.  [Each] Except as otherwise provided in section 3 of this act, each term of office of 4 years terminates on the [1st] first Monday in January next following the general election at which a successor in office is elected, as provided in NRS 318.095. The successor’s term of office commences then or as soon thereafter as the successor qualifies as provided in NRS 318.080, subject to the provisions in this chapter for initial appointments to a board, for appointments to fill vacancies of unexpired terms, and for the reorganizations of districts under this chapter which were organized under other chapters of NRS.

      Sec. 11.  NRS 318.095 is hereby amended to read as follows:

      318.095  Except as otherwise provided in section 3 of this act and NRS 318.0953:

      1.  There must be held simultaneously with the first general election in the county after the creation of the district and simultaneously with every general election thereafter an election to be known as the biennial election of the district. The election must be conducted under the supervision of the county clerk or registrar of voters. A district shall reimburse the county clerk or registrar of voters for the costs he incurred in conducting the election for the district.

      2.  The office of trustee is a nonpartisan office. The general election laws of this state govern the candidacy, nominations and election of a member of the board. The names of the candidates for trustee of a district may be placed on the ballot for the primary or general election.

      3.  At the first biennial election in any district organized or reorganized and operating under this chapter, and each fourth year thereafter, there must be elected by the qualified electors of the district two qualified electors as members of the board to serve for terms of 4 years. At the second biennial election and each fourth year thereafter, there must be so elected three qualified electors as members of the board to serve for terms of 4 years.


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

ê1989 Statutes of Nevada, Page 1880 (Chapter 789, AB 752)ê

 

      4.  The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the county clerk or registrar of voters may direct.

      5.  Any new member of the board must qualify in the same manner as members of the first board qualify.

      Sec. 12.  NRS 318.0951 is hereby amended to read as follows:

      318.0951  Except as otherwise provided in section 3 of this act or NRS 318.0952 or 318.0953:

      1.  Each trustee elected at any biennial election must be chosen by a plurality of the qualified electors of the district voting on the candidates for the vacancies to be filled.

      2.  If there are two regular terms which end on the [1st] first Monday in January next following the biennial election, the two qualified electors receiving the highest and next highest number of votes must be elected. If there are three regular terms so ending, the three qualified electors receiving the highest, next highest and third highest number of votes must be elected.

      3.  If there is a vacancy in an unexpired regular term to be filled at the biennial election, as provided in subsection 5 of NRS 318.090, the candidate who receives the highest number of votes, after there are chosen the successful candidates to fill the vacancies in expired regular terms as provided in subsection 2, must be elected.

      Sec. 13.  NRS 318.0952 is hereby amended to read as follows:

      318.0952  Except as otherwise provided in section 3 of this act and NRS 318.0953:

      1.  Trustees may be elected in the alternate manner provided in this section from election areas within the district.

      2.  Within 30 days before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the qualified electors of the district voting at the next preceding biennial election of the district may file a written petition with the board of county commissioners of the county vested with jurisdiction under NRS 318.050 praying for the creation of election areas within the district in the manner provided in this section. The petition must specify with particularity the five areas proposed to be created. The description of the proposed election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall take an oath, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

      3.  Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of that notice are a proper charge against the district fund.


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

ê1989 Statutes of Nevada, Page 1881 (Chapter 789, AB 752)ê

 

      4.  If, as a result of the public hearing, the board of county commissioners finds that the creation of election areas within the district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the district into the areas specified in the petition, designate them by number and define their boundaries. The territory comprising each election area must be contiguous. One trustee must be elected from each election area by a majority of the qualified electors voting on the candidates for any vacancy for that area as provided in subsection 7.

      5.  Before June 1 and immediately following the adoption of the resolution creating election areas within a district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the secretary of the district.

      6.  Upon the creation of election areas within a district, the terms of office of all trustees then in office expire on the [1st] first Monday of January thereafter next following a biennial election. At the biennial election held following the creation of election areas within a district, district trustees to represent the odd-numbered election areas must be elected for terms of 4 years and district trustees to represent the even-numbered election areas must be elected for terms of 2 years. Thereafter, at each biennial election, the offices of trustees must be filled for terms of 4 years in the order in which the terms of office expire.

      7.  Candidates for election as a trustee representing any election area must be elected only by those qualified electors of the district residing in that area. No qualified elector may vote in more than one election area at any one time.

      8.  A candidate for the office of trustee of a district in which election areas have been created must be a qualified elector of the district and must be a resident of the election area which he seeks to represent.

      9.  Election areas may be altered or abolished in the same manner as provided in this section for the creation of election areas and the election of trustees therefor.

      Sec. 14.  NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing facilities for television, as provided in NRS 318.1192;

      6.  Furnishing streets and alleys, as provided in NRS 318.120;

      7.  Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;

      8.  Furnishing sidewalks, as provided in NRS 318.130;

      9.  Furnishing facilities for storm drainage, as provided in NRS 318.135;

      10.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;


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

ê1989 Statutes of Nevada, Page 1882 (Chapter 789, AB 752)ê

 

      11.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

      12.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

      13.  Furnishing recreational facilities, as provided in NRS 318.143;

      14.  Furnishing facilities for water, as provided in NRS 318.144;

      15.  Furnishing fencing, as provided in NRS 318.1195;

      16.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

      17.  Furnishing energy for heating, as provided in NRS 318.1175; [and]

      18.  Furnishing emergency medical services, as provided in NRS 318.1185 [.] ; and

      19.  Furnishing facilities for public schools, as provided in sections 2 to 8, inclusive, of this act.

      Sec. 15.  NRS 387.400 is hereby amended to read as follows:

      387.400  [The] 1.  Except as otherwise provided in subsection 2, the total bonded indebtedness of a county school district [shall] must at no time exceed an amount equal to 15 percent of the total of the last assessed valuation of taxable property , [(] excluding motor vehicles , [)] situated within the county school district.

      2.  If a district to furnish facilities for public schools has been created pursuant to chapter 318 of NRS whose boundaries are conterminous with the boundaries of the school district or include the same area as the school district plus a portion of another school district, the total bonded indebtedness of the school district which is included within the boundaries of the district to furnish facilities for public schools, when added to the total bonded indebtedness of the district to furnish facilities for public schools and the partially included school district, if any, must at no time exceed an amount equal to 15 percent of the total of the last assessed valuation of the taxable property within the boundaries of the district to furnish facilities for public schools.

      Sec. 16.  NRS 482.181 is hereby amended to read as follows:

      482.181  1.  Except as otherwise provided in subsection 3, the department shall certify monthly to the state board of examiners the amount of the privilege tax collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in this section.

      2.  The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, except redevelopment agencies and tax increment areas, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution and at least 5 percent of the privilege tax disbursed to a county must be deposited for credit to the county’s general fund. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a district’s debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but [if] :


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

ê1989 Statutes of Nevada, Page 1883 (Chapter 789, AB 752)ê

 

      (a) If the rate attributable to a district’s debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service [.] ; and

      (b) If any or all of the school district’s debt service to which a portion of its rate for the fiscal year beginning on July 1, 1978, is attributable is transferred to an improvement district created pursuant to chapter 318 of NRS to furnish facilities for public schools, that portion must be attributed to the improvement district for the purpose of the distributions made pursuant to this section.

      3.  An amount equal to any privilege tax distributed to a redevelopment agency or tax increment area in the fiscal year 1987-1988 must continue to be distributed to that agency or area as long as it exists but must not be increased.

      4.  Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located.

      5.  The department shall make distributions directly to counties, county school districts and incorporated cities. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

 

________

 

 

CHAPTER 790, SB 546

Senate Bill No. 546–Committee on Judiciary

CHAPTER 790

AN ACT relating to the punishment of offenders; providing for the earning of credits against a term of imprisonment for the completion of a program of vocational education; requiring the state board of parole commissioners to adopt objective standards to assist the board in exercising its discretion to grant or revoke parole; requiring the chief parole and probation officer to adopt objective standards which assist him in formulating a recommendation regarding the granting of probation or the revocation of parole or probation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      An offender who has no serious infraction of the regulations of the department or the laws of the state recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30 days from the length of his remaining sentence for the completion of a program of vocational education and training. If the offender completes the program of vocational education and training with meritorious or exceptional achievement, the director may allow not more than 60 days of credit in addition to the 30 days allowed for completion of the program.


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

ê1989 Statutes of Nevada, Page 1884 (Chapter 790, SB 546)ê

 

60 days of credit in addition to the 30 days allowed for completion of the program.

      Sec. 2.  NRS 209.151 is hereby amended to read as follows:

      209.151  1.  The director shall appoint an assistant director for industrial programs who:

      (a) Is responsible to the director for the administration of all industrial , vocational and agricultural programs for the employment of offenders, except honor camps and centers for the purpose of making restitution; and

      (b) Shall enforce all policies and regulations of the department relating to industrial , vocational and agricultural programs.

      2.  In addition to the assistant director appointed pursuant to subsection 1, the director shall appoint such other assistant directors as are necessary.

      3.  The assistant directors are in the classified service of the state except for purposes of retention.

      4.  During any absence of the director, he shall designate an assistant director or a warden to act as director of the department without increase in salary.

      5.  The assistant directors shall carry out such administrative duties as may be assigned to them by the director and shall not engage in any other gainful employment or occupation.

      Sec. 3.  NRS 209.389 is hereby amended to read as follows:

      209.389  1.  The board shall establish by regulation programs of general education, vocational education and training and other rehabilitation for offenders.

      2.  The regulations must take appropriate account of the following matters:

      (a) The educational level and needs of offenders;

      (b) Opportunities for employment [in free society;] when the offender is released from custody;

      (c) Interests of offenders; and

      (d) The number of offenders desiring participation in such programs.

      3.  The regulations must provide for an assessment of these programs at least every 3 years by qualified persons, professional groups or trade associations.

      4.  No offender has a right to be admitted to a program of education, vocational education and training or other rehabilitation programs established pursuant to this section, and it is not intended that the establishment of such programs or the failure to establish such programs creates any right or interest in liberty or property or establishes a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments officers or employees.

      Sec. 4.  Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.

      Sec. 5.  1.  The board shall adopt by regulation standards to assist the board in determining whether to release on parole or revoke the parole of a convicted person who is otherwise eligible for parole or on parole. The standards must be based upon objective criteria for determining the person’s probability of success on parole.

      2.  In establishing the standards, the board shall first consider all factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is granted or continued.


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

ê1989 Statutes of Nevada, Page 1885 (Chapter 790, SB 546)ê

 

live and remain at liberty without violating the law if parole is granted or continued.

      3.  The board shall adjust the standards to provide a greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      4.  When adopting regulations pursuant to this section, the board shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.

      5.  The board shall report to each regular session of the legislature:

      (a) The number and percentage of decisions regarding parole which conflicted with the standards; and

      (b) Any recommendations regarding the standards.

      Sec. 6.  1.  The chief parole and probation officer shall adopt by regulation standards to assist him in formulating a recommendation regarding the granting of probation or the revocation of parole or probation to a convicted person who is otherwise eligible for or on probation or parole. The standards must be based upon objective criteria for determining the person’s probability of success on parole or probation.

      2.  In establishing standards, the chief parole and probation officer shall first consider all factors which are relevant in determining the probability that a convicted person will live and remain at liberty without violating the law if parole is continued or probation is granted or continued.

      3.  The chief parole and probation officer shall adjust the standards to provide a recommendation of greater punishment for a convicted person who has a history of repetitive criminal conduct or who commits a serious crime, with a violent crime considered the most serious, than for a convicted person who does not have a history of repetitive crimes and did not commit a serious crime.

      4.  When adopting regulations pursuant to this section, the chief parole and probation officer shall follow the procedure set forth in chapter 233B of NRS for the adoption of regulations.

      5.  The chief parole and probation officer shall report to each regular session of the legislature:

      (a) The number and percentage of recommendations made regarding parole and probation which conflicted with the standards; and

      (b) Any recommendations regarding the standards.

      Sec. 7.  The legislature finds and declares that the release or continuation of a person on parole or probation is an act of grace of the state. No person has a right to parole or probation, and it is not intended that the establishment of standards relating thereto create any such right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 8.  NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.160, inclusive [:] , and section 5 of this act:

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


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

ê1989 Statutes of Nevada, Page 1886 (Chapter 790, SB 546)ê

 

      2.  “Department” means the department of parole and probation.

      3.  “Executive officer” means the chief parole and probation officer.

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

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

      Sec. 9.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in subsections 2 and 3 and NRS 213.1215, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive.

      2.  In determining whether to release a prisoner on parole, the board shall consider [whether:

      (a) There] :

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws; [and

      (b) The]

      (b) Whether the release is incompatible with the welfare of society [.] ;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner; and

      (d) The standards adopted pursuant to section 5 of this act and the recommendation, if any, of the chief parole and probation officer.

      3.  When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against the term.

      [3.] 4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      [4.] 5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      Sec. 10.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive, unless the context otherwise requires:

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

      2.  “Court” means a district court of the State of Nevada.


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

ê1989 Statutes of Nevada, Page 1887 (Chapter 790, SB 546)ê

 

      3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

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

      5.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the state board of parole commissioners or chief parole and probation officer.

      Sec. 11.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to section 6 of this act and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      2.  The district judge shall not, except as provided herein, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      3.  In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution or an order that the probationer dispose of all the weapons he possesses.

      4.  The court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      5.  In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.

      6.  The court shall also, upon entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.

      Sec. 12.  NRS 176.221 is hereby amended to read as follows:

      176.221  If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, [and] consider the standards adopted pursuant to section 6 of this act and the recommendation, if any, of the chief parole and probation officer. The court may:


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

ê1989 Statutes of Nevada, Page 1888 (Chapter 790, SB 546)ê

 

      1.  Continue or revoke the probation or suspension of sentence;

      2.  Order the probationer to a term of residential confinement pursuant to NRS 176.2231; or

      3.  Cause the sentence imposed to be executed.

      Sec. 13.  1.  The assistant director for industrial programs of the department of prisons shall conduct an evaluation of existing vocational education and training programs, subject to the advice and guidance of the advisory board on industrial programs.

      2.  The evaluation must include a review of the existing and potential programming available at the school districts and community colleges in close proximity to the institutions and facilities of the department of prisons, available funding and methods of coordinating existing industries, education and vocational training programs with the programming required pursuant to section 1 of this act and NRS 290.151, as amended by sec. 2 of this act.

      3.  The evaluation must be presented to the board of state prison commissioners who shall adopt regulations pursuant to NRS 209.389 on or before January 1, 1990, or as soon thereafter as practicable.

      Sec. 14.  The initial standards adopted pursuant to sections 5 and 6 of this act become effective on January 1, 1990, or 10 days after they are adopted by the state board of parole commissioners or the chief parole and probation officer, whichever is later. The board and the chief parole and probation officer shall adopt the standards before January 1, 1990, or as soon thereafter as practicable.

      Sec. 15.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 791, AB 750

Assembly Bill No. 750–Assemblymen Diamond, Myrna Williams, Wisdom, Swain, Freeman, Lambert, Brookman, Spriggs, Evans, Chowning, Sedway, Spinello, Jeffrey, Triggs, Gibbons, Carpenter, Garner, Regan, Fay, DuBois, Schofield, Adler, Sheerin, Porter and McGaughey

CHAPTER 791

AN ACT relating to insurance; requiring policies of health insurance to include coverage for breast examinations; extending the required coverage for reconstructive surgery after mastectomies; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of health insurance must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.


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

ê1989 Statutes of Nevada, Page 1889 (Chapter 791, AB 750)ê

 

      2.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      Sec. 2.  NRS 689A.041 is hereby amended to read as follows:

      689A.041  1.  Any policy of health insurance which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal the amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,] October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

      Sec. 3.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of group health insurance must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      Sec. 4.  NRS 689B.0375 is hereby amended to read as follows:

      689B.0375  1.  Any policy of group health insurance which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.


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

ê1989 Statutes of Nevada, Page 1890 (Chapter 791, AB 750)ê

 

the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,] October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

      Sec. 5.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A policy of health insurance issued by a hospital or medical service corporation must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      Sec. 6.  NRS 695B.191 is hereby amended to read as follows:

      695B.191  1.  Any policy of health insurance, issued by a medical service corporation, which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,] October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.


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

ê1989 Statutes of Nevada, Page 1891 (Chapter 791, AB 750)ê

 

      Sec. 7.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance plan must provide coverage for benefits payable for expenses incurred for:

      (a) An annual cytologic screening test for women 18 years of age or older;

      (b) A baseline mammogram for women between the ages of 35 and 40; and

      (c) An annual mammogram for women 40 years of age or older.

      2.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      Sec. 8.  NRS 695C.171 is hereby amended to read as follows:

      695C.171  1.  Any health maintenance plan which provides coverage for the surgical procedure known as a mastectomy must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage must be subject to the same terms and conditions that apply to the coverage for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided for in the policy at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions contained in the policy at the time of the reconstructive surgery.

      3.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after [July 1, 1983,] October 1, 1989, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

      4.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

      Sec. 9.  NRS 608.157 is hereby amended to read as follows:

      608.157  1.  If an employer provides health benefits for his employees which include coverage for the surgical procedure known as a mastectomy, he must also provide commensurate coverage for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this coverage is subject to the same terms and conditions that apply to the coverage for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the benefits for that surgery must equal those amounts provided at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the benefits provided are subject to all of the terms, conditions and exclusions relating to those benefits at the time of the reconstructive surgery.

      3.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts.


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

ê1989 Statutes of Nevada, Page 1892 (Chapter 791, AB 750)ê

 

breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

      Sec. 10.  NRS 616.503 is hereby amended to read as follows:

      616.503  1.  If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation for that surgery must equal those amounts provided for in this chapter at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.

      3.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

      Sec. 11.  NRS 617.395 is hereby amended to read as follows:

      617.395  1.  If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.

      2.  If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.

      3.  For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.

 

________


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

ê1989 Statutes of Nevada, Page 1893ê

 

CHAPTER 792, AB 330

Assembly Bill No. 330–Assemblymen Arberry, Wendell Williams, Brookman, Garner, Freeman, Diamond, Nevin, Evans, Wisdom, Spriggs, Swain, Price, Callister, Kerns, Jeffrey, Spinello, Sader, Gibbons, Bergevin, Kissam, Schofield, Myrna Williams, McGinness, Triggs, Gaston and Chowning

CHAPTER 792

AN ACT relating to health care; requiring the state board of health to adopt regulations governing the testing of infants for the presence of sickle cell anemia; requiring the board to establish an advisory committee to make recommendations concerning the establishment of targeted screening and awareness programs concerning sickle cell anemia; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:

      The state board of health shall establish an advisory committee concerning sickle cell anemia. The advisory committee shall, in cooperation with the state board of education, the University of Nevada School of Medicine, and any public or private agencies that perform work related to sickle cell anemia:

      1.  Gather information concerning the need for screening and awareness programs concerning sickle cell anemia, appropriate settings for such programs, and the manner of establishing and conducting such programs.

      2.  Make recommendations to the state board of education, the state board of health, and any other appropriate authorities concerning the establishment of targeted screening and awareness programs concerning sickle cell anemia.

      3.  Make recommendations to the state board of education, the state board of health, and any other appropriate state agency concerning the adoption of regulations necessary to implement the programs.

      Sec. 2.  NRS 442.115 is hereby amended to read as follows:

      442.115  1.  The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable inheritable disorders [leading to mental retardation.] , including tests for the presence of sickle cell anemia.

      2.  Any physician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the state board of health as necessary for the discovery of conditions indicating such disorders.

      3.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of the infant shall immediately:


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

ê1989 Statutes of Nevada, Page 1894 (Chapter 792, AB 330)ê

 

      (a) Report the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

      4.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

      Sec. 3.  The health division of the department of human resources shall develop four pilot targeted screening and awareness programs concerning sickle cell anemia pursuant to the recommendations of the advisory committee established by the state board of health pursuant to section 1 of this act. Three of the pilot programs must be based in Las Vegas and one must be based in Washoe County. The division shall not begin a pilot program until adequate funding for the program has been secured.

      Sec. 4.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 793, SB 200

Senate Bill No. 200–Senators Townsend, Getto, Beyer, Coffin, Horn, Jacobsen, Joerg, Malone, Mello, O’Donnell, Raggio, Rhoads, Shaffer, Smith, Titus and Wagner

CHAPTER 793

AN ACT making an appropriation to Nevada Special Olympics for administrative expenses; and providing other matters properly relating thereto.

 

[Approved July 5, 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 Nevada Special Olympics the sum of $50,000 for administrative expenses of branch offices within the state.

      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 on June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1895ê

 

CHAPTER 794, AB 887

Assembly Bill No. 887–Committee on Ways and Means

CHAPTER 794

AN ACT relating to parole; requiring the state board of parole commissioners to consider the parole of a prisoner whose death is imminent if the prisoner is statutorily eligible for parole; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The board shall consider and may release on parole a prisoner who is statutorily eligible for parole if:

      (a) The physician who provides medical attention to the prisoner finds and certifies that the prisoner is in ill health and expected to die within 6 months; and

      (b) Two physicians who are in private practice and are not associated with the department of prisons examine the prisoner and confirm the finding of the physician pursuant to paragraph (a).

      2.  A prisoner paroled pursuant to subsection 1 must be placed under intensive supervision.

      3.  For the purposes of this section, a prisoner is statutorily eligible for parole if he:

      (a) Is not sentenced to death;

      (b) Is not sentenced to imprisonment without the possibility of parole; and

      (c) Has served the period required by NRS 213.120.

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

      213.107  As used in NRS 213.107 to 213.160, inclusive [:] , and section 1 of this act:

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

      2.  “Department” means the department of parole and probation.

      3.  “Executive officer” means the chief parole and probation officer.

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

 

________


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

ê1989 Statutes of Nevada, Page 1896ê

 

CHAPTER 795, SB 319

Senate Bill No. 319–Committee on Finance

CHAPTER 795

AN ACT relating to elected state officers; increasing salaries and compensation prospectively of certain officers; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 2.050 is hereby amended to read as follows:

      2.050  1.  Until the [1st] first Monday in January [1987,] 1991, the justices of the supreme court whose terms expire on the [1st] first Monday in January [1987] 1991 are entitled to receive an annual salary of [$47,250.] $61,500. From and after the [1st] first Monday in January [1987,] 1991, their successors in office are entitled to receive a salary of [$73,500.] $85,000.

      2.  Until the [1st] first Monday in January [1989, the justice of the supreme court whose term of office expires on the 1st Monday in January 1989 is entitled to receive an annual salary of $61,500. From and after the 1st Monday in January 1989, his successors in office are entitled to receive an annual salary of $73,500.

      3.  Until the 1st Monday in January 1991, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1991 are entitled to receive an annual salary of $61,500. From and after the 1st Monday in January 1991, their successors in office are entitled to receive a salary of $73,500.] 1993, the justices of the supreme court whose terms of office expire on the first Monday in January 1993 are entitled to receive an annual salary of $73,500. From and after the first Monday in January 1993, their successors in office are entitled to receive a salary of $85,000.

      3.  Until the first Monday in January 1995, the justice of the supreme court whose term of office expires on the first Monday in January 1995 is entitled to receive an annual salary of $73,500. From and after the first Monday in January 1995, his successor in office is entitled to receive a salary of $85,000.

      4.  All salaries provided for in this section are payable in biweekly installments as other state officers are paid.

      Sec. 2.  NRS 3.030 is hereby amended to read as follows:

      3.030  1. The annual salary of each district judge is [$67,000.] $79,000.

      2.  All of the salaries must be paid in biweekly installments out of the district judges’ salary account of the supreme court.

      3.  No salary of any district judge may be paid in advance.

      Sec. 3.  NRS 213.015 is hereby amended to read as follows:

      213.015  1.  Until the [1st] first Monday in January [1987:] 1991:

      (a) Any member of the board whose annual salary as a justice of the supreme court is [$61,500] $73,500 shall receive no salary as a member of the board.


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

ê1989 Statutes of Nevada, Page 1897 (Chapter 795, SB 319)ê

 

      (b) Any member of the board whose annual salary as a justice of the supreme court is [$47,250] $61,500 is entitled to receive as a member of the board an annual salary of [$14,250.] $12,000.

      2.  From and after the [1st] first Monday in January [1987:] 1991:

      (a) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 1 of NRS 2.050 [shall receive] receives no salary as a member of the board.

      (b) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board an annual salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.

      3.  The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the state general fund.

      Sec. 4.  NRS 223.050 is hereby amended to read as follows:

      223.050  Until the [1st] first Monday in January [1987,] 1991, the governor is entitled to receive an annual salary of [$65,000.] $77,500. From and after the [1st] first Monday in January [1987,] 1991, the governor is entitled to receive an annual salary of [$77,500.] $90,000.

      Sec. 5.  NRS 224.050 is hereby amended to read as follows:

      224.050  1.  Until the [1st] first Monday in January [1987,] 1991, the lieutenant governor is entitled to receive an annual salary of [$10,500.] $12,500. From and after the [1st] first Monday in January [1987,] 1991, the lieutenant governor is entitled to receive an annual salary of [$12,500.] $20,000.

      2.  In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the legislature.

      3.  In addition to the salary provided in subsections 1 and 2, the lieutenant governor is entitled to receive $130 for each day on which he is actually employed as governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.

      Sec. 6.  NRS 225.050 is hereby amended to read as follows:

      225.050  Until the [1st] first Monday in January [1987,] 1991, the secretary of state is entitled to receive an annual salary of [$42,250.] $50,500. From and after the [1st] first Monday in January [1987,] 1991, the secretary of state is entitled to receive an annual salary of [$50,500.] $62,500.

      Sec. 7.  NRS 226.090 is hereby amended to read as follows:

      226.090  Until the [1st] first Monday in January [1987,] 1991, the state treasurer is entitled to receive an annual salary of [$41,000.] $49,000. From and after the [1st] first Monday in January [1987,] 1991, the state treasurer is entitled to receive an annual salary of [$49,000.] $62,500.

      Sec. 8.  NRS 227.060 is hereby amended to read as follows:

      227.060  Until the [1st] first Monday in January [1987,] 1991, the state controller is entitled to receive an annual salary of [$41,000.] $49,000. From and after the [1st] first Monday in January [1987,] 1991, the state controller is entitled to receive an annual salary of [$49,000.]


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

ê1989 Statutes of Nevada, Page 1898 (Chapter 795, SB 319)ê

 

and after the [1st] first Monday in January [1987,] 1991, the state controller is entitled to receive an annual salary of [$49,000.] $62,500.

      Sec. 9.  NRS 228.070 is hereby amended to read as follows:

      228.070  1.  Until the [1st] first Monday in January [1987,] 1991, the attorney general is entitled to receive an annual salary of [$52,500.] $62,500. From and after the [1st] first Monday in January [1987,] 1991, the attorney general is entitled to receive an annual salary of [$62,500.] $85,000.

      2.  The attorney general is not permitted to engage in the private practice of law.

      Sec. 10.  Section 6 of chapter 89, Statutes of Nevada 1989, is hereby amended to read as follows:

       Sec. 6.  NRS 228.070 is hereby amended to read as follows:

       228.070  1.  Until the first Monday in January 1991, the attorney general is entitled to receive an annual salary of $62,500. From and after the first Monday in January 1991, the attorney general is entitled to receive an annual salary of $85,000.

       2.  [The] Except as otherwise provided in section 1 of this act, the attorney general [is not permitted to] shall not engage in the private practice of law.

      Sec. 11.  1.  This section and sections 1 and 3 to 10, inclusive, of this act become effective on July 1, 1989.

      2.  Section 2 of this act becomes effective at 12:01 a.m. on January 7, 1991.

 

________

 

 

CHAPTER 796, AB 873

Assembly Bill No. 873–Committee on Government Affairs

CHAPTER 796

AN ACT relating to classifications based on population; changing the population basis for the exercise of certain powers by local governments; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.014 is hereby amended to read as follows:

      244.014  In each county [having a population of] whose population is 100,000 or more but less than [250,000:] 400,000:

      1.  At the general election in 1976, and every 4 years thereafter, two county commissioners must be elected respectively from two of the county commissioner election districts established pursuant to this chapter.

      2.  At the general election in 1978, and every 4 years thereafter, three county commissioners must be elected respectively from three of the county commissioner election districts established pursuant to this chapter.

      3.  The board of county commissioners shall establish five county commissioner election districts which must be as nearly equal in population as practicable.


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

ê1989 Statutes of Nevada, Page 1899 (Chapter 796, AB 873)ê

 

practicable. If the county comprises no partial assembly districts and a number of whole assembly districts that is evenly divisible by the number of county commissioners, each county commissioner election district must be composed of a number of contiguous and undivided assembly districts equal to this quotient. “Assembly district,” as used in this subsection, means one of the districts established by NRS 218.057.

      Sec. 2.  NRS 244.016 is hereby amended to read as follows:

      244.016  1.  In each county [having a population of 250,000] whose population is 400,000 or more, the board of county commissioners consists of seven members. Each member must be a resident of, and elected by the registered voters of, a county commissioner election district established pursuant to this chapter.

      2.  The board of county commissioners shall establish seven county commissioner election districts which must be as nearly equal in population as practicable, and each of which must be composed entirely of contiguous territory and be as compact as possible.

      Sec. 3.  NRS 244.286 is hereby amended to read as follows:

      244.286  1.  The board of county commissioners of any county whose population is [250,000] 400,000 or more may enter into an agreement with a corporation incorporated to advance civic interests in a county, under the provisions of NRS 81.350 to 81.400, inclusive, whereby the corporation agrees to construct an athletic facility according to specifications adopted by the board of county commissioners and thereupon enter into a lease-purchase agreement with the board of county commissioners for that building or facility.

      2.  Any such board of county commissioners may convey property to such a corporation where the purpose of the conveyance is the entering into an agreement contemplated by subsection 1.

      Sec. 4.  NRS 244.345 is hereby amended to read as follows:

      244.345  1.  Every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city, must:

      (a) Make application to the license board of the county in which the business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.

      (b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.

The board, in counties [having a population of] whose population is less than [250,000,] 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties [having a population of 250,000] whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the [board’s] next regular meeting [.] of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board.


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

ê1989 Statutes of Nevada, Page 1900 (Chapter 796, AB 873)ê

 

license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the businesses mentioned in this subsection.

      2.  The board of county commissioners, and in [counties having a population of] a county whose population is less than [250,000,] 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.

      3.  The license board may, without further compensation to the board or its clerk:

      (a) Fix, impose and collect license fees upon the businesses mentioned in this section.

      (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.

      (c) Adopt, amend and repeal regulations relating to licenses and licensees.

      (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

      4.  The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or licensing of the businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.

      5.  Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.

      6.  A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.

      7.  Any natural person, firm, association of persons or corporation who engages in any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.

      8.  In a county [having a population of 250,000] whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.

      Sec. 5.  NRS 244.350 is hereby amended to read as follows:

      244.350  1.  The board of county commissioners, and in [counties having a population of] a county whose population is less than [250,000,] 400,000, the sheriff of the county constitute a liquor board. The liquor board may, without further compensation, grant or refuse liquor licenses, and revoke those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation.


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

ê1989 Statutes of Nevada, Page 1901 (Chapter 796, AB 873)ê

 

those licenses whenever there is, in the judgment of a majority of the board, sufficient reason for revocation. The board shall elect a chairman from among its members.

      2.  The liquor board in each of the several counties shall enact ordinances:

      (a) Regulating the sale of intoxicating liquors in their respective counties.

      (b) Fixing the hours of each day during which liquor may be sold or disposed of.

      (c) Prescribing the conditions under which liquor may be sold or disposed of.

      (d) Prohibiting the employment or service of minors in the sale or disposition of liquor.

      (e) Prohibiting the sale or disposition of liquor in places where, in the judgment of the board, the sale or disposition may tend to create or constitute a public nuisance, or where by the sale or disposition of liquor a disorderly house or place is maintained.

      3.  In [counties having a population of 250,000] a county whose population is 400,000 or more, the liquor board shall refer any petition for a liquor license to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the liquor board at the [board’s] next regular meeting [.] of the board.

      4.  All liquor dealers within any incorporated city are exempt from the effect of this section, and are to be regulated only by the government of that city.

      5.  The liquor board shall not deny a license to a person solely because he is not a citizen of the United States.

      Sec. 6.  NRS 244.366 is hereby amended to read as follows:

      244.366  1.  The board of county commissioners of any county [having a population of 250,000] whose population is 400,000 or more [shall have] has the power, outside of the limits of incorporated cities and towns:

      (a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:

             (1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.

             (2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.

             (3) A storm sewer or sanitary sewer collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.

             (4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.


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

ê1989 Statutes of Nevada, Page 1902 (Chapter 796, AB 873)ê

 

      (b) To acquire, by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights of way, contract rights, leases, franchises, approaches, dams and reservoirs.

      (c) To operate and maintain those water facilities, sewer facilities, lands, rights in land and water rights.

      (d) To sell, lease, donate for public use and otherwise dispose of those water facilities, sewer facilities, lands, rights in land and water rights.

      (e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by those water facilities and sewer facilities, and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of the rates, fees, tolls or charges.

      (f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right of way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.

      (g) To provide for the disconnection of plumbing facilities from any of those private sewage facilities and for the discontinuance and elimination of those private sewage facilities.

      2.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      3.  This section, being necessary to secure and preserve the public health, safety and convenience and welfare, must be liberally construed to effect its purpose.

      4.  Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section is guilty of a misdemeanor.

      Sec. 7.  NRS 244.3673 is hereby amended to read as follows:

      244.3673  The board of county commissioners of any county whose population is [25,000] 35,000 or more may provide by ordinance for the investigation of fires in which a death has occurred or which are of a suspicious origin, and for the enforcement of regulations adopted by the state fire marshal.

      Sec. 8.  NRS 244A.457 is hereby amended to read as follows:

      244A.457  NRS 244A.455 to 244A.573, inclusive, applies to any county [having a population of 250,000] whose population is 400,000 or more.


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

ê1989 Statutes of Nevada, Page 1903 (Chapter 796, AB 873)ê

 

      Sec. 9.  NRS 244A.601 is hereby amended to read as follows:

      244A.601  1.  In any county [having a population of] whose population is 100,000 or more, and less than [250,000,] 400,000, the county fair and recreation board consists of 11 members who are appointed as follows:

      (a) Two members [,] by the board of county commissioners.

      (b) Two members [,] by the governing body of the largest incorporated city in the county.

      (c) One member [,] by the governing body of the next largest incorporated city in the county.

      (d) Except as provided in subsection 2, six members [,] by the members appointed pursuant to paragraphs (a), (b) and (c), from a list of at least one nominee for each position submitted by the chamber of commerce of the largest incorporated city in the county. If the members entitled to vote find the nominees on the list unacceptable, they [shall] must request a new list of at least one nominee for each position. The members entitled to vote shall select:

             (1) One member who is a representative of airlines.

             (2) One member who is a representative of motel operators.

             (3) One member who is a representative of banking or other financial interests.

             (4) One member who is a representative of other business or commercial interests.

             (5) Two members of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year. If there is no such association, the two appointed members must be representative of gaming.

      2.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.

      3.  If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

      4.  Any member appointed by the board of county commissioners or a governing body of a city [shall] must be a member of the appointing board or body.

      Sec. 10.  NRS 244A.603 is hereby amended to read as follows:

      244A.603  1.  In any county whose population is [250,000] 400,000 or more, the county fair and recreation board consists of 11 members selected as follows:

      (a) Two members by the board of county commissioners from their own number.

      (b) Two members by the governing body of the largest incorporated city in the county from their own number.


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

ê1989 Statutes of Nevada, Page 1904 (Chapter 796, AB 873)ê

 

      (c) One member by the governing body of the second largest incorporated city in the county from their own number.

      (d) One member by the governing body of one of the other incorporated cities in the county from their own number.

      (e) Five members to be appointed by the members selected pursuant to paragraphs (a), (b), (c) and (d). These members must be selected from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. If the nominees so listed are unsatisfactory to the members making the selection, they may, until satisfied, request additional lists of nominees. The members must be selected as follows:

             (1) Three members who are representatives of the resort hotel business, at least one of whom is engaged in that business in the central business district of the largest city;

             (2) One member who is a representative of motel operators; and

             (3) One member who is a representative of other commercial interests.

      2.  In order to determine which of the incorporated cities in the county is entitled to the representative provided in paragraph (d) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city will be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing, until July 1, 1975. Commencing July 1, 1975, the city then entitled to representation on the board is entitled to representation for 2 years, and thereafter each city is entitled to representation for 2 years in its proper turn as determined by the original drawing.

      3.  Any vacancy occurring on a county fair and recreation board must be filled by the authority entitled to appoint the member whose position is vacant.

      4.  After the initial appointments of members appointed pursuant to paragraph (e) of subsection 1, all members must be appointed for 2-year terms. If any such member ceases to be engaged in the business sector which he was appointed to represent, he ceases to be a member, and another person engaged in that business must be appointed to fill the unexpired term. Any such member may succeed himself.

      5.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. Any such member may succeed himself.

      Sec. 11.  NRS 244A.605 is hereby amended to read as follows:

      244A.605  1.  Whenever a vacancy occurs among the members of any county fair and recreation board by reason of resignation, death, expiration of a member’s elected term of office, an increase in population, or otherwise, the vacancy must be filled by the board of county commissioners, in case of county members, and by the chief executive with the approval of the legislative body of the city, in case of city members.

      2.  Except as otherwise provided in subsection 3, during January of each odd-numbered year, each county fair and recreation board in this state shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.


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

ê1989 Statutes of Nevada, Page 1905 (Chapter 796, AB 873)ê

 

      3.  During July of each even-numbered year, each county fair and recreation board in any county whose population is 100,000 or more, but less than [250,000,] 400,000, shall reorganize by electing the officers designated in subsection 1 of NRS 244A.611.

      4.  The officers elected pursuant to subsections 2 and 3 hold office for the ensuing biennium, or until their successors are elected and qualified. Any vacancy among such officers occurring between biennial elections must be filled by the county fair and recreation board to serve out the unexpired term of his predecessor.

      Sec. 12.  NRS 244A.625 is hereby amended to read as follows:

      244A.625  In any county [having a population of] whose population is 100,000 or more and less than [250,000,] 400,000, the county fair and recreation board may at any time appropriate and authorize the expenditure of money derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244A.597, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other money initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to money so appropriated and subject to any existing appropriations and any other encumbrances on that money to meet obligations existing when the appropriation is made, accrued or not accrued and determinable or contingent.

      Sec. 13.  NRS 244A.627 is hereby amended to read as follows:

      244A.627  Notwithstanding any other provision of law, no county fair and recreation board in a county [having a population of] whose population is 100,000 or more and less than [250,000] 400,000 may acquire, purchase, lease, sell, or dispose of any real property or engage in any other transaction relating to real property without prior approval of the board of county commissioners.

      Sec. 14.  NRS 244A.653 is hereby amended to read as follows:

      244A.653  [No county having a population of 250,000] A county whose population is 400,000 or more [may ever] shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities , [(] other than any notes or warrants maturing within 1 year from the respective dates of their issuance , [),] but excluding any outstanding revenue bonds, special assessment bonds or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 5 percent of the total last assessed valuation of the taxable property in the county . [; and no such county may ever] A county whose population is 400,000 or more shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities , [(] other than any such notes or warrants , [),] but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.

      Sec. 15.  NRS 244A.655 is hereby amended to read as follows:

      244A.655  [No county having a population of] A county whose population is less than [250,000 may ever] 400,000 shall not become indebted for those county recreational purposes under the provisions of NRS 244A.597 to 244A.655, inclusive, by the issuance of general obligation bonds and other general obligation securities , [(] other than any notes or warrants maturing within 1 year from the respective dates of their issuance , [),] but excluding any outstanding revenue bonds, special assessment bonds [,] or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county .


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

ê1989 Statutes of Nevada, Page 1906 (Chapter 796, AB 873)ê

 

general obligation securities , [(] other than any notes or warrants maturing within 1 year from the respective dates of their issuance , [),] but excluding any outstanding revenue bonds, special assessment bonds [,] or other special obligation securities, and excluding any outstanding general obligation notes and warrants, exceeding 3 percent of the total last assessed valuation of the taxable property in the county . [; and no such county may ever] A county whose population is less than 400,000 shall not become indebted in an amount exceeding 10 percent of that valuation by the issuance of any general obligation securities , [(] other than any such notes or warrants , [),] but excluding any outstanding special obligation securities and excluding any outstanding general obligation notes and warrants.

      Sec. 16.  NRS 244A.767 is hereby amended to read as follows:

      244A.767  1.  The board in any county whose population is [250,000] 400,000 or more, shall, by ordinance, create a taxing district to establish a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that county.

      2.  The boundary of the district:

      (a) Must be defined in the ordinance;

      (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

      (c) May include only the area served by the system.

      3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 254.010 is hereby amended to read as follows:

      254.010  The board of county commissioners of any county in this state [having a population of not less than 5,000 is authorized to] whose population is 6,000 or more may appoint a county engineer and [to] fix his compensation.

      Sec. 19.  NRS 256.010 is hereby amended to read as follows:

      256.010  The board of county commissioners of any county in this state [having a population of 15,000] whose population is 25,000 or more [is empowered:

      1.  To employ] may:

      1.  Employ a county statistician.

      2.  [To fix] Fix his salary in such a sum as the board [may deem] deems just and proper. The salary [shall] must be paid from the general fund of the county when approved and audited as required by law.

      Sec. 20.  NRS 258.010 is hereby amended to read as follows:

      258.010  1.  Except as otherwise provided in subsections 2, 3 and 4:

      (a) Constables shall be elected by the qualified electors of their respective townships.

      (b) The constables of the several townships of the state shall be chosen at the general election of 1966, and shall enter upon the duties of their offices on the [1st] first Monday of January next succeeding their election, and shall hold their offices for the term of 4 years thereafter, until their successors are elected and qualified.


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

ê1989 Statutes of Nevada, Page 1907 (Chapter 796, AB 873)ê

 

      (c) Constables shall receive certificates of election from the boards of county commissioners of their respective counties.

      2.  In any county which includes [but] only one township, the board of county commissioners may, by resolution, appoint the sheriff ex officio constable to serve without additional compensation. The resolution [shall] must not become effective until the completion of the term of office for which a constable may have been elected.

      3.  In all counties [having a population of] whose population is less than 100,000, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office of constable in those townships. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

      4.  In any county [having a population of 250,000] whose population is 400,000 or more, if the board of county commissioners determines that the office of constable is not necessary in one or more townships within the county, it may by ordinance abolish the office in those townships, but the abolition does not become effective as to any particular township until the constable incumbent on May 28, 1979, does not seek, or is defeated for, reelection. For any township in which the office of constable has been abolished, the board of county commissioners may by resolution appoint the sheriff ex officio constable to serve without additional compensation.

      Sec. 21.  NRS 4.215 is hereby amended to read as follows:

      4.215  A justice of the peace in a township [having a population of] whose population is more than [60,000] 75,000 may not act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record.

      Sec. 22.  NRS 4.350 is hereby amended to read as follows:

      4.350  1.  Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners, may appoint a deputy clerk for the justice’s court upon the recommendation of the justice of the peace. The compensation of a clerk so appointed must be fixed by the board of county commissioners.

      2.  The deputy clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is required of other officers of the township and county. The county clerk is not personally liable, on his official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.

      3.  The deputy clerk may administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform [such] any other duties in connection with the office as the justice of the peace prescribes.

      4.  Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk may, with the approval of the board of county commissioners, appoint a second deputy who shall comply with the requirements of subsection 2 and has the powers and duties prescribed in subsection 3.


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

ê1989 Statutes of Nevada, Page 1908 (Chapter 796, AB 873)ê

 

      5.  In a county whose population is [250,000] 400,000 or more, the board of county commissioners may appoint a deputy clerk for a justice’s court upon the recommendation of the justice of the peace. If there is more than one justice of the peace serving in any township, the board may appoint one or more additional deputy clerks.

      6.  If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the deputy clerk of the court.

      Sec. 22.5.  NRS 19.033 is hereby amended to read as follows:

      19.033  1.  In a county whose population is [250,000] 400,000 or more, on the commencement of any action for divorce in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of $15. The fee must be paid by the party commencing the action.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by him pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the state general fund. Quarterly, the county treasurer shall remit all money so collected to the state treasurer, who shall place the money in an account in the state general fund for use by the director of the state job training office or, if the office is abolished by executive order, a person appointed by the governor who has experience in training persons to obtain and maintain employment, to administer the provisions of sections 2 to 7, inclusive, of [this act.] Senate Bill No. 237 of this session.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $5 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:

      (a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

      Sec. 23.  NRS 50.325 is hereby amended to read as follows:

      50.325  1.  If a person is charged with an offense punishable pursuant to chapter 453 or 484 of NRS or homicide resulting from driving a vehicle while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove:

      (a) The existence of any alcohol;

      (b) The quantity of a controlled substance; or

      (c) The existence or identity of a controlled substance, chemical, poison or organic solvent,

the prosecuting attorney may request that the affidavit of an expert or other person described in NRS 50.315 be admitted in evidence at the trial or preliminary hearing concerning the offense.

      2.  The request must be made at least 10 days before the date set for the trial or preliminary hearing and must be sent to the defendant’s counsel and to the defendant, by registered or certified mail by the prosecuting attorney.


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

ê1989 Statutes of Nevada, Page 1909 (Chapter 796, AB 873)ê

 

      3.  If the defendant or his counsel notifies the prosecuting attorney by registered or certified mail at least 96 hours before the date set for the trial or preliminary hearing that the presence of the expert or other person is demanded, the affidavit must not be admitted. A defendant who demands the presence of the expert or other person and is convicted of violating NRS 484.379 or a provision of chapter 484 of NRS for which a driver’s license may be revoked shall pay the fees and expenses of that witness at the trial or preliminary hearing.

      4.  If at the trial or preliminary hearing the affidavit of an expert or other person has been admitted in evidence, and it appears to be in the interest of justice that the expert or other person be examined or cross-examined in person, the judge or justice of the peace may adjourn the trial or hearing for a period of not to exceed 3 judicial days to receive the testimony. Should 3 judicial days not be sufficient in a county whose population is less than [25,000] 35,000 to provide the presence of the expert or other person to be examined or cross-examined, the judge, justice of the peace or hearing officer may extend the period of adjournment for a period not exceeding 10 days. The time within which a preliminary hearing or trial is required is extended by the time of the adjournment.

      Sec. 24.  NRS 62.040 is hereby amended to read as follows:

      62.040  1.  Except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:

      (a) Concerning any child living or found within the county who is in need of supervision because he:

             (1) Is a child who is subject to compulsory school attendance and is an habitual truant from school;

             (2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or

             (3) Deserts, abandons or runs away from his home or usual place of abode,

and is in need of care or rehabilitation. The child must not be considered a delinquent.

      (b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he:

             (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder, or violates a county or municipal ordinance or any rule or regulation having the force of law; or

             (2) Violates the terms or conditions of an order of court determining that he is a child in need of supervision.

      (c) Concerning any child in need of commitment to an institution for the mentally retarded.

      2.  This chapter does not deprive justices’ courts and municipal courts in any county [having a population of 250,000] whose population is 400,000 or more of original jurisdiction to try juveniles charged with minor traffic violations but:

      (a) The restrictions set forth in subsection 3 of NRS 62.170 are applicable in those proceedings; and


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

ê1989 Statutes of Nevada, Page 1910 (Chapter 796, AB 873)ê

 

      (b) Those justices’ courts and municipal courts may, upon adjudication of guilt of the offenses, refer any juvenile to the juvenile court for disposition if the referral is deemed in the best interest of the child and where the minor is unable to pay the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of the judge of the juvenile division is required before reference to the juvenile court may be ordered. Any child charged in a justice’s court or municipal court pursuant to this subsection must be accompanied at all proceedings by a parent or legal guardian.

      Sec. 25.  NRS 62.180 is hereby amended to read as follows:

      62.180  1.  Provision must be made for the temporary detention of children in a detention home to be conducted as an agency of the court or in some other appropriate public institution or agency , [;] or the court may arrange for the care and custody of such children temporarily in private homes subject to the supervision of the court, or may arrange with any private institution or private agency to receive for temporary care and custody children within the jurisdiction of the court.

      2.  Except as provided in this subsection [,] and subject to the provisions of this chapter, any county may provide, furnish and maintain at public expense a building suitable and adequate for the purpose of a detention home for the temporary detention of children . [, subject to the provisions of this chapter. In counties having a population of 20,000] In a county whose population is 35,000 or more, the boards of county commissioners shall provide the detention facilities. Two or more counties, without regard to their respective populations, may provide a combined detention home under suitable terms agreed upon between the respective boards of county commissioners and the judges of the juvenile court regularly sitting in the judicial districts covering the counties.

      3.  Any detention home, built and maintained under this chapter, must be constructed and conducted as nearly like a home as possible, and shall not be deemed to be or treated as a penal institution . [, nor, in counties having a population of 20,000] In a county whose population is 35,000 or more, [may it] a detention home built and maintained under this chapter must not be adjoining or on the same grounds as a prison, jail or lockup.

      Sec. 26.  NRS 217.410 is hereby amended to read as follows:

      217.410  In [counties having a population of 250,000] a county whose population is 400,000 or more, the administrator of the division shall allocate 15 percent of all money granted to organizations in the county from the account for aid for victims of domestic violence to an organization in the county which has been specifically created to assist victims of rape. The administrator of the division has the final authority in determining whether an organization may receive money pursuant to this subsection. Any organization which receives money pursuant to this subsection shall furnish reports to the administrator of the division as required by NRS 217.460. To be eligible for this money, the organization must receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with this requirement.


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

ê1989 Statutes of Nevada, Page 1911 (Chapter 796, AB 873)ê

 

      Sec. 27.  NRS 217.450 is hereby amended to read as follows:

      217.450  1.  The commission on mental health and mental retardation shall advise the administrator of the division concerning the award of grants from the account for aid for victims of domestic violence.

      2.  The administrator of the division shall give priority to those applications from organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.

      3.  The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing [such an] the application.

      4.  In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:

      (a) A basic allocation of $7,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the basic allocation is $35,000. These allocations must be increased or decreased for each fiscal year ending after June 30, 1990, by the same percentage that the amount deposited in the account during the preceding fiscal year, pursuant to NRS 122.060, is greater or less than the sum of $791,000.

      (b) Any additional revenue available in the account must be allocated to grants, on a per capita basis, for all counties whose population [exceeds 14,000.] is 25,000 or more.

      (c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.

      Sec. 28.  NRS 231.040 is hereby amended to read as follows:

      231.040  1.  The commission on economic development is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

      2.  The governor shall appoint as members of the commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.

      3.  The governor shall appoint at least one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county whose population is [18,000] 24,000 or less.

      Sec. 29.  NRS 231.067 is hereby amended to read as follows:

      231.067  The commission on economic development shall:

      1.  Develop a state plan for industrial development and diversification.

      2.  Promote, encourage and aid the development of commercial, industrial, agricultural, mining and other vital economic interests of this state, except for travel and tourism.

      3.  Identify sources of financing and assist businesses and industries which wish to locate in Nevada in obtaining financing.

      4.  Provide and administer grants of money to political subdivisions of the state and to local or regional organizations for economic development to assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities.


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

ê1989 Statutes of Nevada, Page 1912 (Chapter 796, AB 873)ê

 

assist them in promoting the advantages of their communities and in recruiting businesses to relocate in those communities. Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [18,000,] 24,000, the commission may, if convinced that the recipient is financially unable to do so, provide such a grant with less than equal matching money provided by the recipient.

      5.  Encourage and assist state, county and city agencies in planning and preparing projects for economic or industrial development and financing those projects with revenue bonds.

      6.  Coordinate and assist the activities of counties, cities, local and regional organizations for economic development and fair and recreation boards in the state which affect industrial development, except for travel and tourism.

      7.  Arrange by cooperative agreements with local governments to serve as the single agency in the state where relocating or expanding businesses may obtain all required permits.

      8.  Promote close cooperation between public agencies and private persons who have an interest in industrial development and diversification in Nevada.

      9.  Organize and coordinate the activities of a group of volunteers which will aggressively select and recruit businesses and industries, especially small industries, to locate their offices and facilities in Nevada.

      Sec. 30.  NRS 231.170 is hereby amended to read as follows:

      231.170  1.  The commission on tourism is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.

      2.  The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.

      3.  The chief administrative officers of county fair and recreation boards of counties [having a population of] whose population is 100,000 or more are ex officio but nonvoting members of the commission.

      4.  The governor shall appoint at least one member who is a resident of:

      (a) Clark County.

      (b) Washoe County.

      (c) A county whose population is [18,000] 24,000 or less.

      Sec. 31.  NRS 231.260 is hereby amended to read as follows:

      231.260  The commission on tourism, through its division of tourism, shall:

      1.  Promote this state so as to increase the number of domestic and international tourists.

      2.  Promote special events which are designed to increase [such] tourism.

      3.  Develop a state plan to promote travel and tourism in Nevada.

      4.  Develop a comprehensive program of marketing and advertising, for both domestic and international markets, which publicizes travel and tourism in Nevada in order to attract more visitors to this state or lengthen their stay.

      5.  Provide and administer grants of money or matching grants to political subdivisions of the state, to fair and recreation boards, and to local or regional organizations which promote travel and tourism, to assist them in:


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

ê1989 Statutes of Nevada, Page 1913 (Chapter 796, AB 873)ê

 

      (a) Developing local programs for marketing and advertising which are consistent with the state plan.

      (b) Promoting specific events and attractions in their communities.

      (c) Evaluating the effectiveness of the local programs and events.

Each recipient must provide an amount of money, at least equal to the grant, for the same purpose, except, in a county whose population is less than [18,000,] 35,000, the commission may, if convinced that the recipient is financially unable to do so, provide [such] a grant with less than equal matching money provided by the recipient.

      6.  Coordinate and assist the programs of travel and tourism of counties, cities, local and regional organizations for travel and tourism, fair and recreation boards and transportation authorities in the state. Local governmental agencies which promote travel and tourism shall coordinate their promotional programs with those of the commission.

      7.  Encourage cooperation between public agencies and private persons who have an interest in promoting travel and tourism in Nevada.

      8.  Compile or obtain by contract, keep current and disseminate statistics and other marketing information on travel and tourism in Nevada.

      9.  Prepare and publish, with the assistance of the division of publications, brochures, travel guides, directories and other materials which promote travel and tourism in Nevada.

      Sec. 32.  NRS 268.048 is hereby amended to read as follows:

      268.048  1.  The governing body of a city located in a county whose population is less than [9,000,] 11,000, upon making a finding pursuant to a public hearing that a city industrial park is necessary to meet the needs of the city, and that no private enterprise has presented an acceptable proposal for industrial development, may develop a plan and establish requirements for the:

      (a) Acquisition, sale or lease of real property by the city for industrial development; and

      (b) Design, engineering and construction of industrial developments.

      2.  The governing body shall:

      (a) Give notice of its intention by publication at least once in a newspaper of general circulation published in the city, or if there is no such newspaper then in a newspaper of general circulation in the city published in the state; and

      (b) Hold its public hearing not less than 10 nor more than 20 days after the date of publication of the notice.

      3.  The governing body may grant an option to purchase property designated for industrial development. The duration of the option must not exceed 3 years but afterward the governing body may extend it year by year. Any attempted assignment of [such an] the option, whether contractual or effected by operation of law, is void. Upon its execution, the option must immediately be recorded by the governing body with the county recorder.

      4.  After review by the planning commission, a member of the governing body or the purchaser or lessee of the property shall present the proposed plan for an industrial development to the governing body.

      5.  The governing body shall, after a public hearing, approve or reject the proposed plan.


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

ê1989 Statutes of Nevada, Page 1914 (Chapter 796, AB 873)ê

 

      Sec. 33.  NRS 268.570 is hereby amended to read as follows:

      268.570  The provisions of NRS 268.570 to 268.608, inclusive, apply only to cities located in [counties having a population of 250,000] a county whose population is 400,000 or more.

      Sec. 34.  NRS 268.610 is hereby amended to read as follows:

      268.610  1.  The provisions of NRS 268.610 to 268.670, inclusive, apply only to cities located in [counties having a population of] a county whose population is less than [250,000.] 400,000.

      2.  The provisions of NRS 268.610 to 268.670, inclusive, except NRS 268.663, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.

      Sec. 35.  NRS 268.626 is hereby amended to read as follows:

      268.626  There is hereby created, in each county of the state [having a population of] whose population is 100,000 or more and less than [250,000,] 400,000, a city annexation commission which consists of members to be selected as follows:

      1.  Two members representing the county, one of whom [shall] must be the chairman of the board of county commissioners and the other a member of the board to be chosen by the board.

      2.  One member representing each city, who [shall] must be a member of the governing body to be chosen by the governing body.

      3.  If the provisions of subsections 1 and 2 result in an even number of members, one member [shall] must be added who is a resident owner of real property in the county chosen by the members of the commission already selected. If at the expiration of 90 days after the end of the month in which commission members are to be selected, as provided in NRS 268.628, no additional member has been chosen, the governor [shall] must appoint some person qualified as provided in this subsection.

      Sec. 36.  NRS 268.767 is hereby amended to read as follows:

      268.767  1.  If any incorporated city in a county whose population is [250,000] 400,000 or more is not a part of a district established pursuant to NRS 244A.765 to 244A.777, inclusive, the council for that city [shall,] must, by ordinance, create a taxing district to establish within the incorporated area of that city a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that city.

      2.  The boundary of the district:

      (a) Must be defined in the ordinance; and

      (b) May include only the area served by the system.

      Sec. 37.  NRS 269.576 is hereby amended to read as follows:

      269.576  1.  The board of county commissioners of any county [having a population of 250,000] whose population is 400,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      (a) Appointment by the board of county commissioners of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.


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

ê1989 Statutes of Nevada, Page 1915 (Chapter 796, AB 873)ê

 

      (b) Terms for members of the town advisory board, which must expire on the first Monday in January of each odd-numbered year.

      (c) Removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

      [(d)] 2.  The duties of the town advisory board [, which] are to:

             [(1)] (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

             [(2)] (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      [2.] 3.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      Sec. 38.  NRS 269.577 is hereby amended to read as follows:

      269.577  1.  The board of county commissioners of any county whose population is less than [250,000] 400,000 shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      (a) The appointment by the board of county commissioners or the election by the people of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.

      (b) The removal of a member of the town advisory board if the board of county commissioners finds that his removal is in the best interest of the residents of the unincorporated town, and for appointment of a member to serve the unexpired term of the member so removed.

      2.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      3.  The duties of the town advisory board [,] are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      Sec. 39.  NRS 269.578 is hereby amended to read as follows:

      269.578  1.  The board of county commissioners of any county whose population is less than [250,000] 400,000 shall appoint members for an appointive town advisory board which is created after June 30, 1983, to initial terms as follows:

      (a) For a three-member board:

             (1) One member for a term of no more than 1 year; and

             (2) Two members for terms of more than 1 year but no more than 2 years.

Each term must end on the first Monday in January of the appropriate year.

      (b) For a five-member board:

             (1) Two members for terms of no more than 1 year; and

             (2) Three members for terms of more than 1 year but not more than 2 years.

Each term must end on the first Monday in January of the appropriate year.


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

ê1989 Statutes of Nevada, Page 1916 (Chapter 796, AB 873)ê

 

      2.  As the initial terms expire, the board of county commissioners shall appoint members for terms of 2 years thereafter.

      3.  If the town board is made elective after June 30, 1983, the ordinance creating it must provide for the division of the first elected board by lot into two classes whose terms will correspond to those provided in subsection 1.

      Sec. 40.  NRS 269.650 is hereby amended to read as follows:

      269.650  In a county whose population is less than [250,000,] 400,000, those areas, including subdivisions, which are adjacent or contiguous to an unincorporated town [having a] whose population is less than 25,000, and which require substantially all of the services described in NRS 269.575, may be annexed by the unincorporated town by ordinance adopted by the town board or the board of county commissioners. The ordinance must contain a provision requiring that the town boundary be surveyed, mapped, platted and so enlarged as to include the area to be annexed. Upon filing of the plat or map of the town, including the area annexed, it constitutes the legal boundary of the town.

      Sec. 41.  NRS 271.3695 is hereby amended to read as follows:

      271.3695  1.  In a county whose population is more than 100,000 but less than [250,000,] 400,000, on or before June 30 of each year after the levy of an assessment within an improvement district located in a redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing a project, the governing body may prepare and approve and estimate of the expenditures required during the ensuing year for the extraordinary maintenance, repair and improvement of the project.

      2.  The governing body may adopt a resolution, after a public hearing, determining to levy and collect in any year upon and against all of the assessable property within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection 1 for the extraordinary maintenance, repair and improvement of the project. Notice of the hearing must be given, and the hearing conducted, in the manner specified in NRS 271.305.

      3.  The special assessment must be levied, collected and enforced at the same time, in the same manner, by the same officers and with the same interest and penalties as other special assessments levied pursuant to this chapter. The proceeds of the assessment must be placed in a separate fund of the municipality and expended only for the extraordinary maintenance, repair or improvement of the project.

      4.  As used in this section, “extraordinary maintenance, repair and improvement” includes all expenses ordinarily incurred not more than once every 5 years to keep the project in a fit operating condition. Expenses which are ordinarily incurred more than once every 5 years may be included only if the governing body expressly finds that the expenses must be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual because of special circumstances relating to the project for which the assessment is levied, including its use, location or operation and other circumstances. If the governing body makes such a finding, a statement of that finding must be included in the notice given pursuant to subsection 2.


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

ê1989 Statutes of Nevada, Page 1917 (Chapter 796, AB 873)ê

 

      Sec. 42.  NRS 278.030 is hereby amended to read as follows:

      278.030  1.  The governing body of each city and of each county [having not less than 15,000] whose population is 25,000 or more shall create by ordinance a planning commission to consist of seven members.

      2.  Cities and counties [of] whose population is less than [15,000 population] 25,000 may create by ordinance a planning commission to consist of seven members. If the governing body of any city or of any county [of] whose population is less than [15,000 population] 25,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.

      Sec. 43.  NRS 278.040 is hereby amended to read as follows:

      278.040  1.  The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not be members of the governing body of the city or county. The majority of the members of the county planning commission in any county [of over 250,000] whose population is 400,000 or more must reside within the unincorporated area of the county.

      2.  In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.

      3.  The governing body may provide for compensation to its planning commission in an amount of not more than $40 per meeting of the commission, with a total of not more than $200 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.

      4.  The term of each member is 4 years, or until his successor takes office.

      5.  Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.

      6.  Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.

      Sec. 44.  NRS 278.255 is hereby amended to read as follows:

      278.255  1.  In any county [which has a population of] whose population is less than [250,000] 400,000 or any city within such a county, the zoning ordinance must provide that a structure which exists and is nonconforming when the ordinance is adopted, and which is subsequently destroyed or removed from the property, may be replaced by:

      (a) A structure appropriate to the same use within a reasonable time established by the governing body of the city or county; or

      (b) A structure of a conforming use.

      2.  This section does not apply to any property:

      (a) Whose boundary is adjusted on or after June 14, 1981.

      (b) From which a structure has been removed through condemnation.

      Sec. 45.  NRS 278.345 is hereby amended to read as follows:

      278.345  Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county [having a population of 250,000] whose population is 400,000 or more, which does not have a regional planning commission, the city planning commission or governing body shall file a copy of the subdivider’s tentative map of the proposed subdivision with the county planning commission.


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

ê1989 Statutes of Nevada, Page 1918 (Chapter 796, AB 873)ê

 

commission, the city planning commission or governing body shall file a copy of the subdivider’s tentative map of the proposed subdivision with the county planning commission. [The] Within 30 days after the map is filed, the county planning commission shall [have not to exceed 30 days’ time for] take action on the map and report to the governing body of the city in which the subdivision is situated. The planning commission or governing body of the city shall take into consideration the report of the county planning commission before approving the tentative map of any subdivision.

      Sec. 46.  NRS 278.564 is hereby amended to read as follows:

      278.564  1.  Any deed restrictions in the unincorporated area of a county [having a population of] whose population is 100,000 or more but less than [250,000, recorded subsequent to] 400,000, recorded after July 1, 1973, may provide for the establishment and operation, under appropriate rules and procedure, of a construction committee.

      2.  As soon as a construction committee has been established and organized pursuant to the provisions of subsection 1, and no later than January 1 of each year thereafter, the officers of the committee shall file an affidavit with the building inspector having jurisdiction over the area within which the subdivision is situated, identifying the committee as the [duly] constituted construction committee empowered pursuant to recorded deed restrictions to determine compliance with those restrictions on lots in the subdivision. The affidavit must also set forth the names of the officers of the committee, including the address of a particular officer designated as the [duly] authorized representative of the committee for the purposes of NRS 278.563 to 278.568, inclusive.

      Sec. 47.  NRS 278.565 is hereby amended to read as follows:

      278.565  1.  A copy of deed restrictions proposed for a subdivision in a county [having a population of] whose population is 100,000 or more but less than [250,000] 400,000 must be filed with the planning commission or governing body with the tentative map.

      2.  Upon final approval of the subdivision, a copy of the restrictions must be:

      (a) Filed with the building inspector having jurisdiction over the area within which the subdivision is situated.

      (b) Presented to each prospective purchaser of real property within the subdivision.

      3.  The original copy of the restrictions may be recorded with the county recorder immediately following the recording of the final map.

      Sec. 48.  NRS 278.566 is hereby amended to read as follows:

      278.566  1.  Except as provided in subsection 3, the building inspector in a county [having a population of] whose population is 100,000 or more but less than [250,000,] 400,000, shall not issue any building permit for the construction, reconstruction, alteration or use of any building or other structure on a lot subject to deed restrictions unless he has received a written report thereon from the construction committee.

      2.  An application for a written report must be made by certified mail addressed to the [duly] authorized representative of the construction committee. If the construction committee fails or refuses to submit its written report to the building inspector within 20 days from the date of its receipt of a written request therefor, the building inspector [shall] must proceed as provided by law in cases where there is no functioning construction committee.


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

ê1989 Statutes of Nevada, Page 1919 (Chapter 796, AB 873)ê

 

written request therefor, the building inspector [shall] must proceed as provided by law in cases where there is no functioning construction committee.

      3.  This section does not apply if the cost of the construction, reconstruction, alteration or use specified in subsection 1 is $500 or less.

      Sec. 49.  NRS 318.0953 is hereby amended to read as follows:

      318.0953  1.  In every county whose population is [250,000] 400,000 or more, the board of county commissioners is, and in counties whose population is less than [250,000] 400,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for sewerage as provided in NRS 318.140, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 4.

      2.  The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing facilities for water as provided in NRS 318.144, or, furnishing both facilities for water and facilities for sewerage as provided in NRS 318.144 and 318.140, respectively, without regard to whether the district is also authorized to furnish facilities for storm drainage, but excluding any district which:

      (a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter.

      (b) Is organized or reorganized pursuant to this chapter, the boundaries of which include all or a portion of any incorporated city or all or a portion of a district for water created by special law.

      3.  In every county whose population is less than 100,000, the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and authorized to exercise the basic power of furnishing emergency medical services as provided in NRS 318.1185, which district may overlap the territory of any district authorized to exercise any one or more other basic powers designated in this chapter.

      4.  A board of county commissioners may exercise the options provided in subsections 1, 2 and 3 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district. In the latter case within the 30-day period the county clerk shall promptly cause a copy of the ordinance to be:

      (a) Filed in his office;

      (b) Transmitted to the secretary of the district; and

      (c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.


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

ê1989 Statutes of Nevada, Page 1920 (Chapter 796, AB 873)ê

 

      Sec. 50.  NRS 361.340 is hereby amended to read as follows:

      361.340  1.  Except as provided in subsection 2, the board of equalization of each county consists of:

      (a) Five members, only two of whom may be elected public officers, in [counties having a population of 10,000] a county whose population is 18,000 or more; and

      (b) Three members, only one of whom may be an elected public officer, in [counties having a population of] a county whose population is less than [10,000.] 18,000.

      2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. If [such] an additional parcel is added, it [shall] must determine the valuation of residential real property and the other members of the board [shall] must sit separately to determine the valuation of all other property subject to its jurisdiction.

      3.  A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.

      4.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

      5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

      6.  The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.

      7.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

      8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.

      9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

      10.  The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15.


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

ê1989 Statutes of Nevada, Page 1921 (Chapter 796, AB 873)ê

 

filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February 20 of each year except as to matters remanded by the state board of equalization. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      11.  The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.

      Sec. 51.  NRS 370.260 is hereby amended to read as follows:

      370.260  1.  All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.

      2.  The department shall:

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

      (b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to 2.5 mills per cigarette, but not less than 5 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.

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

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

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

      (a) In [counties] a county whose population is [5,000] 6,000 or more:

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

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


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

ê1989 Statutes of Nevada, Page 1922 (Chapter 796, AB 873)ê

 

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

      (b) In [counties] a county whose population is less than [5,000:] 6,000:

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

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

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

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

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

      Sec. 52.  NRS 371.107 is hereby amended to read as follows:

      371.107  The county assessor of each county [with a population of 30,000] whose population is 35,000 or more is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.

      Sec. 53.  NRS 371.125 is hereby amended to read as follows:

      371.125  The county assessor of each county [with a population of] whose population is less than [30,000] 35,000 is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.

      Sec. 54.  NRS 373.116 is hereby amended to read as follows:

      373.116  A commission may:

      1.  Acquire and own both real and personal property.

      2.  Exercise the power of eminent domain, if the city or county which has jurisdiction over the property approves, for the acquisition, construction, repair or maintenance of public roads, or for any other purpose related to public mass transportation.

      3.  Sell, lease or convey or otherwise dispose of rights, interests or properties.

      4.  Adopt regulations for:

      (a) Financing eligible activities;

      (b) The operation of systems or services provided by the commission; and

      (c) The operation of special systems by a private contractor, financed by the commission, for the transportation of elderly or handicapped persons, subject to the approval of the regulations by the board of county commissioners in an affected county whose population is less than [250,000.] 400,000.


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

ê1989 Statutes of Nevada, Page 1923 (Chapter 796, AB 873)ê

 

      Sec. 55.  NRS 377A.020 is hereby amended to read as follows:

      377A.020  1.  The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than [250,000] 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

      2.  An ordinance enacted pursuant to this chapter becomes effective when it is approved by a majority of the registered voters of the county voting upon a question which the board may submit to the voters at any election. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.

      3.  Any ordinance enacted pursuant to this section must provide that the tax be imposed on the first day of the second calendar month following the approval of the ordinance by the voters.

      Sec. 56.  NRS 379.0221 is hereby amended to read as follows:

      379.0221  The trustees of a county library district in any county whose population is [250,000] 400,000 or more and the governing body of any city within that county may, to establish and maintain a public library, consolidate the city into the county library district.

      Sec. 57.  NRS 379.050 is hereby amended to read as follows:

      379.050  1.  Whenever a new county library is provided for in any county [having a population of 15,000] whose population is 25,000 or more , [persons,] the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.

      2.  Whenever there are two or more county library districts in any county [having a population of 15,000] whose population is 25,000 or more , [persons, such] the districts may merge into one county library district upon approval of the library trustees of the merging districts.

      3.  Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:

      (a) Merge with the county library district upon approval of the trustees of the merging library and district; or

      (b) Subject to the limitations in NRS 379.0221, consolidate with the county library district.

      4.  All expenses incurred in making [such] a transfer or merger must be paid out of the general fund of the new library.

      Sec. 58.  NRS 380.010 is hereby amended to read as follows:

      380.010  1.  The board of county commissioners of any county may establish by ordinance a law library to be governed and managed by a board of law library trustees in accordance with the provisions of this chapter.

      2.  The board of county commissioners of any county [with a population under 20,000] whose population is less than 35,000 may establish by ordinance a law library to be governed and managed as prescribed by the board of county commissioners of that county. [Such] The board of county commissioners of any county whose population is less than 35,000 may exercise or delegate the exercise of any power granted to a board of law trustees under this chapter.


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

ê1989 Statutes of Nevada, Page 1924 (Chapter 796, AB 873)ê

 

delegate the exercise of any power granted to a board of law trustees under this chapter.

      3.  Any law library established pursuant to subsection 2 is subject to the provisions of NRS 380.065, 380.110 and 380.130 to 380.190, inclusive.

      Sec. 59.  NRS 380.110 is hereby amended to read as follows:

      380.110  1.  Except as otherwise provided in subsection 5, any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter must require that, from the fees received by the county clerk pursuant to NRS 19.013, a sum established by the ordinance, not exceeding $30 in any case, must be allocated by the county clerk to a fund designated as the law library fund. These allocations may be made from the fees collected by the county clerk for the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of these sources as may be determined by the ordinance.

      2.  All money so set aside must be paid by the county clerk to the county treasurer, who shall keep it separate in the law library fund.

      3.  The board of county commissioners may transfer from the county general fund to the law library fund such amounts as it determines are necessary for purposes of the law library.

      4.  Money in the law library fund must be:

      (a) Expended for the purchase of law books, journals, periodicals and other publications.

      (b) Expended for the establishment and maintenance of the law library.

      (c) Drawn therefrom and used and applied only as provided in this chapter.

      5.  In a county whose population is [250,000] 400,000 or more, the sum established by the ordinance must be no less than $15 nor more than $30 in any case.

      Sec. 60.  NRS 387.331 is hereby amended to read as follows:

      387.331  1.  The tax on residential construction authorized by this section is a specified amount which must be the same for each:

      (a) Lot for a mobile home;

      (b) Residential dwelling unit; and

      (c) Suite in an apartment house,

imposed on the privilege of constructing apartment houses, and residential dwelling units and developing lots for mobile homes.

      2.  The board of trustees of any school district whose population is less than [25,000] 35,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.

      3.  If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,000.


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

ê1989 Statutes of Nevada, Page 1925 (Chapter 796, AB 873)ê

 

approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,000.

      4.  The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.

      5.  The money collected must be deposited with the county treasurer in the school district’s fund for capital projects to be held and expended in the same manner as other money deposited in that fund.

      Sec. 61.  NRS 428.050 is hereby amended to read as follows:

      428.050  1.  In addition to the tax levied pursuant to NRS 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of a county shall, at the time provided for the adoption of its final budget, levy an ad valorem tax to provide aid and relief to those persons coming within the purview of this chapter. In a county whose population is [250,000] 400,000 or more, this levy must not exceed that adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, diminished by 12.3 cents for each $100 of assessed valuation. In a county whose population is less than [250,000] 400,000 the rate of the tax must be calculated to produce not more than the amount of money allocated pursuant to NRS 428.295.

      2.  The board of county commissioners of any county in which there was no levy adopted for the purposes of this chapter for the fiscal year ending June 30, 1971, may request that the Nevada tax commission establish a maximum rate for the levy of taxes ad valorem by the county to provide aid and relief pursuant to this chapter.

      3.  No county may expend or contract to expend for that aid and relief a sum in excess of that provided by the maximum ad valorem levy set forth in subsection 1 of this section and NRS 428.285 and 450.425, or established pursuant to subsection 2, together with such outside resources as it may receive from third persons, including, but not limited to, expense reimbursements, grants-in-aid or donations lawfully attributable to the county indigent fund.

      4.  Except as otherwise provided in this subsection, no interfund transfer, short-term financing procedure or contingency transfer may be made by the board of county commissioners to provide resources or appropriations to a county indigent fund in excess of those which may be otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this section and NRS 428.285 and 450.425. If the health of indigent persons in the county is placed in jeopardy and there is a lack of money to provide necessary medical care under this chapter, the board of county commissioners may declare an emergency and provide additional money for medical care from whatever sources may be available.

      Sec. 62.  NRS 439B.420 is hereby amended to read as follows:

      439B.420  1.  A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of his medical practice to be referred to the hospital or related entity.


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

ê1989 Statutes of Nevada, Page 1926 (Chapter 796, AB 873)ê

 

      2.  No rent required of a physician or entity which employs physicians by a hospital or related entity may be less than 75 percent of the rent for comparable office space leased to another physician or other lessee in the building, or in a comparable building owned by the hospital or entity.

      3.  A hospital or related entity shall not pay any portion of the rent of a physician or entity which employs physicians within facilities not owned or operated by the hospital or related entity, unless the resulting rent is no lower than the highest rent for which the hospital or related entity rents comparable office space to other physicians.

      4.  No health facility may offer any provider of medical care any financial inducement, excluding rental agreements subject to the provisions of subsection 2 or 3, whether in the form of immediate, delayed, direct or indirect payment to induce the referral of a patient or group of patients to the health facility. This subsection does not prohibit bona fide gifts under $100, or reasonable promotional food or entertainment.

      5.  The provisions of subsections 1 to 4, inclusive, do not apply to hospitals in a county whose population is less than [30,000.] 35,000.

      6.  A hospital, if acting as a billing agent for a medical practitioner performing services in the hospital, [shall] must not add any charges to the practitioner’s bill for services other than a charge related to the cost of processing the billing.

      7.  No hospital or related entity may offer any financial inducement to an officer, employee or agent of an insurer, a person acting as an insurer or self-insurer or a related entity. A person shall not accept such offers. This subsection does not prohibit bona fide gifts of under $100 in value, or reasonable promotional food or entertainment.

      8.  A hospital or related entity shall not sell goods or services to a physician unless the costs for such goods and services are at least equal to the cost for which the hospital or related entity pays for the goods and services.

      9.  A practitioner or health facility shall not refer a patient to a health facility or service in which the referring party has a financial interest unless the practitioner or health facility first discloses the interest.

      10.  The director may, at reasonable intervals, require a hospital or related entity or other party to an agreement to submit copies of operative contracts subject to the provisions of this section after notification by registered mail. The contracts must be submitted within 30 days after receipt of the notice. Contracts submitted pursuant to this subsection are confidential, except in cases in which an action is brought pursuant to subsection 11.

      11.  A person who willfully violates any provision of this section is liable to the State of Nevada for:

      (a) A civil penalty in an amount of not more than $5,000 per occurrence, or 100 percent of the value of the illegal transaction, whichever is greater.

      (b) Any reasonable expenses incurred by the state in enforcing this section.

Any money recovered pursuant to this subsection as a civil penalty must be deposited in a separate account in the state general fund and used for projects intended to benefit the residents of this state with regard to health care. Money in the account may only be withdrawn by act of the legislature.


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

ê1989 Statutes of Nevada, Page 1927 (Chapter 796, AB 873)ê

 

      12.  As used in this section, “related entity” means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

      Sec. 63.  NRS 445.231 is hereby amended to read as follows:

      445.231  1.  Each permit issued by the department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought:

      (a) Effluent limitations;

      (b) Standards of performance for new sources;

      (c) Standards for pretreatment;

      (d) Standards for injections of fluids through a well; and

      (e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the department as part of a continuing planning process or areawide plan for the management of the treatment of waste under NRS 445.257 or in furthering the purposes and goals of NRS 445.131 to 445.354, inclusive.

      2.  Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge or injection.

      3.  If an application is made to discharge from a point source into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each [with] county has a population of [25,000] 35,000 or more, the department [shall] must give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

      Sec. 64.  NRS 445.264 is hereby amended to read as follows:

      445.264  1.  The department shall notify each interested person and appropriate governmental agency of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon.

      2.  Notification must be in the manner provided in the regulations adopted by the commission pursuant to applicable federal law.

      3.  If the treatment works are to discharge into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each [with] county has a population of [25,000] 35,000 or more, the department [shall] must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.

      Sec. 65.  NRS 450.070 is hereby amended to read as follows:

      450.070  1.  Except in counties where the board of county commissioners is the board of hospital trustees, the board of hospital trustees for the public hospital consists of five trustees, who [shall:] must:

      (a) Be residents of the county or counties concerned.

      (b) Be elected as provided in subsection 2.

      2.  In any county:


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

ê1989 Statutes of Nevada, Page 1928 (Chapter 796, AB 873)ê

 

      (a) Whose population is less than 100,000, hospital trustees [shall] must be elected for terms of 4 years in the same manner as other county officers are elected.

      (b) Whose population is 100,000 or more but less than [250,000,] 400,000, hospital trustees [shall] must be elected from the county at large for terms of 4 years.

      Sec. 66.  NRS 450.090 is hereby amended to read as follows:

      450.090  1.  In any county [having a population of 250,000] whose population is 400,000 or more, the board of county commissioners is, ex officio, the board of hospital trustees and shall serve during their terms of office as county commissioners.

      2.  In any county [having a population of] whose population is 100,000 or more but less than [250,000,] 400,000, the board of hospital trustees for the public hospital [shall] must be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.

      3.  In any county [having] whose population is less than 100,000 , [population,] the board of hospital trustees for the public hospital [shall] must be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners [shall] must be a voting member of the board of hospital trustees during his term of office as county commissioner.

      Sec. 67.  NRS 450B.150 is hereby amended to read as follows:

      450B.150  1.  Except as otherwise provided in subsection 2, the health division shall administer and enforce the provisions of this chapter and the regulations, standards and procedures of the board established pursuant to the provisions of this chapter.

      2.  In a county whose population is [250,000] 100,000 or more, the county or district board of health shall:

      (a) Adopt regulations, standards and procedures for the administration of this chapter; and

      (b) Administer and enforce the provisions of this chapter.

The county or district board of health in those counties may perform all duties and exercise all powers of the health division pursuant to this chapter, except those duties and powers set forth in NRS 450B.236 to 450B.239, inclusive.

      3.  Except as otherwise provided in subsection 2, the health division and its authorized agents shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and vehicles of persons and governmental entities providing services regulated pursuant to the provisions of this chapter.

      Secs. 68 and 69.  (Deleted by amendment.)

      Sec. 70.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of combustibles, flammables and fireworks.


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

ê1989 Statutes of Nevada, Page 1929 (Chapter 796, AB 873)ê

 

      (c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.

      (d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than [25,000,] 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

      2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.

      3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.

      6.  The state fire marshal shall:

      (a) Investigate any fire which occurs in a county whose population is less than [25,000,] 35,000, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is [25,000] 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.


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

ê1989 Statutes of Nevada, Page 1930 (Chapter 796, AB 873)ê

 

      7.  The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state [on or before January 1, 1984,] and publish at least annually a summary of data collected under the system.

      8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of programs for public education and other fire prevention activities.

      9.  The state fire marshal shall:

      (a) Assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

      Sec. 71.  NRS 477.100 is hereby amended to read as follows:

      477.100  As used in NRS 477.110 to 477.170, inclusive, unless the context otherwise requires, “authority” means:

      1.  The state fire marshal in a county whose population is less than [25,000;] 35,000;

      2.  Unless the county has enacted an ordinance designating the persons who constitute the authority, the chief building official and chief officer of the fire service of the jurisdiction in any other county, and if they are unable to agree on any question, “authority” includes the county manager or city manager, who shall cast the deciding vote on that question; or

      3.  If the board of county commissioners of a county whose population is [25,000] 35,000 or more or the governing body of a city in that county has specified a person or persons to act as the authority, that person or those persons.

      Sec. 72.  NRS 482.225 is hereby amended to read as follows:

      482.225  1.  When application is made to the department for registration of a vehicle purchased in this state from a person other than a retailer required to be registered with the department of taxation or of a vehicle purchased outside this state and not previously registered within this state where the registrant or owner at the time of purchase was not a resident of or employed in this state, the department or its agent shall determine and collect any sales or use tax due and shall remit the tax to the department of taxation except as otherwise provided in NRS 482.260.

      2.  If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of that vehicle, it is presumed that the vehicle was purchased for use within the state and the representative or agent of the department of taxation shall collect the tax and remit it to the department of taxation.

      3.  Until all applicable taxes and fees are collected, the department shall refuse to register the vehicle.

      4.  In any county whose population is less than [30,000,] 35,000, the department shall designate the county assessor as the agent of the department for the collection of any sales or use tax.

      5.  If the registrant or owner desires to refute the presumption stated in subsection 2 that he purchased the vehicle for use in this state, he must pay the tax to the department and then may submit his claim for exemption in writing, signed by him or his authorized representative, to the department together with his claim for refund of tax erroneously or illegally collected.


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

ê1989 Statutes of Nevada, Page 1931 (Chapter 796, AB 873)ê

 

      6.  If the department finds that the tax has been erroneously or illegally collected, the tax must be refunded.

      Sec. 73.  NRS 484.2155 is hereby amended to read as follows:

      484.2155  “Urban area” means the area encompassed within the city limits of a city [which has a population of 5,000] whose population is 10,000 or more.

      Sec. 74.  NRS 541.160 is hereby amended to read as follows:

      541.160  In addition to the other means of providing revenue for such districts as provided in this chapter, the board may levy and collect taxes and special assessments for maintaining and operating those works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:

      1.  Class A. To levy and collect taxes upon all property within the district as provided in this chapter.

      2.  Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as provided in this chapter.

      3.  Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as provided in this chapter.

      4.  Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as provided in this chapter.

      5.  Class E. In the case of any subdistrict located in a county whose population is 100,000 or more but less than [250,000,] 400,000, to levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.

      Sec. 75.  NRS 543.240 is hereby amended to read as follows:

      543.240  1.  In any county whose population is [250,000] 400,000 or more, the entire county constitutes the district.

      2.  In any other county a district may:

      (a) Consist of one contiguous area or of two or more noncontiguous areas.

      (b) Include all or part of municipal corporations and other political subdivisions.

      Sec. 76.  NRS 543.250 is hereby amended to read as follows:

      543.250  1.  In any county whose population is less than [250,000] 400,000 the board of county commissioners may create districts.

      2.  No member of a board of county commissioners or board of directors is disqualified to perform any duty imposed by NRS 543.170 to 543.830, inclusive, by reason of ownership of property within any proposed district.

      3.  A district so created may include territory within another such county, with the consent of the board of county commissioners of the other county.

      Sec. 77.  NRS 543.600 is hereby amended to read as follows:

      543.600  1.  In a county whose population is [250,000] 400,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections 2 and 3 is to be used to provide revenue for the support of the district. The method selected must be approved, in an election held throughout the district, by a majority of the voters voting on the question.


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

ê1989 Statutes of Nevada, Page 1932 (Chapter 796, AB 873)ê

 

      2.  The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59805 to 354.5987, inclusive. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of supplemental city-county relief tax.

      3.  The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

      4.  In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.

      5.  In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.

      Sec. 78.  NRS 543.675 is hereby amended to read as follows:

      543.675  1.  In a county whose population is less than [250,000] 400,000 an owner in fee of real property situate in the district may file with the board a petition praying that those lands be excluded from the district.

      2.  Petitions must:

      (a) Describe the property which the petitioner desires to have excluded.

      (b) State that the property does not produce any runoff of floodwater capable of being served by the facilities of the district or by any future improvement contained in the master plan.

      (c) Be acknowledged in the same manner and form as required in case of a conveyance of land.

      (d) Be accompanied by a deposit of money sufficient to pay all costs of the proceedings for exclusion.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which must:

      (a) State the filing of the petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

      (d) State the prayer of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, and show cause in writing why the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person.

      5.  The filing of the petition is an assent by each petitioner to the exclusion from the district of all or part of the property mentioned in the petition.

      6.  The board, if it considers it not to be in the best interest of the district that all or part of the property be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

      7.  If the board considers it to be in the best interest of the district that the property mentioned in the petition to be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.


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

ê1989 Statutes of Nevada, Page 1933 (Chapter 796, AB 873)ê

 

      8.  There may be no withdrawal from a petition after consideration by the board nor may further objection be filed except in case of fraud or misrepresentation.

      9.  Upon granting the petition, the board shall file for record a certified copy of its ordinance making the change, in the manner provided in NRS 543.300.

      Sec. 79.  NRS 543.685 is hereby amended to read as follows:

      543.685  In a county whose population is less than [250,000] 400,000 the boundaries of a district may be enlarged by the inclusion of additional real property in the following manner:

      1.  The owner in fee of any real property capable of being served by the facilities of the district may file with the board a petition praying that the property be included in the district.

      2.  The petition must:

      (a) Set forth an accurate legal description of the property.

      (b) State that assent to the inclusion of the property in the district is given by all the owners in fee of the property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There may be no withdrawal from a petition after consideration by the board nor may further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of the petition, and of the place, time and date of the meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board is final and conclusive. If the petition is granted as to all or any of the real property described, the board shall make an order to that effect, and file it for record in the manner provided in NRS 543.300.

      5.  After the date of its inclusion in the district, the property is subject to all of the taxes imposed by the district, and is liable for its proportionate share of the existing general obligation bonded indebtedness of the district. It is not liable for any taxes levied or assessed before its inclusion in the district.

      Sec. 80.  NRS 662.015 is hereby amended to read as follows:

      662.015  1.  In addition to the powers conferred by law upon private corporations, a bank may:

      (a) Exercise by its board of directors or authorized officers and agents, subject to law, all powers necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange and other evidences of indebtedness, by receiving deposits, by buying and selling exchange, coin and bullion and by loaning money on personal security or real and personal property. At the time of making loans, banks may take and receive interest or discounts in advance.

      (b) Adopt regulations for its own government not inconsistent with the constitution and laws of this state.

      (c) Issue, advise and confirm letters of credit authorizing the beneficiaries to draw upon the bank or its correspondents.

      (d) Receive money for transmission.


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

ê1989 Statutes of Nevada, Page 1934 (Chapter 796, AB 873)ê

 

      (e) Establish and become a member of a clearing house association and pledge assets required for its qualification.

      (f) Exercise any authority and perform all acts that a national bank may exercise or perform, with the consent and written approval of the commissioner.

      (g) Provide for the performance of the services of a bank service corporation, such as data processing and bookkeeping, subject to any regulations which may be adopted by the commissioner.

      2.  A bank may purchase, hold and convey real property:

      (a) [Such as] As is necessary for the convenient transaction of its business, including furniture and fixtures, with its banking offices and for future site expansion, which investment must not exceed , except as otherwise provided in this section, 60 percent of its capital accounts plus subordinated capital notes and debentures . [; but the] The commissioner may, in his discretion, authorize any bank located in a city whose population is more than [5,000] 10,000 to invest more than 60 percent of its capital accounts plus subordinated capital notes and debentures in its banking houses, furniture and fixtures.

      (b) [Such as] As is mortgaged to it in good faith by way of security for loans made or money due to the bank.

      (c) [Such as] As is permitted by NRS 662.103.

      3.  Nothing in this section prohibits any bank from holding, developing or disposing of any real property it may acquire through the collection of debts due it . [; but that] Any real property acquired through the collection of debts due it may not be held for a longer time than 10 years. It must be sold at private or public sale within 30 days thereafter. During the time that the bank holds the real property, the bank shall charge off the real property on a schedule of not less than 10 percent per year, or at a greater percentage per year as the commissioner may require.

      Sec. 81.  NRS 704.230 is hereby amended to read as follows:

      704.230  1.  Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical water meters or similar mechanical device, to measure the quantity of water delivered to residential water users.

      2.  A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed water meters or similar devices to measure the consumption of water.

      3.  A water meter or similar device may be installed to measure the consumption of water by a residential customer:

      (a) With the consent of the customer; and

      (b) To obtain information concerning a representative sample of residential customers to determine what benefits, if any, would be derived from the installation and use of water meters for residential customers generally.

Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom [such] a meter is installed the same amount for water used as if no meter had been installed.


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

ê1989 Statutes of Nevada, Page 1935 (Chapter 796, AB 873)ê

 

meter is installed the same amount for water used as if no meter had been installed.

      4.  A water meter or similar device may be installed to measure the quantity of water delivered and determine the charge to residential users of water if:

      (a) The owner of the property on which it is installed consents in writing to the installation, operation and use of the device; and

      (b) The written consent is recorded with the county recorder of the county in which the property is located.

The written consent binds any successor in interest to that property to the provisions thereof.

      5.  Every newly constructed residential building which is occupied for the first time after July 1, 1988, must be equipped with a water meter.

      6.  This section does not apply to cities and towns owning and operating municipal waterworks, or to cities and towns located in [counties having a population of 250,000] a county whose population is 400,000 or more.

      Sec. 82.  Section 1.040 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, at page 56, is hereby amended to read as follows:

       Sec. 1.040  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of] a county whose population is less than [200,000.] 400,000.

      Sec. 83.  Section 1.040 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 603, is hereby amended to read as follows:

       Sec. 1.040  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of] a county whose population is less than [200,000.] 400,000.

      Sec. 84.  (Deleted by amendment.)

      Sec. 85.  Section 1.050 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 403, is hereby amended to read as follows:

       Sec. 1.050  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of 200,000] a county whose population is 400,000. or more.

      Sec. 86.  Section 1.040 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:

       Sec. 1.040  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of 200,000] a county whose population is 400,000 or more.


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

ê1989 Statutes of Nevada, Page 1936 (Chapter 796, AB 873)ê

 

      Sec. 87.  Section 1.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended to read as follows:

       Sec. 1.040  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of] a county whose population is less than [250,000.] 400,000.

      Sec. 88.  Section 1.050 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 725, is hereby amended to read as follows:

       Sec. 1.050  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of] a county whose population is less than [200,000.] 400,000.

      Sec. 89.  Section 1.040 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 902, is hereby amended to read as follows:

       Sec. 1.040  Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to [counties having a population of] a county whose population is less than [200,000.] 400,000.

      Sec. 90.  Section 1 of chapter 113, Statutes of Nevada 1989, is hereby amended to read as follows:

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

       1.  The board in any county whose population is less than 400,000 may submit to the voters of that county the question of whether a taxing district to establish a system to provide a telephone number to be used in an emergency should be created within the county. If the question is approved, the board, by ordinance, must create such a district.

       2.  The boundary of a district created pursuant to subsection 1:

       (a) Must be defined in the ordinance;

       (b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and

       (c) May include only the area served by the system.

       3.  The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.

      Sec. 91.  Section 2 of chapter 130, Statutes of Nevada 1989, is hereby amended to read as follows:

       Sec. 2.  NRS 450B.265 is hereby amended to read as follows:

       450B.265  [A] 1.  Except as otherwise provided in subsection 2, a fire-fighting agency or an owner, operator, director or chief officer of an ambulance shall not represent, advertise or imply that it:

       [1.] (a) Is authorized to provide advanced emergency care; or


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

ê1989 Statutes of Nevada, Page 1937 (Chapter 796, AB 873)ê

 

       [2.] (b) Utilizes the services of an advanced emergency medical technician,

unless the service has a currently valid permit to provide advanced emergency care issued by the health division.

       2.  Any service in a county whose population is less than 400,000, that holds a valid permit for the operation of an ambulance but is not authorized by the health division to provide advanced emergency care may represent, for billing purposes, that its ambulance provided advanced emergency care if:

       (a) A registered nurse employed by a hospital rendered advanced emergency care to a patient being transferred from the hospital by the ambulance; and

       (b) The equipment deemed necessary by the health division for the provision of advanced emergency care was on board the ambulance at the time the registered nurse rendered advanced emergency care.

       3.  A hospital that employs a registered nurse who renders the care described in subsection 2 is entitled to reasonable reimbursement for the services rendered by the nurse.

      Sec. 92.  Section 4 of Senate Bill No. 237 of this session is hereby amended to read as follows:

       Sec. 4.  1.  The board shall, to the extent that money is available, establish in a county whose population is [250,000] 400,000 or more, a center to provide services for displaced homemakers and may, with the approval of the director, enter into contracts with public or nonprofit private organizations to provide the various services.

       2.  All gifts and grants of money received for the purposes of sections 2 to 7, inclusive, of this act, must be deposited in the same account in the state general fund as money deposited pursuant to subsection 2 of NRS 19.033.

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

      Sec. 93.  Section 1 of Assembly Bill No. 900 of this session is hereby amended to read as follows:

       Section 1.  NRS 704.230 is hereby amended to read as follows:

       704.230  1.  [Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical water meters or similar mechanical device, to measure the quantity of water delivered to residential water users.

       2.  A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed water meters or similar devices to measure the consumption of water.

       3.  A water meter or similar device may be installed to measure the consumption of water by a residential customer:

       (a) With the consent of the customer; and

       (b) To obtain information concerning a representative sample of residential customers to determine what benefits, if any, would be derived from the installation and use of water meters for residential customers generally.


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

ê1989 Statutes of Nevada, Page 1938 (Chapter 796, AB 873)ê

 

derived from the installation and use of water meters for residential customers generally.

Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom a meter is installed the same amount for water used as if no meter had been installed.

       4.  A water meter of similar device may be installed to measure the quantity of water delivered and determine the charge to residential users of water if:

       (a) The owner of the property on which it is installed consents in writing to the installation, operation and use of the device; and

       (b) The written consent is recorded with the county recorder of the county in which the property is located.

The written consent binds any successor in interest to that property to the provisions thereof.

       5.] Every newly constructed residential building which is occupied for the first time after July 1, 1988, must be equipped with a water meter.

       [6.  This section does]

       2.  Subsection 1 does not apply to cities and town owning and operating municipal waterworks, or to cities and towns located in a county whose population is 400,000 or more.

      Sec. 94.  The legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has considered the suggestions of the several counties and of other interested persons in the state relating to whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been changed should not under present conditions apply to a county larger or smaller, as the case may be, than the new criterion established.

      Sec. 95.  1.  This section and section 81 of this act become effective on October 1, 1989.

      2.  The remaining sections of this act become effective on the date when the Secretary of Commerce reports the 1990 census of population to the President of the United States as required by 13 U.S.C. § 141(b).

 

________


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

ê1989 Statutes of Nevada, Page 1939ê

 

CHAPTER 797, AB 518

Assembly Bill No. 518–Assemblymen Price, Bogaert, Callister, Spinello, Kerns, Gibbons, Fay, Lambert, Brookman, Diamond, Wisdom, Evans, Spriggs, Garner, Swain, Regan, Chowning, Adler, Kissam, Arberry, Wendell Williams, Freeman, McGaughey, McGinness, Sader, Thompson, DuBois, Jeffrey, Schofield, Dini, Triggs, Nevin, Banner, Carpenter, Porter, Bergevin, Myrna Williams, Gaston, Humke, Marvel, Sheerin and Sedway

CHAPTER 797

AN ACT relating to days of observance; requiring the governor to proclaim the third week in September as “Constitution Week”; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governor shall annually proclaim the third week in September to be “Constitution Week” and September 17 to be “Constitution Day” to commemorate the historical contributions that the United States Constitution has made to citizens and its significance in preserving the individual freedoms, liberties and common welfare of the people who live in the United States of America.

      2.  The proclamation shall:

      (a) Call upon the news media, educators, state and local officers, professional, business and labor leaders, and others in positions of authority or influence to bring to the attention of Nevada’s citizens the importance of the United States Constitution in shaping and articulating the basic values that underlie the unique character of American civilization and culture, based on the belief that sovereignty emanates from the people who comprise a society and that governmental authority is based upon the consent of the governed;

      (b) Encourage elected and appointed officers and employees at all levels of government and in all public and educational institutions to develop new programs and new ideas by which the citizens of this state and nation can better understand and improve the effectiveness of all branches of government established within the American constitutional system;

      (c) Direct appropriate officers and agencies to develop recommendations by which federal, state and local policies for the preservation of historical records can be formulated and put into effect, so that the cultural and informational resources that are essential to a constitutional form of government are preserved and made accessible to present and future generations of citizens; and

      (d) Remind all citizens that the preservation of the American constitutional form of government, and the freedom and liberty guaranteed by the United States Constitution, are based upon the responsibility of each citizen to uphold and defend the Constitution.


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

ê1989 Statutes of Nevada, Page 1940 (Chapter 797, AB 518)ê

 

      Sec. 2.  There is hereby appropriated from the state general fund to the commission for the bicentennial of the United States Constitution created pursuant to NRS 236.080 the sum of $10,000 for continued support of this national celebration.

      Sec. 3.  Any remaining balance of the appropriation made by section 2 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. 4.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 798, AB 529

Assembly Bill No. 529–Assemblymen Jeffrey, Myrna Williams, Sedway, Gaston, Adler, Regan, Kissam, Wisdom, Spinello, Dini, Marvel, Chowning, Evans, Diamond, Triggs, McGinness, Arberry, Thompson, Wendell Williams, Brookman, Freeman, Lambert, Nevin, Humke, Gibbons, Porter, DuBois and Garner

CHAPTER 798

AN ACT relating to local cultural activities; creating the fund for local cultural activities; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 233C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The fund for local cultural activities is hereby created as a special revenue fund. The fund must be administered by the trustee of the Music Performance Trust Funds, 1501 Broadway, New York City, New York.

      2.  If the trustee signifies his acceptance in writing to the secretary of state and furnishes a copy of his acceptance to the state controller, money from the fund must be paid out on claims by the trustee as other claims against the state are paid.

      Sec. 3.  1.  The trustee may use money from the fund for local cultural activities to support concerts, operas, ballets and public dances:

      (a) Which are presented in this state in public parks, public facilities, universities, colleges, schools, hospitals and other institutions; and

      (b) For which no fee is charged to the public, students, patients or other persons for attendance.

      2.  The costs for which the trustee may expend money from the fund include the compensation of musicians, singers and necessary technicians, and the cost of their transportation to and from performances.

      3.  The trustee may use no more than 10 percent of the total money expended for the payment of industrial insurance, unemployment compensation, federal taxes on employment and similar charges. In addition, he may expend money from the fund to pay his actual expenses of travel in administering the fund.


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

ê1989 Statutes of Nevada, Page 1941 (Chapter 798, AB 529)ê

 

expend money from the fund to pay his actual expenses of travel in administering the fund.

      4.  Employment of any performer or technician must comply with NRS 613.230 to 613.430, inclusive, and no reference to arrangement through a labor organization may be made with respect to any performance funded in whole or in part from the fund.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the fund for local cultural activities created pursuant to section 2 of this act the sum of $100,000 for the purposes set forth in section 3 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 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. 5.  This act expires by limitation and any money deposited in the fund for local cultural activities reverts immediately to the state general fund if:

      1.  The trustee of the Music Performance Trust Funds fails to signify his acceptance of the administration of the fund before January 1, 1990; or

      2.  After signifying his acceptance, the trustee fails to administer the fund.

      Sec. 6.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 799, AB 539

Assembly Bill No. 539–Assemblyman Dini

CHAPTER 799

AN ACT making an appropriation to Yerington Grammar School No. 9 Restoration, Inc.; and providing other matters properly relating thereto.

 

[Approved July 5, 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 Yerington Grammar School No. 9 Restoration, Inc., the sum of $20,000 for the restoration of Yerington Grammar School No. 9.

      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 on June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1942ê

 

CHAPTER 800, AB 540

Assembly Bill No. 540–Assemblyman Dini

CHAPTER 800

AN ACT making an appropriation to Storey County to establish a Comstock mining museum and to continue restoration of the Fourth Ward School in Virginia City; and providing other matters properly relating thereto.

 

[Approved July 5, 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 Storey County for:

Establishment of a Comstock mining museum..................................            $10,000

Restoration of the Fourth Ward School.............................................            $10,000

      Sec. 2.  Any remaining balance of the sums appropriated 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 on July 1, 1989.

 

________

 

 

CHAPTER 801, AB 570

Assembly Bill No. 570–Assemblymen Sedway, Evans, Spinello, Callister, Porter, Myrna Williams, Bergevin, Swain, Freeman, Adler and DuBois

CHAPTER 801

AN ACT making an appropriation to the department of education for distribution to public broadcasting stations; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the department of education the sum of $50,000 for distribution to public broadcasting stations.

      2.  The entire amount of the appropriation must be distributed pursuant to sections 2 and 3 of this act.

      Sec. 2.  The superintendent of public instruction shall distribute the money appropriated by section 1 of this act to all nonprofit public broadcasting stations in Nevada. For the purposes of this act, “public broadcasting station” means a station which is licensed by the Federal Communications Commission as a noncommercial educational station or to operate a low-power television or radio station on an exclusively noncommercial basis and which:

      1.  Is licensed in the State of Nevada;

      2.  Has been on the air for at least 1 year;


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

ê1989 Statutes of Nevada, Page 1943 (Chapter 801, AB 570)ê

 

      3.  Maintains power and an antenna height sufficient to cover its service area with a primary-strength signal; and

      4.  Broadcasts programming devoted primarily to serving the educational, informational and cultural needs of the community.

The term does not include a station whose programming is designed to further the principles of a particular religious philosophy.

      Sec. 3.  1.  The sum appropriated by section 1 of this act must be distributed by the superintendent of public instruction as follows:

      (a) To the grant pool for public television, 75 percent; and

      (b) To the grant pool for public radio, 25 percent.

      2.  After the money has been divided into the grant pools for television and radio, those grant pools will be distributed in the form of:

      (a) A basic grant. An amount equal to 20 percent of the television grant pool and of the radio grant pool must be used for basic grants. Money from a basic grant must be distributed equally among the eligible stations within each grant pool.

      (b) An incentive grant. To encourage and reward local efforts for nontax-based fund raising, the remaining 80 percent of the television and radio grant pools must be used for incentive grants to stations. Distribution of incentive grants must be based on each station’s audited statement of nontax-based income for the immediately preceding fiscal year. The amount distributed to each station must represent that portion, expressed as a percentage, which each station’s nontax-based income represents in proportion to the total of all nontax-based income reported by all eligible recipients within each grant pool.

      Sec. 4.  Money appropriated by section 1 of this act must not supplant or cause to be reduced any other source of funding for such stations and must be used exclusively for the benefit of a public broadcast station and not for general institutional overhead or expenses of a parent organization.

      Sec. 5.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 802, AB 579

Assembly Bill No. 579–Assemblymen Jeffrey

CHAPTER 802

AN ACT making an appropriation to Clark County from the reserve fund for the supplemental city-county relief tax to repair and maintain a water system for the residents of the Searchlight area; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

      whereas, The placement and condition of the water storage tanks which serve the residents of the area known as Searchlight cause the water pressure to be insufficient to produce the effect needed for the operation of the area’s fire hydrants; and

      whereas, Many of Searchlight’s municipal water pipes are undersized and many have holes that need to be patched; and


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

ê1989 Statutes of Nevada, Page 1944 (Chapter 802, AB 579)ê

 

      whereas, These deficiencies are coupled with the fact that the area’s wells do not produce enough water to serve the residents of Searchlight during the peak period of use; and

      whereas, These conditions were unforeseen and uncontrollable, and substantially impair the financial capacity of Clark County to provide one of the basic services for which it was created; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $500,000 to rehabilitate the water system serving the residents of the Searchlight area.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed, and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.

      Sec. 3.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by section 1 of this act to the county treasurer of Clark County.

      Sec. 4.  This act becomes effective on June 30, 1989.

 

________

 

 

CHAPTER 803, AB 597

Assembly Bill No. 597–Committee on Government Affairs

CHAPTER 803

AN ACT relating to county government; allowing the board of county commissioners of any county to contract for construction and lease-purchase of facilities; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.286 is hereby amended to read as follows:

      244.286  1.  The board of county commissioners of any county [whose population is 250,000 or more] may enter into an agreement with a [corporation incorporated to advance civic interests in a county, under the provisions of NRS 81.350 to 81.400, inclusive,] person whereby the [corporation] person agrees to construct [an athletic] a facility according to specifications adopted by the board of county commissioners and thereupon enter into a lease-purchase agreement with the board of county commissioners for that building or facility.

      2.  [Any such] The board of county commissioners may convey property to [such a corporation] a person where the purpose of the conveyance is the entering into of an agreement contemplated by subsection 1.


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

ê1989 Statutes of Nevada, Page 1945 (Chapter 803, AB 597)ê

 

      3.  The provisions of NRS 338.010 to 338.090, inclusive, apply to any agreement for the construction of a building or facility entered into pursuant to subsection 1.

 

________

 

 

CHAPTER 804, AB 830

Assembly Bill No. 830–Committee on Government Affairs

CHAPTER 804

AN ACT relating to state land; authorizing the state land registrar to convey certain land to Clark County in exchange for land of equal value or utility to the state; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The state land registrar on behalf of the State of Nevada may in exchange for land of equal value or utility to the state, convey by quitclaim deed to Clark County, all of the right, title and interest of the State of Nevada in all or part of the parcel of land described as follows:

 

Government lots 8 and 13, located in section 12, T. 32 S., R. 66 E., M.D.B. & M., Clark County, Nevada, containing 54.99 acres, more or less.

 

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

 

________

 

 

CHAPTER 805, AB 849

Assembly Bill No. 849–Committee on Health and Welfare

CHAPTER 805

AN ACT relating to health care; changing the threshold for the review of certain proposed expenditures by or on behalf of a health facility; requiring that a proposal to provide certain services be reviewed by the director of the department of human resources; providing additional exceptions to the requirement for review; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439A.081 is hereby amended to read as follows:

      439A.081  1.  The department is the agency of the State of Nevada for health planning and development, and shall carry out the state administrative program and perform the functions of health planning and development for the state in accordance with the following priorities:


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

ê1989 Statutes of Nevada, Page 1946 (Chapter 805, AB 849)ê

 

      (a) Providing for the effective use of methods for controlling increases in the cost of health care;

      (b) Providing for the adequate supply and distribution of health resources;

      (c) Providing for equal access to quality health care at a reasonable cost; and

      (d) Providing the public education regarding proper personal health care and methods for the effective use of available health services.

The department shall consult with and assist the council.

      2.  In order to carry out the provisions of this chapter, the director may:

      (a) Delegate the duties of the director and the department pursuant to this chapter to the administrator and the division;

      (b) Hire employees in the classified service;

      (c) Adopt such regulations as are necessary; and

      (d) Apply for, accept and disburse money granted by the Federal Government for the purposes of health planning and development . [, including grants made pursuant to the Federal Act.]

      3.  The department may, by regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of any such fees must be based upon the department’s costs of examining and acting upon the applications.

      4.  In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for health planning and development.

      Sec. 2.  NRS 439A.100 is hereby amended to read as follows:

      439A.100  1.  Except as provided in NRS 439A.103, no person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.

      2.  The projects for which this approval is required are:

      (a) Except as otherwise provided in subsection 3, any proposed expenditure by or on behalf of a health facility in excess of the greater of [$2,000,000] $4,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;

      (b) A proposal which increases the number of licensed or approved beds in a health facility other than a hospital above the total of the number of licensed beds and the number of additional beds which have been approved pursuant to this subsection;

      (c) A proposal which increases the number of licensed and approved beds in a hospital through the addition of 10 or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility, whichever is less, over a period of 2 years;

      (d) Except as otherwise provided in subsection 4, the proposed acquisition of any new or used medical equipment which has a market value of more than [$2,000,000] $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;

 


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

ê1989 Statutes of Nevada, Page 1947 (Chapter 805, AB 849)ê

 

[$2,000,000] $1,000,000 or such an amount as the department may specify by regulation, whichever is greater;

      (e) The acquisition of an existing health facility if:

             (1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or

             (2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds;

      (f) The construction of a new health facility; [and]

      (g) The conversion of an existing office of a practitioner to a health facility, regardless of the cost of the conversion, if the establishment of the office would have met the threshold for review of costs pursuant to paragraph (a) or (d) [.] ; and

      (h) A proposal to establish any of the following services:

             (1) The intensive care of newborn babies;

             (2) The treatment of burns;

             (3) The performance of open-heart surgery;

             (4) The transportation of patients by helicopter; or

             (5) A center for the treatment of trauma.

      3.  As used in paragraph (d) of subsection 2, “market value” includes all costs associated with the installation and acquisition of the equipment, whether it is acquired by lease, rent, donation, contractual agreement, purchase, any method of financing or any encumbrance of money.

      4.  The provisions of paragraph (a) of subsection 2 do not include any capital expenditure for:

      (a) The acquisition of land;

      (b) The construction of a facility for parking;

      (c) The maintenance of a health facility;

      (d) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

      (e) The installation of a system to conserve energy;

      (f) The installation of a system for data processing or communication; or

      (g) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service.

      [4.] 5.  The provisions of paragraph (d) of subsection 2 do not include acquisitions of medical equipment proposed primarily to replace existing equipment. The person acquiring the replacement equipment, within a period specified by regulation of the department, shall notify it of his intention to acquire the equipment. The department shall by regulation develop standards to determine whether the primary purpose of a proposed acquisition is to replace existing equipment.

      [5.] 6.  In reviewing an application for approval, the director shall:

      (a) Comparatively assess applications for similar projects affecting the same geographic area; and

      (b) Base his decision on criteria established by the director by regulation.

The criteria must include:

             (1) The need for and the appropriateness of the project in the area to be served;

             (2) The extent to which the project is consistent with the state health plan;


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

ê1989 Statutes of Nevada, Page 1948 (Chapter 805, AB 849)ê

 

             (3) The financial feasibility of the project;

             (4) The effect of the project on the cost of health care; and

             (5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.

      [6.] 7.  The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.

      [7.] 8.  The decision of the director is a final decision for the purposes of judicial review.

      Sec. 3.  NRS 439A.103 is hereby amended to read as follows:

      439A.103  1.  The following projects are exempt from the requirements of NRS 439A.100:

      (a) Any project to increase the number of beds in a facility for skilled nursing or a facility for intermediate care or to establish such a facility, if:

             (1) The director determines that, at the time the application for an exemption is made, the proposed increase in the number of beds in a service area would not cause the total number of beds to exceed by more than 15 percent the total need for beds in that service area as set forth in the state health plan, and that the increase is otherwise consistent with the requirements of the state health plan; and

             (2) The applicant provides evidence satisfactory to the director that:

             (I) He has secured financing for the construction of the project;

             (II) He owns or has an option to purchase a proposed site that is properly zoned for the project; and

             (III) Sufficient money has been committed for the first year of operation of the project.

If the applicant for any reason fails to begin construction of the project within 1 year after the date of the certificate of exemption issued pursuant to subsection 2, the exemption is automatically revoked.

      (b) Any project related to a health maintenance organization [is not exempt from review pursuant to NRS 439A.100 unless] , if it is subject to review pursuant to 42 U.S.C. § 300m-6.

      (c) Any project for the development of a health facility that has received legislative approval and authorization.

      2.  Upon determining that a project satisfies the requirements for an exemption to NRS 439A.100, the director shall issue a certificate which states that the project is exempt from the requirements of that section.

      Sec. 4.  NRS 449.087 is hereby amended to read as follows:

      449.087  1.  A licensee must obtain the approval of the health division to amend his license to operate a facility before the addition of any of the following services:

      (a) The intensive care of newborn babies.

      (b) The treatment of burns.

      (c) The transplant of organs.

      (d) The performance of open-heart surgery.

      (e) A center for the treatment of trauma.


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

ê1989 Statutes of Nevada, Page 1949 (Chapter 805, AB 849)ê

 

      2.  The health division shall approve an application to amend a license to allow a facility to provide any of the services described in subsection 1 [unless it determines that the licensee has inadequate personnel or equipment for the provision of the services.] if the applicant satisfies the requirements contained in NRS 449.080. The health division may [deny approval or] revoke its approval if the licensee fails to [comply] maintain substantial compliance with standards approved by the board for the provision of such services [.] , or with any conditions included in the written approval of the director issued pursuant to the provisions of NRS 439A.100.

      3.  The board shall consider standards adopted by appropriate national organizations as a guide for adopting standards for the approval of the provision of services pursuant to this section.

      Sec. 5.  NRS 439A.014 is hereby repealed.

      Sec. 6.  The amendatory provisions of this act do not apply to any application for approval filed pursuant to NRS 439A.100 or 449.087 on or before January 1, 1989.

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

 

________

 

 

CHAPTER 806, AB 860

Assembly Bill No. 860–Assemblymen Schofield

CHAPTER 806

AN ACT relating to petroleum products; making various changes to the standards concerning the quality of fuel used in internal combustion engines; making the state board of agriculture responsible for enforcing those standards; authorizing the imposition of administrative fines for certain violations; increasing the inspection fee; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 590 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state board of agriculture shall:

      (a) Enforce the standards relating to the quality of fuel established pursuant to NRS 590.070.

      (b) Adopt regulations specifying a schedule of fines that it may impose, upon notice and hearing, for each violation of the provisions of NRS 590.070. The maximum fine that may be imposed by the board for each violation must not exceed $5,000 per day. All fines collected by the board pursuant to the regulations adopted pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The state board of agriculture may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation.


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

ê1989 Statutes of Nevada, Page 1950 (Chapter 806, AB 860)ê

 

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the board suspects may have violated any provision of NRS 590.070.

      Sec. 2.  NRS 590.010 is hereby amended to read as follows:

      590.010  NRS 590.010 to 590.150, inclusive, [shall] and section 1 of this act, may be known and cited as the Nevada Petroleum Products Inspection Act.

      Sec. 3.  NRS 590.070 is hereby amended to read as follows:

      590.070  1.  The state board of agriculture shall, by regulation, adopt such portions of the most current standard specifications for fuel used in internal combustion engines established by the American Society for Testing and Materials as it deems appropriate to protect the residents of Nevada. The board shall also review all changes made to those specifications by the American Society for Testing and Materials and provide for the inclusion of those changes in its regulations if it finds that those changes are appropriate for Nevada.

      2.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, [or] assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless [the same shall conform to the following specifications:

      (a) It shall be free from water and suspended matter.

      (b) A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for 3 hours, at 122° F., the test being conducted in accordance with the testing procedures approved by the state sealer of weights and measures.

      (c) It shall distill, within the following limits, when tested in accordance with the testing procedures approved by the state sealer of weights and measures, using the low distillation thermometer:

             (1) When the thermometer reads 167° F., not less than 10 percent shall be evaporated.

             (2) When the thermometer reads 284° F., not less than 50 percent shall be evaporated.

             (3) When the thermometer reads 392° F., not less than 90 percent shall be evaporated.

             (4) The end point shall not be higher than 437° F.

             (5) At least 95 percent shall be recovered as distillate in the receiver from the distillation.

             (6) The distillation residue shall not exceed 2 percent.

      (d) The sulfur content shall not exceed 0.25 percent.

      2.] it conforms with the regulations adopted by the state board of agriculture pursuant to subsection 1.

      3.  This section does not apply to aviation fuel.

      [3.  The state sealer of weights and measures may adopt regulations establishing emergency specifications for automotive gasoline as recommended by the American Society for Testing and Materials.]

      4.  In addition to any criminal penalty that may be imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in section 1 of this act.


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

ê1989 Statutes of Nevada, Page 1951 (Chapter 806, AB 860)ê

 

      Sec. 4.  NRS 590.120 is hereby amended to read as follows:

      590.120  1.  Every person, or any officer, agent or employee thereof, shipping or transporting any gasoline or lubricating oil into this state for sale or consignment, or with intent to sell or consign the same, shall pay to the department of taxation with an inspection fee of [one-twentieth] 0.055 of a cent per gallon for every gallon of gasoline or lubricating oil so shipped or transported into the state, or that is held for sale within this state . [; but nothing] Nothing in this section [shall be construed to require] requires the payment of an inspection fee on any shipment or consignment of gasoline or lubricating oil when such inspection fee has already been paid.

      2.  Of each inspection fee paid to the department of taxation pursuant to this section, 0.005 of a cent per gallon must be transferred quarterly to an account in the state general fund for the state board of agriculture. The state board of agriculture shall use all money transferred pursuant to this subsection to pay the expenses incurred in enforcing the provisions of NRS 590.070.

      3.  On or before the 25th day of each calendar month, every person, or any officer, agent or employee thereof, required to pay the inspection fee mentioned in subsection 1 shall send to the department of taxation a correct report of the gasoline or oil volumes for the preceding month . [, and such report shall] The report must include a list of distributors or retailers distributing or selling the products [. Such report shall] and must be accompanied by the required fees . [herein required due the state on such gasoline and lubricating oil.

      3.] 4.  Failure to send [such] the report and remittance as specified in subsections 1 and [2 shall be] 3 is a violation of NRS 590.010 to 590.150, inclusive, punishable as provided in NRS 590.150.

      Sec. 5.  NRS 590.130 is hereby amended to read as follows:

      590.130  [All] Except as otherwise provided in subsection 2 of NRS 590.120, all inspection fees received by the department of taxation [shall] must be deposited with the state treasurer for credit to the state general fund, and all expenses incurred in carrying out the provisions of NRS 590.010 to 590.150, inclusive, [shall] must be paid out of funds provided by direct legislative appropriation.

      Sec. 6.  NRS 590.150 is hereby amended to read as follows:

      590.150  1.  Any person, or any officer, agent or employee thereof, who violates any of the provisions of NRS 590.010 to 590.065, inclusive, or 590.073 to 590.140, inclusive, and section 1 of this act is guilty of a misdemeanor.

      2.  Each such person, or any officer, agent or employee thereof, shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of NRS 590.010 to 590.140, inclusive, and section 1 of this act is committed, continued or permitted by such person, or any officer, agent or employee thereof, and shall be punishable as provided in this section.

      3.  The selling and delivery of any petroleum product mentioned in NRS 590.010 to 590.140, inclusive, [shall be] and section 1 of this act is prima facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.


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

ê1989 Statutes of Nevada, Page 1952 (Chapter 806, AB 860)ê

 

facie evidence of the representation on the part of the vendor that the quality sold and delivered was the quality bought by the vendee.

 

________

 

 

CHAPTER 807, AB 901

Assembly Bill No. 901–Assemblymen Humke, Jeffrey, Gaston, Thompson, Lambert and Bergevin

CHAPTER 807

AN ACT relating to children; authorizing the conditional sharing of certain confidential information; changing the name of the Nevada girls training center; making various changes concerning the administration of certain facilities for children; abolishing the requirement of a minimum age for treatment by the state of an emotionally disturbed child; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.357 is hereby amended to read as follows:

      232.357  The divisions of the department, in the performance of their official duties, may share information in their possession amongst themselves which is otherwise declared confidential by statute, if the confidentiality of the information is otherwise maintained under the terms and conditions required by law. The divisions of the department may share confidential information with agencies of local governments which are responsible for aiding the department in its official duties if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

      Sec. 2.  NRS 232.420 is hereby amended to read as follows:

      232.420  The youth services division in the department consists of an administrator and the following bureaus:

      1.  Nevada youth training center bureau.

      2.  [Nevada girls training] Caliente youth center bureau.

      3.  Northern Nevada children’s home bureau.

      4.  Southern Nevada children’s home bureau.

      5.  Bureau of services for child care.

      6.  Youth parole bureau.

      Sec. 3.  NRS 232.440 is hereby amended to read as follows:

      232.440  1.  The administrator shall appoint, with the approval of the director, a chief of each of the bureaus in the division. The chiefs are designated respectively as:

      (a) The superintendent of the Nevada youth training center;

      (b) The superintendent of the [Nevada girls training] Caliente youth center;

      (c) The superintendent of the northern Nevada children’s home;

      (d) The superintendent of the southern Nevada children’s home;

      (e) The chief of the bureau of services for child care; and

      (f) The chief of the youth parole bureau.


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

ê1989 Statutes of Nevada, Page 1953 (Chapter 807, AB 901)ê

 

      2.  The administrator is responsible for the administration, through the division, of the provisions of chapters 210 and 423 of NRS and NRS 232.400 to 232.460, inclusive, and all other provisions of law relating to the functions of the division but is not responsible for the professional activities of the components of the division except as specifically provided by law.

      Sec. 4.  NRS 232.450 is hereby amended to read as follows:

      232.450  1.  The [superintendents] superintendent of the Nevada youth training center [, the Nevada girls training center, the northern Nevada children’s home and the southern Nevada children’s home] and the superintendent of the Caliente youth center are in the unclassified service of the state unless federal law or regulation required otherwise.

      2.  The chief of the bureau of services for child care , the superintendent of the northern Nevada children’s home, the superintendent of the southern Nevada children’s home and the chief of the youth parole bureau are in the classified service of the state.

      Sec. 5.  NRS 62.211 is hereby amended to read as follows:

      62.211  1.  If the court finds that the child is within the purview of this chapter, except as otherwise provided in subsection 3, it shall so decree and may:

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

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

      (c) Commit the child to the custody of the youth services division of the department of human resources for suitable placement in a public or private institution or agency authorized to care for children, if the child is between the ages of 8 and 12, and but for the age of the child, the court would have committed the child to the [Nevada girls training] Caliente youth center or the Nevada youth training center.

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

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


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

ê1989 Statutes of Nevada, Page 1954 (Chapter 807, AB 901)ê

 

      (f) Place the child, when he is not in school, under the supervision of a public organization to work on public projects or a private nonprofit organization to perform public service. The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require.

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

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

      (i) Impose a fine on the child.

      2.  If the court finds that the child is a serious or chronic offender, it may, in addition to the options set forth in subsection 1:

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

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

      3.  If the court finds that the child is within the purview of paragraph (a) of subsection 1 of NRS 62.040 and has not previously been the subject of a complaint under NRS 62.128 before committing the acts for which the petition was filed, the court shall:

      (a) Admonish the child to obey the law and to refrain from repeating the acts for which the petition was filed, and maintain a record of the admonition; and

      (b) Refer the child, without adjudication, to services available in the community for counseling, behavioral modification and social adjustment.

A child must not be adjudicated to be a child in need of supervision unless a subsequent petition based upon additional facts is filed with the court after admonition and referral pursuant to this subsection.

      4.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

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

      Sec. 6.  NRS 62.321 is hereby amended to read as follows:

      62.321  1.  Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child while in such custody, when approved by order of the court, is a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent must be paid by the state from money budgeted for by and appropriated to the [Nevada girls training] Caliente youth center bureau of the youth services division of the department of human resources.


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

ê1989 Statutes of Nevada, Page 1955 (Chapter 807, AB 901)ê

 

A commitment must not be made to such a private institution until the court has ascertained from the superintendent of the institution that sufficient money is available for such compensation. This subsection does not prohibit the payment of compensation by the [Nevada girls training] Caliente youth center bureau from money appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.

      2.  Notwithstanding any provision made by law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent pay, in such a manner as the court may direct and within the parent’s ability to pay, a sum of money to cover in whole or in part the support of the child. If the parent willfully fails or refuses to pay the sum, the court may proceed against him for contempt of court.

      3.  Whenever the court orders the parent or parents of a child to pay for the support of a child, as provided in this section, the money must be paid to the superintendent or fiscal officer of the institution to which the child is committed.

      Sec. 7.  NRS 62.325 is hereby amended to read as follows:

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

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

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

      4.  As used in this section:

      (a) “Division” means the youth services division of the department of human resources.

      (b) “Regional facility for children” includes:

             (1) The institution in Douglas County known as China Springs Youth Camp.

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

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

      Sec. 8.  NRS 202.010 is hereby amended to read as follows:

      202.010  1.  Except as otherwise provided in subsections 2 and 3, it [shall be] is unlawful for any person or persons, firm, association, corporation or managing agent of any person, firm, association or corporation to sell, give away [,] or offer to sell cigarettes, cigarette paper or any tobacco of any description to any person under the age of 18 years.

      2.  Upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, cigarettes, cigarette paper [,] or tobacco of any description.


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

ê1989 Statutes of Nevada, Page 1956 (Chapter 807, AB 901)ê

 

parent, cigarettes, cigarette paper [,] or tobacco of any description. The written request [shall] must be kept on file by the seller or giver of the article so sold or given away.

      3.  The superintendent of the Nevada youth training center and the superintendent of the [Nevada girls training] Caliente youth center may sell or supply cigarettes, cigarette paper, tobacco or tobacco products to any minor 16 years of age or older confined in any institution under his supervision, if the guardian or parent of such minor consents thereto.

      4.  Any person violating any provision of this section shall be punished by a fine of not more than $500.

      5.  If any dealer in cigarettes, cigars and tobacco [shall be] is convicted twice for the commission of the offense described in subsection 1, he [shall forfeit] forfeits his license or licenses for carrying on his business, and no license [shall] may be again granted to him for a like business in this state.

      Sec. 9.  NRS 209.301 is hereby amended to read as follows:

      209.301  The department may, with the consent of the superintendent of the Nevada youth training center or the superintendent of the [Nevada girls training] Caliente youth center, transfer to the Nevada youth training center or the [Nevada girls training] Caliente youth center any minor persons who are confined in an institution or facility of the department.

      Sec. 10.  NRS 210.400 is hereby amended to read as follows:

      210.400  As used in NRS 210.400 to 210.715, inclusive:

      1.  “Administrator” means the administrator of the youth services division in the department of human resources.

      2.  “Director” means the director of the department of human resources.

      3.  “School” means the [Nevada girls training] Caliente youth center.

      4.  “Superintendent” means the superintendent of the school.

      5.  “Youth parole bureau” means the youth parole bureau of the youth services division in the department of human resources.

      Sec. 11.  NRS 210.520 is hereby amended to read as follows:

      210.520  1.  The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable to programs of study given in the elementary and high schools of the state.

      2.  The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study.

      3.  If deemed practicable, and with the concurrence of the board of trustees of the Lincoln County school district, inmates of the school may be enrolled for instruction in the county school district system, and the superintendent of the [Nevada girls training] Caliente youth center or the county school district shall provide transportation for such inmates to the public schools.

      4.  The superintendent may also arrange for the employment of inmates upon ranches, farms, and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates’ time and productive capacity, but the inmates [shall] must not be compelled to accept such private employment against their desires. For the purposes of this section, the amounts to be paid to the inmates and working conditions under which they shall be employed [shall] must be determined by the superintendent and the employer, and any amounts paid [shall,] must, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.560.


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

ê1989 Statutes of Nevada, Page 1957 (Chapter 807, AB 901)ê

 

must be determined by the superintendent and the employer, and any amounts paid [shall,] must, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.560.

      5.  The ultimate purpose of all such instruction, training, employment and industry [shall be] is to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the school.

      Sec. 12.  NRS 210.550 is hereby amended to read as follows:

      210.550  Gifts of money which the school is authorized to accept must be deposited in the state treasury for credit to the [girls training] Caliente youth center’s gift account in the department of human resources’ gift fund. The money in the account must be used for school purposes only, and expended in accordance with the terms of the gift. All claims must be approved by the superintendent before they are paid.

      Sec. 13.  NRS 210.560 is hereby amended to read as follows:

      210.560  1.  The superintendent may accept money and other valuables of inmates for safekeeping pending their discharges, and shall deposit any such money in a trust fund which he shall establish in a bank or in a savings and loan association qualified to receive deposits of public money. The superintendent shall keep a full account of any such money and valuables, and shall submit reports to the administrator relative to them as may be required from time to time.

      2.  The superintendent may transfer the amount of any uncashed check issued by the school to an inmate to the [girls training] Caliente youth center’s gift account after 1 year from the date the check was issued. Each check so issued must be stamped “void after 1 year from date of issue.”

      Sec. 14.  NRS 210.740 is hereby amended to read as follows:

      210.740  The chief of the youth parole bureau shall:

      1.  Supervise all persons released on parole from the Nevada youth training center and the [Nevada girls training] Caliente youth center, and all persons released by other states for juvenile parole in Nevada pursuant to interstate compact.

      2.  Furnish to each person so paroled a written statement of the conditions of the parole and instructions regarding those conditions.

      3.  Keep himself informed concerning the conduct and condition of all persons under his supervision.

      4.  Coordinate his functions with those of the superintendents of the Nevada youth training center and the [Nevada girls training] Caliente youth center.

      Sec. 15.  NRS 210.750 is hereby amended to read as follows:

      210.750  1.  Each person who is paroled from the Nevada youth training center or the [Nevada girls training] Caliente youth center must be placed in a reputable home and in either an educational or work program or both. The chief of the youth parole bureau may pay the expenses incurred in providing alternative placements for residential programs and for structured nonresidential programs from money appropriated to the bureau for that purpose.

      2.  The chief may accept money of parolees for safekeeping pending their discharges from parole. The chief must deposit the money in federally insured accounts in banks or savings and loan associations.


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

ê1989 Statutes of Nevada, Page 1958 (Chapter 807, AB 901)ê

 

insured accounts in banks or savings and loan associations. He shall keep or cause to be kept a fair and full account of the money, and shall submit such reports concerning the accounts to the administrator or the youth services division of the department of human resources as the administrator may require.

      3.  When any person so paroled has proven his ability to make an acceptable adjustment outside the center or, in the opinion of the chief, is no longer amenable to treatment as a juvenile, the chief shall apply to the committing court for a dismissal of all proceedings and accusations pending against the person.

      4.  Before the chief recommends that the committing court revoke a person’s parole, he shall ascertain from the superintendent of the appropriate center whether adequate facilities remain available at the center to provide the necessary care for the person. If the superintendent advises that there are not such facilities available, there is not enough money available for support of the person at the center, or that the person is not suitable for admission to the center, the chief shall report that fact to the court and recommend a suitable alternative.

      Sec. 16.  NRS 277.065 is hereby amended to read as follows:

      277.065  1.  Within the limits of legislative appropriations, the department of education, the county school districts of the various counties of the state, the Nevada youth training center bureau and the [Nevada girls training] Caliente youth center bureau of the youth services division of the department of human resources may enter into cooperative arrangements for [the purpose of] improving the quality of the academic and occupational education provided at the Nevada youth training center and [Nevada girls training] Caliente youth center.

      2.  This authorization includes the right to pay over money appropriated to the Nevada youth training center or [Nevada girls training] Caliente youth center to the department of education or to a county school district when necessary to accomplish the purpose of this section.

      Sec. 17.  NRS 281.210 is hereby amended to read as follows:

      281.210  1.  Except as otherwise provided in this section, it is unlawful for any [individual] person acting as a school trustee, state, township, municipal or county [official,] officer, or as an employing authority of the University of Nevada, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the University of Nevada, any relative of such [individual] a person or of any member of such a board, agency or commission, within the third degree of consanguinity or affinity.

      2.  This section does not apply:

      (a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and [shall receive] receives a unanimous vote of all members of the board of trustees and approval by the state department of education.


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

ê1989 Statutes of Nevada, Page 1959 (Chapter 807, AB 901)ê

 

      (b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more [prior to] before April 1, 1957.

      (c) To the [wife] spouse of the warden of an institution or manager of a facility of the department of prisons.

      (d) To the [wife] spouse of the superintendent of the [Nevada girls training] Caliente youth center.

      (e) To relatives of blind officers and employees of the bureau of services to the blind of the rehabilitation division of the department of human resources when such relatives are employed as automobile drivers for such officers and employees.

      3.  Nothing in this section:

      (a) Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service [shall be] is met out of the personal funds of [such] the officer.

      (b) Disqualifies any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.

      4.  A person employed contrary to the provisions of this section [shall] must not be compensated for such employment.

      5.  Any person violating any provisions of this section is guilty of a gross misdemeanor.

      Sec. 18.  NRS 334.010 is hereby amended to read as follows:

      334.010  1.  No automobile may be purchased by any department, office, bureau, officer or employee of the state without prior written consent of the state board of examiners.

      2.  All such automobiles may be used for official purposes only.

      3.  All such automobiles, except:

      (a) Automobiles maintained for and used by the governor;

      (b) Automobiles used by or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and public safety and investigators of the state gaming control board and the attorney general;

      (c) One automobile used by the department of prisons;

      (d) Two automobiles used by the [Nevada girls training] Caliente youth center;

      (e) Three automobiles used by the Nevada youth training center; and

      (f) Four automobiles used by the youth parole bureau of the youth services division of the department of human resources,

must be labeled by painting the words “State of Nevada” and “For Official Use Only” thereon in plain lettering. The director of the department of general services or his representative shall prescribe the size and location of the label for all such automobiles.

      4.  Any officer or employee of the State of Nevada who violates any provision of this section is guilty of a misdemeanor.


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

ê1989 Statutes of Nevada, Page 1960 (Chapter 807, AB 901)ê

 

      Sec. 19.  NRS 389.020 is hereby amended to read as follows:

      389.020  1.  In all public schools, the [Nevada girls training center,] Caliente youth center and the Nevada youth training center, instruction must be given in American government, including but not limited to the essentials of the Constitution of the United States, the constitution of the State of Nevada, the origin and history of the constitutions and the study of and devotion to American institutions and ideals.

      2.  The instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.

      Sec. 20.  NRS 389.035 is hereby amended to read as follows:

      389.035  No pupil in any public high school, the [Nevada girls training] Caliente youth center or the Nevada youth training center may receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.

      Sec. 21.  NRS 391.090 is hereby amended to read as follows:

      391.090  1.  Any person who is:

      (a) Granted a license to teach or perform other educational functions in the public schools of Nevada, in the school conducted at the Nevada youth training center or the [Nevada girls training] Caliente youth center or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the department of prisons; or

      (b) Charged with the duty at the Nevada youth training center or the [Nevada girls training] Caliente youth center of giving instruction in the Constitution of the United States and the constitution of the State of Nevada, must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.

      2.  The commission may grant a reasonable time for compliance with the terms of this section.

      Sec. 22.  NRS 433A.500 is hereby amended to read as follows:

      433A.500  1.  An emotionally disturbed child is any child who has [attained the age of 2 years but has] not attained the age of 18 years, whose progressive development of personality is interfered with or arrested by mental disorder so that he shows impairment in the capacity expected of him for his age and endowment for:

      (a) A reasonably accurate perception of the world around him;

      (b) Control of his impulses;

      (c) Satisfying and satisfactory relationships with others;

      (d) Learning; or

      (e) Any combination of these factors.

      2.  The treatment provided an emotionally disturbed child must be designed to facilitate the adjustment and effective functioning of that child in his present or anticipated situation in life, and includes:

      (a) Services provided without admission to a facility, such as:

             (1) Counseling for the family;

             (2) Therapy in a group for parents, adolescents and children;


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

ê1989 Statutes of Nevada, Page 1961 (Chapter 807, AB 901)ê

 

             (3) Classes for parents in effective techniques for the management of children;

             (4) Individual therapy for children; and

             (5) Evaluation of the child, including personal assessments and studies of individual social environments;

      (b) Services for the care of children during the day, involving educational programs and therapy programs provided after school or for half a day;

      (c) In cooperation with the welfare division of the department, placement in transitional homes operated by professionally trained parents working in close consultation with the administrative officer and his staff; and

      (d) Short-term residential services providing 24-hour supervision, evaluation and planning and intensive counseling for the family, therapy and educational evaluation and consultation.

      Sec. 23.  NRS 444.330 is hereby amended to read as follows:

      444.330  1.  The health division has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:

      (a) Institutions and facilities of the department of prisons.

      (b) Nevada mental health institute.

      (c) Nevada youth training center.

      (d) [Nevada girls training] Caliente youth center.

      (e) Northern Nevada children’s home.

      (f) Southern Nevada children’s home.

      (g) University of Nevada System.

      2.  The state board of health may adopt regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and, as it pertains to the foregoing matters, the safety of such institutions.

      3.  The state health officer or his authorized agent shall inspect such institutions at least once each calendar year and whenever he deems an inspection necessary to carry out the provisions of this section.

      4.  The state health officer may publish reports of such inspections.

      5.  All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate such institutions in conformity with the regulations adopted by the state board of health pursuant to subsection 2.

      6.  The state health officer or his authorized agent may, in carrying out the provisions of this section, enter upon any part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of such places and to determine whether the provisions of this section and the regulations of the state board of health pertaining thereto are being violated.

      Sec. 24.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.


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

ê1989 Statutes of Nevada, Page 1962 (Chapter 807, AB 901)ê

 

      2.  License plates furnished for:

      (a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors’ board and auditors, the state fire marshal, the investigation division of the department and any authorized federal or out-of-state law enforcement agency;

      (b) One automobile used by the department of prisons, three automobiles used by the department of wildlife, two automobiles used by the [Nevada girls training center,] Caliente youth center and four automobiles used by the Nevada youth training center;

      (c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

      (d) Automobiles maintained for and used by investigators of the following:

             (1) The state gaming control board;

             (2) The division of brand inspection of the state department of agriculture;

             (3) The attorney general;

             (4) City or county juvenile officers;

             (5) District attorneys’ offices;

             (6) Public administrators’ offices;

             (7) Public guardians’ offices;

             (8) Sheriffs’ offices; and

             (9) Police departments in the state,

must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

      3.  The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.

      5.  For the purposes of this section, “exempt vehicle” means a vehicle exempt from the privilege tax, except one owned by the United States.

      6.  The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.


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

ê1989 Statutes of Nevada, Page 1963 (Chapter 807, AB 901)ê

 

violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 25.  NRS 502.077 is hereby amended to read as follows:

      502.077  1.  The department shall issue special fishing permits to the administrative head of:

      (a) The Nevada mental health institute;

      (b) The Las Vegas mental health center;

      (c) The Northern Nevada children’s home;

      (d) The Southern Nevada children’s home;

      (e) The Nevada youth training center;

      (f) The [Nevada girls training] Caliente youth center;

      (g) The Spring Mountain Youth Camp;

      (h) The China Springs Youth Camp;

      (i) Any facility which provides temporary foster care for children who are not delinquent; and

      [(i)] (j) Such other public or charitable institutions or organizations as are designated by regulations adopted by the commission,

for use only by the members, patients or children of such institutions or organizations.

      2.  The permits:

      (a) Must be in the possession of the officer or employee who is supervising a member, patient or child while he is fishing.

      (b) Authorize a member, patient or child to fish in a legal manner if in the company of an officer or employee of one of the institutions listed in this section, or of an organization provided for by regulation, if the officer or employee has a valid Nevada fishing license.

      (c) Must be issued pursuant and subject to regulations prescribed by the commission.

      (d) Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit.

      (e) May authorize no more than 15 members, patients or children, respectively, to fish.

      3.  Each institution or organization shall pay to the department an annual fee of $15 for each permit issued to the institution or organization pursuant to this section. The department shall not issue more than two permits per year to each institution or organization.

      4.  It is unlawful for any person other than a member, patient or child in one of these organizations or institutions to fish with a permit issued by the department pursuant to this section.

      Sec. 26.  NRS 644.460 is hereby amended to read as follows:

      644.460  1.  The following persons are exempt from the provisions of this chapter:

      (a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.

      (b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to those services.

      (c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices:


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

ê1989 Statutes of Nevada, Page 1964 (Chapter 807, AB 901)ê

 

             (1) Cleansing or singeing the hair of any person.

             (2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      2.  Any school of cosmetology conducted as part of the vocational rehabilitation training program of the department of prisons or the [Nevada girls training] Caliente youth center:

      (a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.

      (b) Notwithstanding the provisions of NRS 644.395, shall maintain a staff of at least one licensed instructor.

      Sec. 27.  On October 1, 1989, the state controller shall transfer any money in the girls training center’s gift account in the department of human resources’ gift fund, which has not been committed for expenditure before October 1, 1989, to the Caliente youth center’s gift account in the department of human resources’ gift fund.

      Sec. 28.  Section 5 of this act becomes effective at 12:02 a.m. on October 1, 1989.

      Sec. 29.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is adopted or amended by another act, change any reference to the Nevada girls training center to refer to the Caliente youth center.

 

________

 

 

CHAPTER 808, AB 904

Assembly Bill No. 904–Assemblymen Evans, Wisdom, Chowning, Myrna Williams, Jeffrey, DuBois, Lambert, Sheerin, Sedway and Dini

CHAPTER 808

AN ACT making an appropriation to the interim finance committee for equipment and services to accomplish reapportionment and redistricting; and providing other matters properly relating thereto.

 

[Approved July 5, 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 interim finance committee the sum of $450,000 for computer equipment, computer software, consulting services, training of personnel and any other materials or services necessary to accomplish redistricting and reapportionment. All contracts for materials or services to be paid for out of the appropriation must be approved by the interim finance committee.

      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.


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

ê1989 Statutes of Nevada, Page 1965 (Chapter 808, AB 904)ê

 

      Sec. 3.  This act becomes effective July 1, 1989.

 

________

 

 

CHAPTER 809, AB 905

Assembly Bill No. 905–Committee on Government Affairs

CHAPTER 809

AN ACT relating to public works; clarifying that the construction of facilities for the University of Nevada System, jails and prisons are public works; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.010 is hereby amended to read as follows:

      338.010  As used in this chapter:

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

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

      3.  “Public work” means any project for the new construction, repair or reconstruction [of public buildings, public highways, public roads, public streets and alleys, public utilities paid for in whole or in part by public funds, publicly owned water mains and sewers, public parks and playgrounds, and all] of:

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

             (1) Public buildings;

             (2) Jails and prisons;

             (3) Public roads;

             (4) Public highways;

             (5) Public streets and alleys;

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

             (7) Publicly owned water mains and sewers;

             (8) Public parks and playgrounds; and

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

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

      4.  “Wages” means:

      (a) The basic hourly rate of pay; and


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

ê1989 Statutes of Nevada, Page 1966 (Chapter 809, AB 905)ê

 

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

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

 

________

 

 

CHAPTER 810, AB 921

Assembly Bill No. 921–Committee on Ways and Means

CHAPTER 810

AN ACT relating to state legislators; standardizes provisions governing state’s group insurance program by increasing the time before a legislator becomes eligible for participation in the program; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in subsections 2 and 4, every officer or employee of the state is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      2.  Professional employees of the University of Nevada System who have annual employment contracts are eligible to participate in the program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

      (b) The first day of the month following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

      3.  Every officer or employee who is employed by a participating public agency on a permanent and full-time basis on the date the agency enters into an agreement to participate in the state’s group insurance program, and every officer or employee who commences his employment after that date is eligible to participate in the program on the first day of the month following the completion of 90 days of full-time employment.

      4.  Every senator and assemblyman is eligible to participate in the program [at any time] on the first day of the month following the 90th day after his initial term of office begins.

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

 

________


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

ê1989 Statutes of Nevada, Page 1967ê

 

CHAPTER 811, AB 949

Assembly Bill No. 949–Assemblymen Callister and Jeffrey

CHAPTER 811

AN ACT relating to the legislature; authorizing the imposition of a fine against a person who fails or refuses to comply with a legislative subpena; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.5337 is hereby amended to read as follows:

      218.5337  1.  If the house finds by resolution that the recusant witness has in fact committed a contempt [and should be imprisoned, a warrant shall issue.

      2.  The warrant shall] :

      (a) The witness may be required to pay a fine of not less than $100 nor more than $1,000, as fixed by the resolution, for each day he remains in contempt.

      (b) A warrant for the arrest of the witness must be issued if the house finds that the witness should be imprisoned.

      2.  A warrant issued pursuant to subsection 1 must be signed by the presiding officer, be directed to the sergeant at arms of the house or any peace officer, and order him to arrest the contemner and deliver him to the sheriff of Carson City or a designated county for imprisonment in the jail.

      3.  A copy of the warrant [shall] must be delivered with the contemner, and [shall further] must fix the time of his imprisonment as:

      (a) The remaining duration of the legislative session; or

      (b) A specified time, unless the legislature sooner adjourns.

The warrant may provide for the release of the contemner before the expiration of his period of imprisonment if he testifies or produces evidence as originally required.

 

________

 

 

CHAPTER 812, AB 954

Assembly Bill No. 954–Committee on Government Affairs

CHAPTER 812

AN ACT relating to statutes; making technical corrections to measures previously approved by the 65th session of the legislature; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 191, Statutes of Nevada 1989, is hereby amended to read as follows:

       Sec. 2.  NRS 630.164 is hereby amended to read as follows:


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

ê1989 Statutes of Nevada, Page 1968 (Chapter 812, AB 954)ê

 

       630.164  1.  [The] A board of county commissioners [of a county whose population is less than 18,000] may petition the board of medical examiners to waive the requirements of paragraph (d) of subsection 2 of NRS 630.160 for any applicant intending to practice medicine in a medically underserved area of that county [.] as that term is defined by the officer of rural health of the University of Nevada School of Medicine. The board of medical examiners may waive that requirement and issue a license if the applicant:

       (a) Is a graduate of a medical school in the United States or Canada approved by the Liaison Committee for Medical Education of the American Medical Association or the Committee for Accreditation of Canadian Medical Schools of the Canadian Medical Association, respectively;

       (b) Has completed at least 1 year of training as a resident in the United States or Canada in a program approved by the Accreditation Council for Graduate Medical Education of the American Medical Association or the Coordinating Council of Medical Education of the Canadian Medical Association, respectively; [and]

       (c) Has a minimum of 5 years of practical medical experience as a licensed allopathic physician in the United States or Canada; and

       (d) Meets all other conditions and requirements for a license to practice medicine.

       2.  Any person licensed pursuant to subsection 1 must be issued a license to practice medicine in this state restricted to practice in the medically underserved area of the county which petitioned for the waiver only. He [shall] may apply to the board of medical examiners for renewal of that [waiver] restricted license every 2 years after he is licensed.

       3.  Any person holding a restricted license pursuant to subsection 1 who completes 3 years of such practice may apply to the board for an unrestricted license. In considering an application for an unrestricted license pursuant to this subsection, the board shall require the applicant to meet all statutory requirements for licensure in effect at the time of application except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

      Sec. 2.  Section 2 of chapter 204, Statutes of Nevada 1989, is hereby amended to read as follows:

       Sec. 2.  NRS 177.385 is hereby amended to read as follows:

       177.385  [A final judgment entered on an application for post-conviction relief may be reviewed by the supreme court of this state on appeal, brought either by the petitioner or by the state as provided by law.]

       1.  An applicant who, after conviction or while no criminal action is pending against him, has petitioned the district court for post-conviction relief and whose application for relief is denied, may appeal to the supreme court from the order and judgment of the district court, but the appeal must be made within 30 days after the date of service of notice of the entry of the order or judgment.


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

ê1989 Statutes of Nevada, Page 1969 (Chapter 812, AB 954)ê

 

       2.  The State of Nevada is an interested party in proceedings for post-conviction relief. If the district court grants post-conviction relief and orders the discharge or a change in custody of the petitioner, then the state, through the district attorney or the attorney general, or both, may appeal to the supreme court from the order of the district court within 30 days after the service by the court of the notice of entry of the order.

       3.  Whenever an appeal is taken from an order of the district court discharging a petitioner or committing him to the custody of another person after granting a petition for post-conviction relief, the clerk of the district court shall forthwith certify and transmit to the supreme court, as the record on appeal, the original papers on which the petition was heard in the district court and, if either the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in any civil matter.

      Sec. 3.  Section 1 of chapter 372, Statutes of Nevada 1989, is hereby amended to read as follows:

       Section 1.  NRS 496.090 is hereby amended to read as follows:

       496.090  1.  In operating an airport or air navigation facility or any other facilities appertaining to the airport owned, leased or controlled by a municipality, the municipality may, except as limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 496.180, enter into:

       (a) Contracts, leases and other arrangements with any persons:

             (1) Granting the privilege of using or improving the airport or air navigation facility, or any portion or facility thereof, or space therein, for commercial purposes. The municipality may, if it determines that an improvement benefits the municipality, reimburse the person granted the privilege for all or any portion of the cost of making the improvement.

             (2) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility or other facilities.

             (3) Making available services to be furnished by the municipality or its agents or by other persons at the airport or air navigation facility or other facilities.

             (4) Providing for the maintenance of the airport or air navigation facility, or any portion or facility thereof, or space therein.

             (5) Allowing residential occupancy of property acquired by the municipality.

       (b) Contracts for the sale of revenue bonds or other securities whose issuance is authorized by the Local Government Securities Law or NRS 496.150 or 496.155, for delivery within 10 years after the date of the contract.

       2.  In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.


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

ê1989 Statutes of Nevada, Page 1970 (Chapter 812, AB 954)ê

 

service and must be established with due regard to the property and improvements used and the expenses of operation to the municipality.

       3.  As an alternative to the procedure provided in subsection 2 of NRS 496.080, to the extent of its applicability, the governing body of any municipality may authorize it to enter into any such contracts, leases and other arrangements with any persons, as provided in this section, for a period not exceeding 40 years, upon such terms and conditions as the governing body deems proper.

       4.  Before entering into any such contract, lease or other arrangements, the municipality shall publish notice of its intention in general terms in some paper of general circulation within the municipality at least once a week for 21 days or three times during a period of 10 days. If there is not a paper of general circulation within the municipality, the municipality shall post a notice of its intention in a public place at least once a week for 30 days. The notice must specify that a regular meeting of the governing body is to be held , [after completion of such publication,] at which meeting any interested person may appear. No such contract, lease or other arrangement may be entered into by the municipality until after [the publication and meeting] notice has been given and a meeting held as provided in this subsection.

       5.  Any member of a municipality’s governing body may vote on any such contract, lease or other arrangement notwithstanding the fact that the term of the contract, lease or other arrangement may extend beyond his term of office.

      Sec. 4.  Section 2 of Senate Bill No. 225 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 244.335 is hereby amended to read as follows:

       244.335  1.  Except as otherwise provided in subsection 2, the board of county commissioners may:

       (a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

       (b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

       2.  The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.

       3.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

       (a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

       (b) Another regulatory agency of the state has issued or will issue a license required for this activity.


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

ê1989 Statutes of Nevada, Page 1971 (Chapter 812, AB 954)ê

 

       4.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the following manner:

       (a) By recording in the office of the county recorder, within 90 days following the date on which the tax became delinquent, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

       (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

       5.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. [All] Except as otherwise provided in section 1 of this act, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.

      Sec. 5.  Sections 25, 28, 29 and 31 of Senate Bill No. 389 of this session are hereby amended to read respectively as follows:

       Sec. 25.  NRS 78.090 is hereby amended to read as follows:

       78.090  1.  [Every] Except during any period of vacancy described in NRS 78.097, every corporation shall have a resident agent, who may be either a natural person or a corporation, resident or located in this state.

       2.  [Every resident agent shall, within 10 days after acceptance of an initial appointment as such, file a certificate thereof in the office of the secretary of state, and a copy of that certificate in the office of the county clerk of the county in which the principal office of the corporation in this state is located.

       3.] The resident agent may be any bank or banking corporation, or other corporation, located and doing business in this state, and [any such] the bank or corporation acting as resident agent may:


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

ê1989 Statutes of Nevada, Page 1972 (Chapter 812, AB 954)ê

 

       (a) Act as the fiscal or transfer agent of any state, municipality, body politic [,] or corporation and in that capacity may receive and disburse money.

       (b) Transfer, register and countersign certificates of stock, bonds or other evidences of indebtedness and act as agent of any corporation, foreign or domestic, for any purpose required by statute, or otherwise.

       (c) Act as trustee under any mortgage or bond issued by any municipality, body politic [,] or corporation , and accept and execute any other municipal or corporate trust not inconsistent with the laws of this state.

       (d) Receive and manage any sinking fund of any corporation, upon such terms as may be agreed upon between the corporation and those dealing with it.

       [4.] 3.  Every corporation organized [under] pursuant to this chapter that fails or refuses to comply with the requirements of this section [, for a period of 30 days,] is subject to a fine of not less than $100 nor more than $500, to be recovered with costs by the state, before any court of competent jurisdiction, by action at law [to be] prosecuted by the attorney general or by the district attorney of the county in which the action or proceeding to recover the fine is prosecuted.

       [5.] 4.  All legal process and any demand or notice authorized by law to be served upon a corporation may be served upon the resident agent of the corporation in the manner provided in subsection 2 of NRS 14.020. If any demand, notice or legal process, other than a summons and complaint, cannot be served upon the resident agent, it may be served in the manner provided in NRS 14.030. These manners and modes of service are in addition to any other service authorized by law.

       Sec. 28.  NRS 78.160 is hereby amended to read as follows:

       78.160  Each corporation organized [under] pursuant to the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:

       1.  File a list of its officers and directors [,] and a designation of its resident agent . [, and a certificate of acceptance signed by the resident agent.] The address of the resident agent must be the same as that of the principal office.

       2.  Pay to the secretary of state a fee of $50.

       3.  File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.

       Sec. 29.  NRS 80.010 is hereby amended to read as follows:

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

       (a) In the office of the secretary of state of Nevada:

             (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created.


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

ê1989 Statutes of Nevada, Page 1973 (Chapter 812, AB 954)ê

 

related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached [thereto.] to the certificate.

       (2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in, or another corporation with its principal office located in this state. The certificate must set forth the name and complete address of the resident agent.

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

       (I) The name and address of its resident agent in this state, who must be a natural person residing in, or another corporation with its principal office located in this state; and

       (II) A] a general description of the purposes of the corporation.

       [(3)] (4) A copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized capital stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.

       (b) In the office of the county clerk of the county where the corporation has its principal office in Nevada, a copy of the certificate of corporate existence and the certificate of acceptance, certified by the secretary of state.

       2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to:

       (a) The name of any corporation formed or incorporated in this state;

       (b) The name of any other foreign corporation authorized to transact business within this state;

       (c) A name reserved for the use of any proposed corporation;

       (d) The name of any limited partnership formed in this state;

       (e) The name of any foreign limited partnership authorized to transact business in this state; or

       (f) A name reserved for the use of any proposed limited partnership, unless written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.

       Sec. 31.  NRS 80.130 is hereby amended to read as follows:

       80.130  Each foreign corporation coming into this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state:

       1.  File a list of its officers and directors and a designation of its resident agent . [, and a certificate of acceptance signed by the resident agent.] The address of the resident agent must be the same as that of the principal office.

       2.  Pay to the secretary of state a fee therefor of $50.


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

ê1989 Statutes of Nevada, Page 1974 (Chapter 812, AB 954)ê

 

      Sec. 6.  The title of chapter 199, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating to pupils; allowing a school flexibility in enforcing the prohibition against possession of a dangerous weapon by a pupil; expanding the prohibition against committing a battery upon an employee of a school or selling or distributing a controlled substance by a pupil; and providing other matters properly relating thereto.

      Sec. 7.  The title of chapter 285, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating to local improvements; authorizing the use of an internal service fund to advance money to a special improvement district; repealing an obsolete provision; and providing other matters properly relating thereto.

      Sec. 8.  The title of chapter 309, Statutes of Nevada 1989, is hereby amended to read as follows:

AN ACT relating to dangerous weapons; prohibiting a person from possessing or using a machine gun or a silencer unless permitted to do so pursuant to federal law; and providing other matters properly relating thereto.

      Sec. 9.  Section 2 of Senate Bill No. 345 of this session is hereby repealed.

      Sec. 10.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 813, AB 925

Assembly Bill No. 925–Committee on Legislative Functions

CHAPTER 813

AN ACT relating to the legislature; requiring a lobbyist to report certain expenditures for parties hosted by the organization he represents; authorizing the director of the legislative counsel bureau to release to the public the name of a lobbyist who fails to file a timely report of his activities; authorizing the director to revoke or suspend the registration of a lobbyist for certain violations; restricting the scope of the provision for a criminal penalty; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.926 is hereby amended to read as follows:

      218.926  1.  Each registrant shall file with the director within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning his lobbying activities. In addition, each registrant shall file with the director between the 1st and 10th day of the month after each month that the legislature is in session a report concerning his lobbying activities during the previous month. Each report must be on a form prescribed by the director and must include the total expenditures made by the registrant on behalf of a legislator, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant.


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

ê1989 Statutes of Nevada, Page 1975 (Chapter 813, AB 925)ê

 

behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant.

      2.  If his expenditures during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the legislative commission, in the following categories:

      (a) Entertainment;

      (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

      (c) Gifts and loans; and

      [(c)] (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

      Sec. 2.  NRS 218.934 is hereby amended to read as follows:

      218.934  The director may [prepare] :

      1.  Prepare and publish such reports concerning lobbying activities as he deems appropriate.

      2.  Release to the public the name of any lobbyist who fails to file any activity report within 14 days after the date it is required to be filed.

      3.  Revoke the registration of any lobbyist who fails to file any activity report within 30 days after the date it is required to be filed.

      Sec. 3.  NRS 218.936 is hereby amended to read as follows:

      218.936  1.  The director shall:

      [1.] (a) Make investigations on his own initiative with respect to any irregularities which he discovers in the statements and reports filed and with respect to the failure of any person to file a required statement or report and shall make an investigation upon the written complaint of any person alleging a violation of any provision of NRS 218.900 to 218.944, inclusive.

      [2.] (b) Report suspected violations of law to the:

      [(a)] (1) Legislative commission; and

      [(b)] (2) Attorney general , who shall investigate and take any action necessary to carry out the provisions of NRS 218.900 to 218.944, inclusive.

      2.  If an investigation by the director reveals a violation of any provision of NRS 218.900 to 218.944, inclusive, by a lobbyist, the director may suspend the lobbyist’s registration for a specified period or revoke his registration. The director shall cause notice of his action to be given to each person who employs or uses the lobbyist.

      3.  A lobbyist whose registration is suspended or revoked by the director may:

      (a) Request a hearing on the matter before the director;

      (b) Appeal to the legislative commission from any adverse decision of the director; and

      (c) If his registration is suspended, renew his registration if the legislature is still in session following the period of suspension.

      4.  A lobbyist whose registration is revoked may, with the consent of the director, renew his registration if he:

      (a) Files a registration statement in the form required by NRS 218.918;

      (b) Pays any fee for late filing owed pursuant to NRS 218.940, plus the fee for registration prescribed by the legislative commission; and


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

ê1989 Statutes of Nevada, Page 1976 (Chapter 813, AB 925)ê

 

      (c) If the revocation occurred because of his failure to file an activity report, files that report.

      Sec. 4.  NRS 218.940 is hereby amended to read as follows:

      218.940  1.  Any registrant who files an activity report after the time provided in NRS 218.926 shall pay to the director a fee for late filing of [$5] $10 for each day [of the first 30 days] that it was late , [ and $100 per day thereafter,] but the director may reduce or waive this fee upon a finding of just cause.

      2.  An activity report with respect to which a late filing fee has been paid by the registrant or waived by the director shall be deemed timely filed, and the late filing is not a public offense.

      Sec. 5.  NRS 218.942 is hereby amended to read as follows:

      218.942  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

      (a) To any member of the legislative branch in an effort to persuade or influence him in his official actions.

      (b) In a registration statement or report concerning lobbying activities filed with the director.

      2.  A lobbyist shall not give to a member of the legislative branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.

      3.  A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.

      4.  A person who employs or uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

      5.  [Information copied from registration forms and activity reports filed with the director or from lists compiled from such forms and reports must not be sold or used by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fund-raising affair or for any commercial purpose.] Except during the period permitted by NRS 218.918, a person shall not knowingly act as a lobbyist without being registered as required by that section.

      6.  Except as otherwise provided in subsection 7, a member of the legislative or executive branch of the state government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the state or the political subdivision for personally engaging in lobbying.

      7.  An elected officer or employee or a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

      8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.


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

ê1989 Statutes of Nevada, Page 1977 (Chapter 813, AB 925)ê

 

      Sec. 6.  NRS 218.944 is hereby amended to read as follows:

      218.944  Any person subject to any of the provisions contained in NRS [218.900 to 218.944, inclusive,] 218.942 who refuses or fails to comply therewith is guilty of a misdemeanor.

 

________

 

 

CHAPTER 814, AB 926

Assembly Bill No. 926–Assemblymen Humke, Marvel and Spinello

CHAPTER 814

AN ACT relating to peace officers’ standards and training; creating a reserve balance in the budget account for the peace officers’ standards and training committee; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated $50,000 from the special account in the state general fund created pursuant to paragraphs (c) of subsections 3 and 4 of NRS 176.059 to the budget account for the peace officers’ standards and training program. The appropriation must be used for the expenses of the peace officers’ standards and training committee in carrying out its statutory duties. Any amount in excess of $50,000 remaining in the budget account at the end of each fiscal year must revert to the state general fund. The balance must remain in the budget account to provide a sufficient cashflow at the beginning of each fiscal year to enable the committee to carry out its statutory duties.

      Sec. 2.  This act becomes effective on June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1978ê

 

CHAPTER 815, AB 762

Assembly Bill No. 762–Assemblymen Price, Callister, Sedway, Spinello, Porter, Nevin, DuBois, Bergevin, Thompson, Adler, Kissam, McGaughey, Lambert, Arberry, Freeman, Humke, Triggs, McGinness, Gibbons, Marvel, Carpenter, Chowning, Gaston, Fay, Regan, Kerns, Bogaert, Garner, Jeffrey, Brookman, Sader, Schofield, Myrna Williams, Wendell Williams, Wisdom, Dini, Evans and Sheerin

CHAPTER 815

AN ACT relating to health insurance; prohibiting an insurer who issues a policy of group or blanket health insurance from disclosing to the policyholder information concerning prescribed medications used by an insured person; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an insurer or any agent or employee of an insurer who delivers or issues for delivery a policy of group health or blanket health insurance in this state shall not disclose to the policyholder or any agent or employee of the policyholder:

      (a) The fact that an insured is taking a prescribed drug or medicine; or

      (b) The identity of that drug or medicine.

      2.  The provisions of subsection 1 do not prohibit disclosure to an administrator who acts as an intermediary for claims for insurance coverage.

 

________

 

 

CHAPTER 816, AB 488

Assembly Bill No. 488–Assemblymen Spriggs, McGinness and Dini

CHAPTER 816

AN ACT relating to pupils; revising provisions concerning the financial responsibility for a pupil who resides on an Indian reservation and attends school in a different school district; providing for the apportionment of money for such pupils based upon enrollment; and providing other matters properly relating thereto.

 

[Approved July 5, 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:

      1.  The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. For the purposes of apportionment of money, if such a pupil attends a school outside the county in which he resides, he must be counted as being enrolled in the district in which he attends school.


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

ê1989 Statutes of Nevada, Page 1979 (Chapter 816, AB 488)ê

 

the county in which he resides, he must be counted as being enrolled in the district in which he attends school.

      2.  A pupil who is allowed to attend a school outside the school district in which his residence is located pursuant to this section must remain in that school for the full school year.

      3.  The school district which pays the additional costs of transporting a pupil pursuant to this section to a school outside the school district in which his residence is located is entitled to be reimbursed for those costs. Such additional costs must be paid from the state distributive school account in the state general fund.

      4.  The provisions of this section do not apply to a pupil who resides on an Indian reservation pursuant to an order issued by a court of competent jurisdiction in another state adjudging the pupil to be delinquent and committing him to the custody of a public or private institution or agency in this state.

      Sec. 2.  NRS 392.010 is hereby amended to read as follows:

      392.010  Except as to the attendance of a pupil pursuant to section 1 of this act:

      1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  [The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. If such a pupil attends a school outside the county in which he resides, for the purposes of apportionment of money he shall be deemed to be enrolled in the district in which he resides. Payments for tuition and transportation must be made to the district in which he attends school in accordance with an agreement entered into pursuant to subsection 3, but if the boards of trustees of the districts involved are unable to agree concerning such payments, the superintendent of public instruction shall determine the terms of payment.

      3.] With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.


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

ê1989 Statutes of Nevada, Page 1980 (Chapter 816, AB 488)ê

 

      [4.] 3.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection [3,] 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

 

________

 

 

CHAPTER 817, AB 963

Assembly Bill No. 963–Committee on Ways and Means

CHAPTER 817

AN ACT relating to public offenses; revising the distribution of the money collected for administrative assessments; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  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 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.  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] fifth day of each month for the preceding month.


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

ê1989 Statutes of Nevada, Page 1981 (Chapter 817, AB 963)ê

 

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

      (a) 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.  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] fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) 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.  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.  Of the total amount deposited in the state general fund pursuant to subsections 3 and 4, the state controller shall distribute the money received to the following public agencies in the following amounts for each assessment received [:] up to the amounts authorized by the legislature:

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

             (1) One dollar and fifty cents for the administration of the courts.

             (2) [One dollar] Eighty cents for the development of a uniform system for judicial records.

             (3) [One dollar] Seventy cents 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, not 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 1982 (Chapter 817, AB 963)ê

 

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

      Sec. 2.  This act becomes effective on July 1, 1989.

 

________

 

 

CHAPTER 818, AB 965

Assembly Bill No. 965–Committee on Ways and Means

CHAPTER 818

AN ACT making an appropriation to the University of Nevada System for the acquisition and maintenance of data processing equipment, software and related costs; and providing other matters properly relating thereto.

 

[Approved July 5, 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 University of Nevada System the sum of $9,000,000 for:

      1.  The acquisition and maintenance of data processing equipment and software;

      2.  The implementation of related administrative programs; and

      3.  Costs related to instructional labs and equipment, intercampus computer links and an intracampus computer network.

      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 on June 30, 1989.

 

________

 

 

CHAPTER 819, AB 946

Assembly Bill No. 946–Committee on Judiciary

CHAPTER 819

AN ACT relating to probation; clarifying and limiting the consequences of an honorable discharge from probation; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      A convicted person who is granted an honorable discharge from probation, who has not previously been restored to his civil rights, and who is not convicted of any offense greater than a traffic violation within 6 months after the discharge, may apply to the department of parole and probation to request a restoration of his civil rights.


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

ê1989 Statutes of Nevada, Page 1983 (Chapter 819, AB 946)ê

 

a restoration of his civil rights. If the department determines after an investigation that the applicant meets the requirements of this section, it shall petition the court in which the applicant was convicted for an order granting the restoration. If the department refuses to submit such a petition, the applicant may, after notice to the department of parole and probation, directly petition the court for restoration of his civil rights.

      Sec. 2.  NRS 176.165 is hereby amended to read as follows:

      176.165  Except as otherwise provided in [NRS 176.225,] this section, a motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended . [; but to] To correct manifest injustice , the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.

      Sec. 3.  NRS 176.175 is hereby amended to read as follows:

      176.175  As used in NRS 176.175 to 176.245, inclusive, and section 1 of this act, unless the context otherwise requires:

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

      2.  “Court” means a district court of the State of Nevada.

      3.  “Parole and probation officer” means the chief parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of chapter 213 of NRS.

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

      Sec. 4.  NRS 176.225 is hereby amended to read as follows:

      176.225  1.  Every defendant who:

      (a) Has fulfilled the conditions of his probation for the entire period thereof;

      (b) Is recommended for earlier discharge by the [chief parole and probation officer;] department of parole and probation; or

      (c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,

may [at any time thereafter be permitted by] be granted an honorable discharge from probation by order of the court . [to withdraw his plea of guilty or nolo contendere and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court may set aside the verdict of guilty; and in either case, the court shall thereupon dismiss the indictment or information against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.

      2.  The probationer shall be informed of this privilege in his probation papers.

      3.  The probationer may make such application and change of plea in person or by attorney authorized in writing, or by a parole and probation officer authorized in writing; but in any subsequent prosecution of the defendant for any other offense, such prior conviction may be pleaded and proved and shall have the same effect as if probation had not been granted or the indictment or information had not been dismissed.


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

ê1989 Statutes of Nevada, Page 1984 (Chapter 819, AB 946)ê

 

      4.  The clerk of the court shall notify every person who, and every agency which, to his knowledge has obtained from the court or clerk knowledge of the conviction, that the probationer has been honorably discharged and is released as provided in subsection 1.

      5.] 2.  Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.

      3.  A person honorably discharged from probation is free from the terms and conditions of his probation and may apply to the court, in person or by attorney, pursuant to section 1 of this act, for the restoration of his civil rights. He must be informed of this privilege in his probation papers.

      4.  A person honorably discharged from probation who has had his civil rights restored by the court:

      (a) Is exempt from the requirements of NRS 207.090, but is not exempt from the requirements of NRS 207.152.

      (b) May vote, hold office or serve as a juror.

      (c) Shall disclose the conviction to a gaming establishment and the state, its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.

      (d) Except as otherwise provided in paragraph (c), need not disclose the conviction to an employer or prospective employer.

      5.  The prior conviction of a person whose civil rights have been restored or who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person who has had his civil rights restored or who has been honorably discharged from probation, the prior conviction may be pleaded and proved if otherwise admissible.

      Sec. 5.  NRS 176.245 is hereby amended to read as follows:

      176.245  Every defendant:

      1.  Whose probation has been revoked; or

      2.  Whose term of probation has expired, [whose] and:

      (a) Whose whereabouts are unknown [, and for whose arrest a warrant has been issued,] ;

      (b) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or

      (c) Who has otherwise failed to qualify for an honorable discharge as provided in NRS 176.225,

is not eligible for an honorable discharge and may be given a dishonorable discharge. A dishonorable discharge releases the probationer from any further obligation, except a civil liability arising on the date of discharge for any unpaid restitution, but does not entitle the probationer to any privilege conferred by NRS 176.225.

      Sec. 6.  NRS 176.235 is hereby repealed.

 

________


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

ê1989 Statutes of Nevada, Page 1985ê

 

CHAPTER 820, AB 835

Assembly Bill No. 835–Assemblymen Price, Brookman, Lambert, Myrna Williams, Regan, Diamond, Freeman, DuBois, Callister, Bogaert, Evans, Adler, Chowning, McGinness, Kissam, Swain, Marvel, Humke, Arberry, Wendell Williams, Triggs, Schofield, Garner, Wisdom, Bergevin, Spinello, Gaston, Carpenter, McGaughey, Thompson, Jeffrey and Gibbons

CHAPTER 820

AN ACT relating to the state legislature; requiring the legislative counsel bureau to conduct a study of newly enacted statutes to determine whether any such statute includes issues that affect women or treat the sexes differently; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The legislative counsel bureau shall, after every regular session of the legislature, conduct a study of the newly enacted statutes to determine whether any of those statutes:

      (a) Patently treats the sexes differently; or

      (b) Upon application, may affect women more adversely than it affects men.

      2.  The legislative counsel bureau shall compile and publish the results of the study. The publication must contain an index.

      Sec. 2.  NRS 218.635 is hereby amended to read as follows:

      218.635  1.  The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only of one house of the legislature. All requests for the drafting of legislation to be recommended as the result of a study or investigation must be made before July 1 of the year preceding a legislative session.

      2.  [Between] Except as otherwise provided by section 1 of this act, between sessions of the legislature no study or investigation may be initiated or continued by the fiscal analysts, the legislative auditor, the legislative counsel or the research director and their staffs except studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation may be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.

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

 

________


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

ê1989 Statutes of Nevada, Page 1986ê

 

CHAPTER 821, SB 491

Senate Bill No. 491–Committee on Natural Resources

CHAPTER 821

AN ACT making appropriations to the department of museums and history to acquire title to and renovate a railroad depot in Ely and making expenditure of the appropriations contingent upon the transfer of title to the depot to the state; and providing other matters properly relating thereto.

 

[Approved July 5, 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 department of museums and history the sum of $5,000 for the costs of transferring the title to the East Ely railroad depot to the state. The costs include, but are not limited to, the fees for a land survey and title insurance.

      Sec. 2.  There is hereby appropriated from the state general fund to the department of museums and history the sum of $139,200 to renovate the railroad depot in East Ely.

      Sec. 3.  1.  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 paid.

      2.  Any remaining balance of the appropriation made by section 2 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 paid.

      Sec. 4.  The director of the department of museums and history may submit to the interim finance committee a request for an allocation of money from the contingency fund to operate the railroad depot in East Ely for the fiscal year 1990-91.

      Sec. 5.  1.  Section 1 of this act becomes effective on June 30, 1989, and the money may be committed for expenditure upon the acceptance by the owner of the depot of the terms and conditions for the transfer of the title to the state.

      2.  This section and sections 2, 3 and 4 of this act become effective on June 30, 1989, but no money may be committed for expenditure until the date the title to the East Ely railroad depot is transferred to the state, if that transfer occurs before June 30, 1991.

 

________


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

ê1989 Statutes of Nevada, Page 1987ê

 

CHAPTER 822, SB 137

Senate Bill No. 137–Senator Malone

CHAPTER 822

AN ACT making an appropriation from the reserve fund for the supplemental city-county relief tax for the rehabilitation of the sewer facilities in the Blue Diamond area in Clark County; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

      whereas, The residents of the area known as Blue Diamond have depended for many years on a substantially inadequate sewer system; and

      whereas, The public service commission of Nevada and the division of environmental protection of the state department of conservation and natural resources have determined that significant repairs are necessary for the continued operation of the sewer system and those repairs will require a major investment of money; and

      whereas, Clark County is facing an imminent and uncontrollable condition which will substantially impair its financial capacity to provide the basic services for which it was created, in that the residents of the Blue Diamond area will be without sewage disposal facilities if the necessary repairs are not made; and

      whereas, NRS 354.5988 authorizes special distributions to be made from the reserve fund for the supplemental city-county relief tax if unforeseen or uncontrollable conditions, existing or imminent, substantially impair the financial capacity of a local government to provide the basic services for which it was created; and

      whereas, The Clark County Sanitation District and the Las Vegas Valley Water District have reported that the estimated cost to rehabilitate the Blue Diamond area’s sewer facilities is approximately $482,600; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the reserve fund for the supplemental city-county relief tax created pursuant to NRS 354.5988 to Clark County the sum of $482,600 to rehabilitate the sewage disposal facilities serving the Blue Diamond area.

      Sec. 2.  Clark County shall deposit the money appropriated pursuant to section 1 of this act in a trust account and report to the interim finance committee any expenditure of the money.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the project is completed, and reverts to the reserve fund for the supplemental city-county relief tax as soon as all payments of money committed have been made.

      Sec. 4.  As soon as practicable after the effective date of this act, the state controller shall transfer the money appropriated by section 1 of this act to the county treasurer of Clark County.

      Sec. 5.  This act becomes effective on June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1988ê

 

CHAPTER 823, SB 139

Senate Bill No. 139–Committee on Finance

CHAPTER 823

AN ACT making appropriations to the buildings and grounds division of the department of general services for the payment of expenses related to the repair and renovation of state-owned buildings and facilities and to the relocation of the tenants of the Nye Building; making an appropriation to the contingency fund for the rental or lease of certain office buildings to be used by the tenants of the Nye Building; and providing other matters properly relating thereto.

 

[Approved July 5, 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 buildings and grounds division of the department of general services:

      1.  The sum of $560,998 for the payment of expenses related to the repair and renovation of state-owned buildings and facilities; and

      2.  The sum of $50,000 for the payment of expenses related to the relocation of the tenants of the Nye Building.

      Sec. 2.  Any remaining balance of the appropriations 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.  There is hereby appropriated from the state highway fund to the buildings and grounds division of the department of general services the sum of $315,137 for the payment of expenses related to the repair and renovation of state-owned buildings and facilities.

      Sec. 4.  Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, 1991, and reverts to the state highway fund as soon as all payments of money committed have been made.

      Sec. 5.  There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $273,156 for the rental or lease of office buildings that are not state-owned to be used by the tenants of the Nye Building during the biennium that expires on June 30, 1991.

      Sec. 6.  Any remaining balance of the appropriation made by section 5 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. 7.  This act becomes effective on June 30, 1989.

 

________


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

ê1989 Statutes of Nevada, Page 1989ê

 

CHAPTER 824, SB 185

Senate Bill No. 185–Committee on Finance

CHAPTER 824

AN ACT relating to colleges; increasing the amount of the support for the National Judicial College; creating a trust fund for the support of the National College of Juvenile and Family Law; making appropriations; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 1.470 is hereby amended to read as follows:

      1.470  1.  The trust fund for the National Judicial College is hereby created. The interest and income earned on the money in the trust fund, in an amount not exceeding [$200,000] $300,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of [$200,000] $300,000 per year must be credited to the state general fund.

      2.  The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National Judicial College at the end of each quarter an amount equal to any interest and income credited to the trust fund during that quarter. The dean may use the money to pay expenses which relate to operating the college.

      3.  The state board of examiners may, upon making a determination that any portion of the principal of the money in the trust fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the trust fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

      4.  The dean shall submit an itemized statement of all the income and expenditures of the National Judicial College each year to the legislature or the interim finance committee.

      Sec. 2.  1.  There is hereby appropriated from the state general fund to the trust fund for the National Judicial College the sum of $1,250,000 upon the condition that an equal amount of money is donated for the support of the National Judicial College from other sources on or before June 30, 1991. The sum of $1,250,000 reverts to the state general fund on July 1, 1991, if this condition is not met.

      2.  If the National Judicial College ceases to provide education in this state to members of the judiciary, the balance in the trust fund for the National Judicial College reverts to the state general fund.

      Sec. 3.  Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The trust fund for the National College of Juvenile and Family Law is hereby created. The interest and income earned on the money in the trust fund, in an amount not exceeding $100,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $100,000 per year must be credited to the state general fund.


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

ê1989 Statutes of Nevada, Page 1990 (Chapter 824, SB 185)ê

 

      2.  The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National College of Juvenile and Family Law at the end of each quarter an amount equal to any interest and income credited to the trust fund during that quarter. The dean may use the money to pay expenses relating to the operation of the college.

      3.  The state board of examiners may, upon making a determination that any portion of the principal of the money in the trust fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the trust fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.

      4.  The dean shall submit an itemized statement of all of the income and expenditures of the National College of Juvenile and Family Law each year to the legislature or the interim finance committee.

      Sec. 4.  1.  There is hereby appropriated from the state general fund to the trust fund for the National College of Juvenile and Family Law created by section 1 of this act the sum of $1,250,000 upon the condition that an equal amount of money is donated for the support of the National College of Juvenile and Family Law from other sources on or before June 30, 1991. The sum of $1,250,000 reverts to the state general fund on July 1, 1991, if this condition is not met.

      2.  If the National College of Juvenile and Family Law ceases to provide education in this state to members of the judiciary, the balance in the trust fund for the National College of Juvenile and Family Law reverts to the state general fund.

      Sec. 5.  1.  This act becomes effective on June 30, 1989.

      2.  If the appropriation made by section 2 of this act reverts to the state general fund, section 1 of this act expires by limitation on the date of the reversion.

      3.  If the appropriation made by section 4 of this act reverts to the state general fund, section 3 of this act expires by limitation on the date of the reversion.

 

________


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

ê1989 Statutes of Nevada, Page 1991ê

 

CHAPTER 825, SB 219

Senate Bill No. 219–Senator Raggio

CHAPTER 825

AN ACT relating to education; requiring school districts to provide for the legal defense of their employees in certain criminal actions; and providing other matters properly relating thereto.

 

[Approved July 5, 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.  If a person who is or was employed by a school district is charged by criminal complaint with assault, battery or a similar crime as a result of his actions in attempting to maintain a safe or peaceful school environment, the school district shall, as soon as practicable, provide for the legal defense of the employee in that case. The school district shall not require a waiver of the attorney-client privilege as a condition of providing the defense.

      2.  In any case in which the school district is required to provide for an employee’s legal defense pursuant to subsection 1, the court shall include in its judgment a finding as to whether the conduct of the defendant which was alleged to be criminal was within the scope of his employment and whether the conduct was malicious or wanton.

      3.  If the court finds that the conduct of the defendant was not within the scope of his employment or was wanton or malicious, the employee or former employee is liable to the school district for the amount expended by the school district for his defense.

      Sec. 2.  The provisions of this act apply to any criminal action filed on or after the effective date of this act.

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

 

________

 

 

CHAPTER 826, SB 222

Senate Bill No. 222–Senator Getto

CHAPTER 826

AN ACT relating to Lincoln County; authorizing an additional levy of taxes ad valorem; making an appropriation contingent on the imposition of that additional tax; and providing other matters properly relating thereto.

 

[Approved July 5, 1989]

 

      whereas, In 1981, the Nevada Legislature substantially revised the laws governing the financial structure of the local governments in this state; and

      whereas, Each local government’s property tax rate was reduced and various controls were instituted that limited the amount of revenue which could be received by a local government; and


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

ê1989 Statutes of Nevada, Page 1992 (Chapter 826, SB 222)ê

 

      whereas, These controls have resulted in various fiscal problems over the past few years for Lincoln County; and

      whereas, Lincoln County will not be able to continue providing the basic services for which it was created unless the legislature revises the provisions governing the amount of revenue the county may receive from taxes ad valorem to provide a permanent additional source of funding; and

      whereas, The legislature finds and declares that a general law cannot be made applicable to the situation because of the number of atypical factors and special conditions concerning the financial condition of Lincoln County; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby contingently appropriated from the reserve fund for the supplemental city-county relief tax fund to Lincoln County the sum of $100,000.

      Sec. 2.  Notwithstanding the provisions of chapter 354 of NRS, the board of county commissioners of Lincoln County may increase the rate of taxes ad valorem of the county for the 1989-1990 or 1990-1991 fiscal year by an amount which will result in additional revenue of not more than $100,000.

      Sec. 3.  The executive director of the department of taxation shall report to the interim finance committee any increase in revenue from taxes ad valorem resulting from an increase in the tax rate made pursuant to section 2 of this act.

      Sec. 4.  The interim finance committee shall direct the state controller to transfer to the county treasurer of Lincoln County an amount of the appropriation made by section 1 of this act equal to the amount of increase in revenue reported by the executive director pursuant to section 3 of this act. The total amount of money transferred for the 1989-1990 and 1990-1991 fiscal years must not exceed the amount appropriated by section 1 of this act.

      Sec. 5.  1.  The executive director of the department of taxation shall increase the allowed revenue from taxes ad valorem of Lincoln County by an amount equal to the additional revenue resulting from the increase in the tax rate made pursuant to section 2 of this act.

      2.  The increase in allowed revenue from taxes ad valorem authorized by subsection 1:

      (a) Must not exceed $100,000;

      (b) May only be made for the 1989-1990 or 1990-1991 fiscal year and must be included in the basis for the calculation of the allowed revenue from taxes ad valorem in all future years; and

      (c) Must be excluded from all calculations affecting the distribution of the revenue from the supplemental city-county relief tax pursuant to NRS 377.057.

      Sec. 6.  Any balance of the sum appropriated by section 1 of this act which has not been transferred to Lincoln County on December 1, 1990, reverts to the emergency fund for the supplemental city-county relief tax fund on that date.

 

Link to Page 1993