[Rev. 3/19/2013 2:04:15 PM]

Link to Page 1318

 

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ê1991 Statutes of Nevada, Page 1319 (Chapter 442, AB 655)ê

 

       (b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

       (c) Unless a method of disposition is adopted for the purpose of evading this chapter or would have the effect of evading this chapter, the term “subdivision” does not apply to:

             (1) Any division of land which is ordered by any court in this state or created by operation of law;

             (2) A lien, mortgage, deed of trust or any other security instrument;

             (3) A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

             (4) Cemetery lots; or

             (5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

       2.  A common-interest community consisting of five or more units shall be deemed to be a subdivision of land within the meaning of this section, but need only comply with NRS 278.326 to 278.460, inclusive, 278.473 to 278.477, inclusive, 278.480 and 278.490.

       3.  The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:

       (a) The land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 or 82 of NRS which is an immediate successor in title to a railroad company, and the land was in the past used in connection with any railroad operation; and

       (b) Other persons now permanently reside on the land.

       [3.] 4.  This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.

      Sec. 362.  Corporations existing, or organized and existing, pursuant to NRS 82.010 to 82.690, inclusive, and 86.010 to 86.180, inclusive, as those statutes existed on September 30, 1991, and all predecessor acts, continue to exist and are governed by sections 166 to 273, inclusive, of this act until October 1, 1993, when their existence ceases unless preserved pursuant to this section. At any time before October 1, 1993, any such corporation may file articles with the secretary of state conforming to the requirements of sections 166 to 273, inclusive, of this act, or conforming to the requirements of chapter 84 of NRS, and stating that the corporation elects to be governed by sections 166 to 273, inclusive, of this act or by chapter 84 of NRS. Upon the filing of those articles with the secretary of state, the existence of any such corporation continues and the corporation is thereafter governed by the provisions of chapter 82 of NRS as added by this act or by the provisions of chapters 82 and 84 of NRS as so added, as set forth in the articles which are so filed.

      Sec. 363.  Sections 132, 332.5, 332.7 and 356 become effective at 12:01 a.m. on October 1, 1991.

 

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ê1991 Statutes of Nevada, Page 1320ê

 

CHAPTER 443, AB 453

Assembly Bill No. 453–Committee on Commerce

CHAPTER 443

AN ACT relating to mobile home parks; requiring the managers and assistant managers of certain mobile home parks to complete annually continuing education relating to the management of mobile home parks; requiring the administrator of the manufactured housing division of the department of commerce to approve the courses of instruction and the instructors of those courses; authorizing the administrator to impose fines against landlords of certain mobile home parks who employ managers or assistant managers who have not completed a course of continuing education; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

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.  1.  Each manager and assistant manager of a mobile home park which has 25 or more lots shall complete annually 6 hours of continuing education relating to the management of a mobile home park.

      2.  The administrator shall adopt regulations specifying the areas of instruction for the continuing education required by subsection 1.

      3.  The instruction must include, but is not limited to, information relating to:

      (a) The provisions of chapter 118B of NRS;

      (b) Leases and rental agreements;

      (c) Unlawful detainer and eviction as set forth in NRS 40.215 to 40.425, inclusive;

      (d) The resolution of complaints and disputes concerning landlords and tenants of mobile home parks; and

      (e) The adoption and enforcement of the rules and regulations of a mobile home park.

      4.  Each course of instruction and the instructor of the course must be approved by the administrator. The administrator shall adopt regulations setting forth the procedure for applying for approval of an instructor and course of instruction. The administrator may require submission of such reasonable information by an applicant as he deems necessary to determine the suitability of the instructor and the course. The administrator shall not approve a course if the fee charged for the course is not reasonable. Upon approval, the administrator shall designate the number of hours of credit allowable for the course.

      Sec. 3.  1.  There are hereby created two regions to provide courses of continuing education pursuant to section 2 of this act. One region is the northern region consisting of the counties of Washoe, Storey, Douglas, Lyon, Churchill, Pershing, Humboldt, Lander, Elko, Eureka, Mineral, White Pine and Carson City, and one region is the southern region consisting of the counties of Lincoln, Nye, Esmeralda and Clark.


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ê1991 Statutes of Nevada, Page 1321 (Chapter 443, AB 453)ê

 

      2.  The person who applied for approval of a course or his designee shall notify the administrator of the date and location each time the course is offered, as soon as practicable after scheduling the course.

      3.  The administrator shall ensure that a course of continuing education is offered at least every 6 months in each region. If the administrator finds that no approved course will be offered to meet the requirements of this subsection, he shall offer the course and charge a reasonable fee for each person enrolled in the course.

      4.  If the fees collected by the administrator for the course do not cover the cost of offering the course, the administrator shall determine the difference between the fees collected and the cost of offering the course, divide that amount by the number of mobile home parks which have 25 lots or more in the region in which the course was held and assess that amount to each landlord of such a mobile home park. The landlord shall pay the assessment within 30 days after it was mailed by the administrator.

      Sec. 4.  1.  Each instructor of a course shall furnish to each person who completes the course required by section 2 of this act a certificate of completion. The certificate must include:

      (a) The name and address of the participant;

      (b) The name of the instructor of the course;

      (c) The name of the landlord of the mobile home park who employs the participant and the address of the park, if the participant is employed as a manager or assistant manager of a mobile home park on the date of completion of the course;

      (d) The number of hours of instruction completed; and

      (e) The date the course was completed.

      2.  Each instructor shall furnish to the administrator the information included in each certificate of completion he issues within 30 days after the course is completed.

      Sec. 5.  1.  The administrator may impose a fine of not more than $500 against a landlord of a mobile home park who employs a manager or assistant manager who has not completed the course of continuing education required by section 2 of this act.

      2.  The administrator shall, before imposing the fine, notify the landlord of the mobile home park by certified mail that he will impose the fine unless the landlord, within 30 days after the notice is mailed, shows cause why the fine should not be imposed.

      3.  If the administrator imposes the fine, he shall notify the landlord of the mobile home park by certified mail.

      4.  The imposition of a fine pursuant to this section is a final decision for the purposes of judicial review.

      Sec. 6.  Each manager and assistant manager of a mobile home park who is required to complete the course described in section 2 of this act must complete the initial course of continuing education required by section 2 of this act not later than October 1, 1993.

      Sec. 7.  Section 5 of this act becomes effective on October 1, 1993.

 

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ê1991 Statutes of Nevada, Page 1322ê

 

CHAPTER 444, AB 562

Assembly Bill No. 562–Assemblymen Johnson and Petrak

CHAPTER 444

AN ACT relating to county clerks; revising certain fees charged by county clerks; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 19.013 is hereby amended to read as follows:

      19.013  1.  Each county clerk shall charge and collect the following fees:

 

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, to be paid by the party commencing the action, proceeding or transfer.........................     $47

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court............................................................................................................       35

On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:

Where the stated value of the estate is more than $1,000..       65

Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.

On the filing of a petition to contest any will or codicil, to be paid by the petitioner............................................................................................................       37

On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter.................................       37

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them............................................................................................................       37

For filing a notice of appeal..................................................................       20

For issuing a transcript of judgment and certifying thereto............         2

For preparing any copy of any record, proceeding or paper, for each page .......................................................................................................... 1

For each certificate of the clerk, under the seal of the court               2

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.......... [4]        5


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ê1991 Statutes of Nevada, Page 1323 (Chapter 444, AB 562)ê

 

[For filing and indexing articles of incorporation..............................     $10

For each amendment, acceptance of appointment of a resident agent, list of officers, dissolution or reinstatement........................        5]

For filing all papers [to be kept by him,] not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity............................................. [10]      15

For issuing any certificate under seal, not otherwise provided for         5

For searching records or files in his office, for each year................         1

For filing and recording a bond of a notary public, per name.. [10]      15

For entering the name of a firm or corporation in the register of the county clerk............................................................................................................       15

 

      2.  All fees prescribed in this section are payable in advance if demanded by the county clerk.

      3.  The fees set forth in subsection 1 are in full for all services rendered by the county clerk in the case for which the fees are paid, [to and] including the [making up] preparation of the judgment roll, but the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.

      4.  No fee may be charged any attorney [and counselor] at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

      5.  Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      Sec. 2.  NRS 602.050 is hereby amended to read as follows:

      602.050  [1.] Every county clerk [must] shall keep, in alphabetical order, in a book or other suitable index provided for that purpose:

      [(a)] 1.  A register of all the names of [such] the corporations, businesses, or fanciful or fictitious designations, as shown in the certificates.

      [(b)] 2.  Unless it is a corporation, the name of each person shown to be interested in or a partner in such a business.

      [2.  Every county clerk shall charge for each corporate or firm name entered a fee of $10, which is full compensation for filing and registration.]

 

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ê1991 Statutes of Nevada, Page 1324ê

 

CHAPTER 445, AB 591

Assembly Bill No. 591–Committee on Commerce

CHAPTER 445

AN ACT relating to manufactured housing; establishing educational requirements for certain persons who are licensed by the manufactured housing division of the department of commerce; providing for the regulation of advance fees and advance fee listings; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, the division shall not:

      (a) Allow an applicant for an original license pursuant to this chapter to submit an application for the license until he submits proof satisfactory to the division that he has completed at least 6 hours of initial education as required by section 3 of this act.

      (b) Renew or reactivate any license issued pursuant to this chapter until the licensee has submitted proof satisfactory to the division that he has, during the 2-year period preceding the renewal or reactivation of the license, completed at least 12 hours of continuing education as required by section 3 of this act.

      2.  This section does not apply to manufacturers of manufactured homes, commercial coaches and travel trailers.

      Sec. 3.  1.  The division shall adopt regulations concerning initial and continuing education requirements. The regulations must include the:

      (a) Criteria for determining what qualifies as initial and continuing education;

      (b) Criteria for approving educational and training programs;

      (c) Requirements for submitting evidence of completion; and

      (d) Grounds and procedures for granting an extension of time within which to comply with continuing education requirements.

      2.  In adopting regulations pursuant to subsection 1, the division shall:

      (a) Allow for alternative subjects, instructors, schools and sources of programs, with consideration for specialized areas of practice, availability of resources, proximity of those resources to the licensees and applicants and the time and expense required to participate.

      (b) Approve courses offered by generally accredited educational institutions and private vocational schools if those courses otherwise qualify as initial or continuing education.

      (c) Approve training and educational programs and seminars offered by:

             (1) Individual sponsors;

             (2) Manufactured housing firms and businesses such as dealers, installers, rebuilders, servicemen, manufacturers of manufactured homes and suppliers of the various components for constructing homes, including heating and air-conditioning systems, roofing and siding material, skirting and awnings and other components;


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ê1991 Statutes of Nevada, Page 1325 (Chapter 445, AB 591)ê

 

             (3) Professional and industry-related organizations; and

             (4) Other organized educational programs concerning technical or specialized subjects, including in-house training programs offered by an employer for his employees, and participation in meetings and conferences of industry-related organizations.

      (d) Solicit advice and assistance from persons who and organizations which are knowledgeable in the construction, sale, installation, rebuilding and servicing of manufactured homes and the method of educating licensees and applicants.

      3.  The division is not responsible for the costs of any initial or continuing education program, but may participate in the funding of those programs subject to legislative appropriations.

      4.  As used in this section, the term “industry-related organizations” includes the:

      (a) National Manufactured Housing Federation;

      (b) Manufactured Housing Institute;

      (c) Nevada Manufactured Housing Association;

      (d) Nevada Mobilehome Park Owners Association;

      (e) Mobilehome Owners League of the Silver State; and

      (f) Nevada Association of Realtors.

      Sec. 4.  1.  A person who charges or collects an advance fee shall, within 3 months after charging or collecting such a fee, furnish to his principal an accounting of the use of the money. The administrator also may require an accounting by the person of the use of the money.

      2.  A person shall not accept an advance fee listing unless he is a dealer, responsible managing employee or salesman who is licensed pursuant to this chapter.

      3.  The administrator may adopt regulations concerning advance fee listings and the charging and collecting of an advance fee, including, but not limited to:

      (a) Forms to be used for advance fee agreements; and

      (b) Reports and forms of accounting required to be kept, made or submitted to the division.

      4.  A violation of this section or the regulations adopted pursuant to this section constitutes grounds for disciplinary action against a licensee.

      5.  As used in this section:

      (a) “Advance fee” means the money contracted for, charged, claimed, collected, demanded or received for an advance fee listing of, an advertisement for or an offer to sell a manufactured home, mobile home or commercial coach, if the advance fee listing, advertisement or offer is issued to promote the sale of a manufactured home, mobile home or commercial coach or for referral to a business, to dealers or to salesmen, before the last printing or other last issuance thereof, other than by a newspaper of general circulation.

      (b) “Advance fee listing” includes, but is not limited to:

             (1) The name or a list of the names of owners, prospective buyers or exchangers, or the location of a manufactured home, mobile home or commercial coach that is offered for sale or exchange.


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ê1991 Statutes of Nevada, Page 1326 (Chapter 445, AB 591)ê

 

             (2) The location at which prospective or potential buyers or exchangers of manufactured homes, mobile homes or commercial coaches may be communicated with or found.

             (3) An agreement by which a person who is engaged in the business of promoting the sale of manufactured homes, mobile homes or commercial coaches agrees to render to an owner or buyer any service to promote the sale of the manufactured home, mobile home or commercial coach for an advance fee.

             (4) An agreement by which a person agrees to locate or to promote the sale of a manufactured home, mobile home or commercial coach for an advance fee.

The term does not include any publication issued for general circulation.

      Sec. 5.  NRS 489.331 is hereby amended to read as follows:

      489.331  1.  The division shall adopt regulations for the issuance of limited dealer’s licenses authorizing licensed real estate brokers to sell used manufactured homes and used mobile homes when the sale is [incidental to] in connection with the sale of [an] a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold. The regulations [may] must not be more strict than the regulations in effect which pertain to licenses for other dealers. An applicant for a limited dealer’s license is not required to have sufficient space to display used manufactured homes or used mobile homes at his established place of business.

      2.  If a licensed real estate broker holds a limited dealer’s license, he and his licensed salesmen may sell used manufactured homes and used mobile homes when the sale is [incidental to] in connection with the sale of [an] a fee simple interest in real property and the used manufactured home or used mobile home is situated on the real property sold.

      Sec. 6.  NRS 489.341 is hereby amended to read as follows:

      489.341  1.  A person [may] shall not act as a salesman in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any manufactured home, mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the division. Before issuing such a license, the division shall require:

      (a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address and the name and address of his employer.

      (b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.

      (c) Proof of the applicant’s good character and reputation and of his fitness to act as a salesman or responsible managing employee.

      (d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant .


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ê1991 Statutes of Nevada, Page 1327 (Chapter 445, AB 591)ê

 

Bureau of Investigation any information respecting the fingerprints of an applicant . [under this section.]

      (e) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (f) Payment of a reasonable license fee established by regulation.

      (g) The applicant to have passed the examination required by NRS 489.351.

      (h) Any other information the division deems necessary.

      2.  Within 60 days after receipt of a complete application, the division shall issue or deny the license.

      3.  The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensee’s name and the address of his employer’s place of business.

      4.  Each license is valid for [a period of] 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.

      5.  A person licensed pursuant to this section [may] shall not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer, rebuilder, serviceman or installer.

      6.  A license issued [under] pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.

      7.  A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom [he] the holder of the license is licensed.

      8.  If a salesman or responsible managing employee ceases to be employed by a licensed dealer, rebuilder, serviceman, or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the division every change in his place of employment, or termination of employment within 5 days of the date of making the change.

      Sec. 7.  1.  This section and sections 1, 4 and 5 of this act become effective upon passage and approval.

      2.  Sections 3 and 6 of this act become effective on October 1, 1991.

      3.  Section 2 of this act becomes effective July 1, 1992.

 

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ê1991 Statutes of Nevada, Page 1328ê

 

CHAPTER 446, AB 636

Assembly Bill No. 636–Assemblymen Bennett, Garner, McGaughey, Kerns, Krenzer, Johnson, Hardy, Norton, Wong, Scherer, Arberry, Spriggs, Lambert, Porter, Elliott, Petrak, Myrna Williams, Callister and Spitler

CHAPTER 446

AN ACT relating to insurance; requiring certain insurers, fraternal benefit societies, corporations for medical, hospital or dental service, health maintenance organizations and organizations for dental care to approve or deny a claim relating to certain policies, contracts or plans of insurance within a certain period; requiring those insurers to pay such a claim within a certain period after the claim is approved; requiring those insurers to pay interest on that claim if the insurer fails to pay the claim within that period; revising the provisions concerning the limitation on the difference in the payments for coinsurance under a policy of group health insurance and a group contract to preferred providers of health care and providers who are not preferred; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

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.  Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of the reason for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.

      Sec. 2.  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 shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim.


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ê1991 Statutes of Nevada, Page 1329 (Chapter 446, AB 636)ê

 

additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of the reason for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.

      Sec. 3.  NRS 689B.061 is hereby amended to read as follows:

      689B.061  A policy of group health insurance which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:

      1.  May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.

      2.  May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.

      3.  May not provide for a difference in percentage rates of payment for coinsurance of more than [a 30 percent difference] 30 percentage points between the payment for coinsurance required to be paid by the insured to a preferred provider of health care and the payment for coinsurance required to be paid by the insured to a provider of health care who is not preferred.

      4.  Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.

      5.  Must [use for both the preferred providers of health care and the] include for providers of health care who are not preferred [, a common dollar amount to determine] a provision establishing the point at which an insured’s payment for coinsurance is no longer required to be paid [, based on a calendar year.] if such a provision is included for preferred providers of health care. Such provisions must be based on a calendar year. The point at which an insured’s payment for coinsurance is no longer required to be paid for providers of health care who are not preferred must not be greater than twice the amount for preferred providers of health care, regardless of the method of payment.

      6.  Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.

      7.  Must require the insurer to [pay] process a claim [to] of a provider of health care who is not preferred not later than 30 working days after the date on which proof of the claim is received.

      Sec. 4.  Chapter 690B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2, 3 and 4, an insurer shall approve or deny a claim of its insured relating to a contract of casualty insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved.


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ê1991 Statutes of Nevada, Page 1330 (Chapter 446, AB 636)ê

 

If the approved claim is not paid within that period, the insurer shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the insurer requires additional information or time to determine whether to approve or deny a claim, it shall notify the policyholder of its request for the additional information or time within 20 days after it receives the policyholder’s claim, and at least once every 30 days thereafter, until the claim is approved or denied. The notice must set forth the reason why the additional information or time is required.

      3.  The insurer shall approve or deny the claim within:

      (a) Thirty days after it receives the additional information; or

      (b) Thirty-one days after the last timely notice was provided pursuant to subsection 2,

whichever is later.

      4.  If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.

      Sec. 5.  Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a society shall approve or deny a claim relating to a certificate of health insurance within 30 days after the society receives the claim. If the claim is approved, the society shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the society shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the society requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The society shall notify the provider of health care of the reason for the delay in approving or denying the claim. The society shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the society shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the society shall pay interest on the claim in the manner prescribed in subsection 1.

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

      1.  Except as otherwise provided in subsection 2, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the corporation shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the corporation requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim.


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

ê1991 Statutes of Nevada, Page 1331 (Chapter 446, AB 636)ê

 

additional information within 20 days after it receives the claim. The corporation shall notify the provider of dental, hospital or medical services of the reason for the delay in approving or denying the claim. The corporation shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1.

      Sec. 7.  NRS 695B.185 is hereby amended to read as follows:

      695B.185  A group contract for hospital, medical or dental services which offers a difference of payment between preferred providers of health care and providers of health care who are not preferred:

      1.  May not require a deductible of more than $600 difference per admission to a facility for inpatient treatment which is not a preferred provider of health care.

      2.  May not require a deductible of more than $500 difference per treatment, other than inpatient treatment at a hospital, by a provider which is not preferred.

      3.  May not provide for a difference in percentage rates of payment for coinsurance of more than [a 30 percent difference] 30 percentage points between the copayment required to be paid by the insured to a preferred provider of health care and the copayment required to be paid by the insured to a provider of health care who is not preferred.

      4.  Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.

      5.  Must [use for both the preferred providers of health care and the] include for providers of health care who are not preferred [, a common dollar amount to determine] a provision establishing the point at which an insured’s payment for coinsurance is no longer required to be paid [, based on a calendar year.] if such a provision is included for preferred providers of health care. Such provisions must be based on a calendar year. The point at which an insured’s payment for coinsurance is no longer required to be paid for providers of health care who are not preferred must not be greater than twice the amount for preferred providers of health care, regardless of the method of payment.

      6.  Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured determines that the use of the service is necessary for the health of the insured, the service shall be deemed to be provided by the preferred provider of health care.

      7.  Must require the corporation to [pay] process a claim [to] of a provider of health care who is not preferred not later than 30 working days after the date on which proof of the claim is received.

      Sec. 8.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a health maintenance organization shall approve or deny a claim relating to a health care plan within 30 days after the health maintenance organization receives the claim.


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

ê1991 Statutes of Nevada, Page 1332 (Chapter 446, AB 636)ê

 

If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the health maintenance organization requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The health maintenance organization shall notify the provider of health care services of the reason for the delay in approving or denying the claim. The health maintenance organization shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1.

      Sec. 9.  Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an organization for dental care shall approve or deny a claim relating to a plan for dental care within 30 days after the organization for dental care receives the claim. If the claim is approved, the organization for dental care shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the organization for dental care shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.

      2.  If the organization for dental care requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The organization for dental care shall notify the provider of dental care of the reason for the delay in approving or denying the claim. The organization for dental care shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the organization for dental care shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the organization for dental care shall pay interest on the claim in the manner prescribed in subsection 1.

 

________


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

ê1991 Statutes of Nevada, Page 1333ê

 

CHAPTER 447, AB 650

Assembly Bill No. 650–Committee on Transportation

CHAPTER 447

AN ACT relating to the leasing of passenger cars; authorizing a short-term lessor of a passenger car to recover for damages to the car under certain conditions by processing a charge on the lessee’s credit card; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 598.7923 is hereby amended to read as follows:

      598.7923  1.  A short-term lessor of a passenger car shall not seek to recover any portion of a claim arising out of damage to or loss of a leased passenger car by [processing a charge on a short-term lessee’s credit card or] causing any [debit or] block to be placed on the lessee’s credit card account.

      2.  A short-term lessor of a passenger car shall not process a charge on a short-term lessee’s credit card to pay for any damages to a passenger car leased by the lessee unless the lessor first:

      (a) Obtains the written consent of the lessee, on a form that is separate from the form for the lease, to pay for the damages by processing a charge on the lessee’s credit card;

      (b) Inspects the vehicle upon its return to the lessor to verify the extent of the damages; and

      (c) Provides the lessee with a written estimate of the cost to repair the damages and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessee’s credit card in an amount that does not exceed the amount of the written estimate.

The lessee may waive the provisions of paragraph (c) if the inspection conducted pursuant to paragraph (b) indicates that the cost to repair the damages will not exceed $500 and the lessee provides the lessor with written authorization to pay for the damages by processing a charge on the lessee’s credit card in an amount that does not exceed $500.

      3.  A short-term lessor of a passenger car shall not engage in any unfair, deceptive or coercive tactics in attempting to recover or in recovering on any claim arising out of damage to or loss of a passenger car.

 

________


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

ê1991 Statutes of Nevada, Page 1334ê

 

CHAPTER 448, SB 280

Senate Bill No. 280–Committee on Judiciary

CHAPTER 448

AN ACT relating to child support; requiring the periodic review of the statutory formulas for child support; allowing the use of genetic identification for determining paternity; requiring courts to follow the statutory formula to calculate support payments for cases arising under the Revised Reciprocal Enforcement of Support Act; making various other changes regarding child support; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125B.070 is hereby amended to read as follows:

      125B.070  As used in this section and NRS 125B.080, unless the context otherwise requires:

      1.  “Gross monthly income” means the total amount of income from any source of a wage-earning employee or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.

      2.  “Obligation for support” means the amount determined according to the following schedule:

      (a) For one child, 18 percent;

      (b) For two children, 25 percent;

      (c) For three children, 29 percent;

      (d) For four children, 31 percent; and

      (e) For each additional child, an additional 2 percent,

of a parent’s gross monthly income, but not more than $500 per month per child for an obligation for support determined pursuant to paragraphs (a) to (d), inclusive, unless the court sets forth findings of fact as to the basis for a different amount pursuant to subsection 5 of NRS 125B.080.

      3.  On or before January 18, 1993, and on or before the third Monday in January every 4 years thereafter, the State Bar of Nevada shall review the formulas set forth in this section to determine whether any modifications are advisable and report to the legislature their findings and any proposed amendments.

      Sec. 2.  NRS 125B.080 is hereby amended to read as follows:

      125B.080  1.  A court shall apply the appropriate formula set forth in subsection 2 of NRS 125B.070 to:

      (a) Determine the required support in any case involving the support of children.

      (b) Any request filed after July 1, 1987, to change the amount of the required support of children.

      2.  If the parties agree as to the amount of support required, the parties shall certify that the amount of support is consistent with the appropriate formula set forth in subsection 2 of NRS 125B.070. If the amount of support deviates from the formula, the parties must stipulate sufficient facts in accordance with subsection 9 which justify the deviation to the court, and the court shall make a written finding thereon.


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

ê1991 Statutes of Nevada, Page 1335 (Chapter 448, SB 280)ê

 

shall make a written finding thereon. Any inaccuracy or falsification of financial information which results in an inappropriate award of support is grounds for a motion to modify or adjust the award.

      3.  If the parties disagree as to the amount of the gross monthly income of either party, the court shall determine the amount and may direct either party to furnish financial information or other records, including income tax returns for the preceding 3 years. Once a court has established an obligation for support by reference to a formula set forth in subsection 2 of NRS 125B.070, any subsequent modification or adjustment of that support must be based upon changed circumstances or as a result of a review conducted pursuant to NRS 125B.145.

      4.  Notwithstanding the formulas set forth in subsection 2 of NRS 125B.070, the minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.

      5.  It is presumed that the basic needs of a child are met by the formulas set forth in subsection 2 of NRS 125B.070. This presumption may be rebutted by evidence proving that the needs of a particular child are not met by the applicable formula.

      6.  If the amount of the awarded support for a child is greater or less than the amount which would be established under the applicable formula, the court shall set forth findings of fact as to the basis for the deviation from the formula.

      7.  Expenses for health care which are not reimbursed, including expenses for medical, surgical, dental, orthodontic and optical expenses, must be borne equally by both parents in the absence of extraordinary circumstances.

      8.  If a parent who has an obligation for support is willfully underemployed or unemployed, [for the purpose of avoiding] to avoid an obligation for support of a child, that obligation must be based upon the parent’s true potential earning capacity.

      9.  The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:

      (a) The cost of health insurance;

      (b) The cost of child care;

      (c) Any special educational needs of the child;

      (d) The age of the child;

      (e) The responsibility of the parents for the support of others;

      (f) The value of services contributed by either parent;

      (g) Any public assistance paid to support the child;

      (h) Any expenses reasonably related to the mother’s pregnancy and confinement;

      (i) The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained;

      (j) The amount of time the child spends with each parent;

      (k) Any other necessary expenses for the benefit of the child; and

      (l) The relative income of both parents.


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

ê1991 Statutes of Nevada, Page 1336 (Chapter 448, SB 280)ê

 

      Sec. 3.  NRS 125B.110 is hereby amended to read as follows:

      125B.110  1.  A parent shall support beyond the age of majority his child who is [physically or mentally] handicapped until the child is no longer handicapped or until the child becomes self-supporting. The handicap of the child must have occurred before the age of majority for this duty to apply.

      2.  For the purposes of this section, a child is self-supporting if he receives public assistance beyond the age of majority and that assistance is sufficient to meet his needs.

      3.  This section does not impair or otherwise affect the eligibility of a handicapped person to receive benefits from a source other than his parents.

      4.  As used in this section, “handicapped” means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

      Sec. 4.  NRS 125B.140 is hereby amended to read as follows:

      125B.140  1.  If an order issued by a court of this or any other state, or pursuant to an expedited process, provides for the payment for support of a child, that order is a judgment by operation of law on or after the date the payment is due. Such a judgment may not be retroactively modified or adjusted and may be enforced as other judgments of this state.

      2.  Payments for support of a child pursuant to an order of a court or an order issued pursuant to an expedited process which have not accrued at the time either party gives notice that he has filed a motion for modification adjustment may be modified or adjusted by the court upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction of the modification [.] or adjustment.

      3.  Except as otherwise provided in subsection 5, before execution for enforcement of a judgment for support of a child, the person seeking to enforce the judgment must send a notice by certified mail, return receipt requested, to the responsible parent:

      (a) Specifying the name of the court that issued the order for support and the date of its issuance;

      (b) Specifying the amount of arrearages accrued under the order;

      (c) Stating that the arrearages will be enforced as a judgment; and

      (d) Explaining that the responsible parent may, within 10 days after the notice is sent, ask for a hearing before the court concerning the amount of the arrearages.

      4.  The matters to be adjudicated at a hearing are limited to a determination of the amount of the arrearages and the jurisdiction of the court or the governmental entity issuing the order pursuant to an expedited process. At the hearing, the court shall take evidence and determine the amount of the judgment and issue its order for that amount.

      5.  If the amount of the judgment for arrearages has been determined by a court of this or any other state or pursuant to an expedited process, no further notice to the responsible parent is necessary for execution for enforcement of that judgment.

      6.  As used in this section, “expedited process” means a judicial or administrative procedure established by any state or territory or the District of Columbia to facilitate the collection of an obligation for the support of a child.


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

ê1991 Statutes of Nevada, Page 1337 (Chapter 448, SB 280)ê

 

Columbia to facilitate the collection of an obligation for the support of a child.

      Sec. 5.  NRS 125B.145 is hereby amended to read as follows:

      125B.145  1.  An order issued by any court or expedited process for the support of a child that is being enforced in this state must be reviewed by the court at least every 3 years pursuant to this section to determine whether the order should be modified [.] or adjusted. If the court determines that modification or adjustment of the order is appropriate, the court shall enter an order modifying or adjusting the previous order for support. Any review of an order for the support of a child must utilize the formula required by NRS 125B.070. The review must be conducted by the court upon the filing of a request for review by:

      (a) The welfare division of the department of human resources or the district attorney, if the welfare division or the district attorney has jurisdiction in the case; or

      (b) A parent or legal guardian of the child.

      2.  An order for the support of a child may be reviewed at any time on the basis of changed circumstances.

      3.  As used in this section, “expedited process” has the meaning ascribed to it in subsection 6 of NRS 125B.140.

      Sec. 6.  NRS 126.121 is hereby amended to read as follows:

      126.121  1.  The court may, and shall upon the motion of a party, order the mother, child, alleged father or any other person so involved to submit to one or more [blood] tests for the typing of blood or taking of specimens for genetic identification to be made by qualified physicians or other qualified persons, under such restrictions and directions as the court or judge deems proper. Whenever [the] such a test is ordered and made, the results of the test [may] must be received in evidence [.] and must be made available to a judge, master or referee conducting a hearing pursuant to NRS 126.111. The order for [the blood tests] such a test also may direct that the testimony of the experts and of the persons so examined may be taken by deposition [.] or written interrogatories.

      2.  If any party refuses to submit to [a blood test,] or fails to appear for a test ordered pursuant to subsection 1, the court may presume that the result of the test would be adverse to the interests of that party or may enforce its order if the rights of others and the interests of justice so require.

      3.  The court, upon reasonable request by a party, shall order that independent tests for determining paternity be performed by other experts [qualified as examiners of blood types.] or qualified laboratories.

      4.  In all cases, the court shall determine the number and qualifications of the experts [.] and laboratories.

      Sec. 7.  NRS 126.131 is hereby amended to read as follows:

      126.131  Evidence relating to paternity may include:

      1.  Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

      2.  An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.


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

ê1991 Statutes of Nevada, Page 1338 (Chapter 448, SB 280)ê

 

      3.  An expert’s opinion concerning blood test results [,] or genetic identification, weighted in accordance with evidence, if available, of the statistical probability of the alleged father’s paternity.

      4.  Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts.

      5.  All other evidence relevant to the issue of paternity of the child.

      Sec. 8.  NRS 130.100 is hereby amended to read as follows:

      130.100  Whenever the state, or a political subdivision thereof, furnishes support to an individual obligee, it has the same right to initiate a proceeding [under] pursuant to this chapter as the individual obligee for the purpose of securing reimbursement for support furnished , [or of] obtaining continuing support [, or both.] or requesting new or additional support orders. The amount the obligor must pay for support must be determined in accordance with NRS 125B.070 and 125B.080.

      Sec. 9.  NRS 130.160 is hereby amended to read as follows:

      130.160  1.  When the district attorney is requested to initiate an action in accordance with this chapter, he may assess against the obligee a fee of not more than $20 for an application. He may request that the responding court collect the fee from the obligor. A fee may not be assessed against the State of Nevada when acting as a party to an action brought pursuant to this chapter.

      2.  When the district attorney is requested to respond in an action in accordance with this chapter, the court may assess against an obligor, in addition to any support obligation ordered, a reasonable fee for collection and distribution. If the court finds that the obligor would experience a financial hardship if required to pay the fee immediately, it may order that the fee be paid in installments, each of which is not more than 25 percent of the support obligation for each month.

      3.  All fees collected pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

      4.  A responding court shall not require the posting of any bond, written undertaking, or security by the obligee, including bonds for the seizure or attachment of property or require payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and such fees and costs as are incurred in this state when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service or other service supplied to the obligor, be paid in whole or in part by the obligor . [or by] Such fees and costs may not be assessed against the state or any political subdivision thereof. These costs or fees do not have priority over amounts due to the obligee.

      Sec. 10.  NRS 425.3822 is hereby amended to read as follows:

      425.3822  1.  If there is no court order concerning support of a child entered against the parent from whom support is sought, the chief may issue a notice and finding of financial responsibility after:

      (a) The division is assigned the right to support;

      (b) The division makes a payment of public assistance;


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

ê1991 Statutes of Nevada, Page 1339 (Chapter 448, SB 280)ê

 

      (c) The program receives an application for services for enforcement pursuant to NRS 125B.150 from a person who is not a recipient of public assistance; or

      (d) The program receives a written request for enforcement of an obligation for support from an agency of another state that is responsible for administering the Federal Child Support Enforcement Act (42 U.S.C. §§ 651 et seq.).

      2.  The notice must be served upon the parent in the manner prescribed for service of summons in a civil action or by certified mail, [return receipt requested,] restricted delivery, with proof of actual receipt by the parent. A notice that involves the establishment of paternity must be served pursuant to Rule 4 of the Nevada Rules of Civil Procedure or by [registered mail] certified mail, restricted delivery, with proof of actual receipt by the parent.

      Sec. 11.  NRS 432B.560 is hereby amended to read as follows:

      432B.560  1.  The court may also order:

      [1.] (a) The child, a parent or the guardian to undergo such medical, psychiatric, psychologic or other care or treatment as the court considers to be in the best interests of the child.

      [2.] (b) A parent or guardian to [:

      (a) Refrain from any] refrain from:

             (1) Any harmful or offensive conduct toward the child, the other parent, the custodian of the child or person given physical custody of the child;

      [(b) Refrain from visiting] and

             (2) Visiting the child if the court determines that the visitation is not in the best interest of the child . [; and

      (c) Pay to the custodian the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education.

      3.] (c) A reasonable right of visitation for a grandparent of the child if the child is not permitted to remain in the custody of his parents.

      2.  The court shall order a parent or guardian to pay to the custodian an amount sufficient to support the child while the child is in the care of the custodian pursuant to an order of the court. Payments for the obligation of support must be determined in accordance with NRS 125B.070 and 125B.080, but may not exceed the reasonable cost of the child’s care, including food, shelter, clothing, medical care and education. An order for support made pursuant to this subsection must:

      (a) Require that payments be made to the clerk of the court or another appropriate agency or office;

      (b) Provide that the custodian is entitled to a lien on the obligor’s property in the event of nonpayment of support; and

      (c) Provide for the withholding of wages and commissions in the event of nonpayment of support unless:

             (1) All parties enter into an alternative written agreement; or

             (2) One party demonstrates and the court finds good cause to postpone the withholding.

      Sec. 12.  NRS 31A.170 is hereby repealed.

 

________


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

ê1991 Statutes of Nevada, Page 1340ê

 

CHAPTER 449, SB 318

Senate Bill No. 318–Committee on Finance

CHAPTER 449

AN ACT making an appropriation to the state library and archives for the payment of certain relocation and moving expenses; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

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 state library and archives the sum of $213,860 for payment of expenses related to relocating in the new state library building upon completion of its construction.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 450, SB 492

Senate Bill No. 492–Senators Glomb, Adler, Cook, Horn, Shaffer, Titus, Tyler and Vergiels

CHAPTER 450

AN ACT relating to communicable diseases; requiring a health authority and the principal of a school to notify the superintendent of the school district of the presence of the human immunodeficiency virus within a school in the district; requiring the superintendent of a school district to notify the health authority of the presence of the virus within a school in the district; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 441A.190 is hereby amended to read as follows:

      441A.190  1.  [A] Except as otherwise provided in this subsection, a health authority who knows of the presence of a communicable disease within a school, child care facility, medical facility or correctional facility [,] shall notify the principal, director or other person in charge of the school, child care facility, medical facility or correctional facility of that fact and direct what action, if any, must be taken to prevent the spread of the disease. A health authority who knows of the presence of the human immunodeficiency virus within a school shall notify the superintendent of the school district of that fact and direct what action, if any, must be taken to prevent the spread of the virus.

      2.  [The] Except as otherwise provided in this subsection, the principal, director or other person in charge of a school, child care facility, medical facility or correctional facility [,] who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the board.


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

ê1991 Statutes of Nevada, Page 1341 (Chapter 450, SB 492)ê

 

facility or correctional facility [,] who knows of or suspects the presence of a communicable disease within the school, child care facility, medical facility or correctional facility, shall notify the health authority pursuant to the regulations of the board. If a principal of a school knows of the presence of the human immunodeficiency virus within the school, he shall notify the superintendent of the school district of that fact. A superintendent of a school district who is notified of or knows of the presence of the human immunodeficiency virus within a school in the school district shall notify the health authority of that fact. The health authority shall investigate [the] a report received pursuant to this subsection to determine whether a communicable disease or the human immunodeficiency virus is present and direct what action, if any, must be taken to prevent the spread of the disease [.] or virus.

      3.  A parent, guardian or person having custody of a child who has a communicable disease shall not knowingly permit the child to attend school or a child care facility if the board, by regulation, has determined that the disease requires exclusion from school or a child care facility.

 

________

 

 

CHAPTER 451, SB 606

Senate Bill No. 606–Committee on Finance

CHAPTER 451

AN ACT relating to the University of Nevada; increasing the amount of bonds authorized for an office and laboratory building; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5 of chapter 704, Statutes of Nevada 1989, at page 1625, is hereby amended to read as follows:

       Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

       (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding [$40,000,000,] $100,000,000, except that if the board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

       (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time but not after 5 years from the effective date of this act, as the board determines, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).


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

ê1991 Statutes of Nevada, Page 1342 (Chapter 451, SB 606)ê

 

and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

       (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation, proceeds of securities authorized by this act.

       (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.

       2.  This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

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

 

________

 

 

CHAPTER 452, SB 573

Senate Bill No. 573–Committee on Finance

CHAPTER 452

AN ACT making an appropriation to the legislative fund for expenses related to the meeting of the National Legislative Black Caucus; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $35,000 for expenses related to the meeting of the National Legislative Black Caucus to be held in Las Vegas on December 6, 1991.

      Sec. 2  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, 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, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 1343ê

 

CHAPTER 453, AB 304

Assembly Bill No. 304–Committee on Judiciary

CHAPTER 453

AN ACT relating to municipal courts; clarifying that the prohibition of certain trials anew on appeal from municipal court to district court does not apply retroactively; and providing other matters properly relating thereto.

 

[Approved June 25, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The amendatory provisions of sections 2.5 and 18.5 of chapter 228 of Statutes of Nevada 1991, do not apply to any appeal perfected before October 1, 1991.

 

________

 

 

CHAPTER 454, SB 366

Senate Bill No. 366–Committee on Judiciary

CHAPTER 454

AN ACT relating to arbitration; requiring arbitration of certain civil actions; authorizing arbitration of all civil claims; directing the supreme court to adopt rules to provide for the establishment of a program of arbitration; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  Except as otherwise provided in NRS 38.215 and section 6 of this act, all civil actions filed in district court for damages, if the cause of action arises in the State of Nevada and the amount in issue does not exceed $25,000, must be submitted to nonbinding arbitration in accordance with the provisions of NRS 38.255 and sections 3 and 4 of this act.

      Sec. 3.  1.  The supreme court shall adopt rules to provide for the establishment of a program of arbitration pursuant to section 2.

      2.  The supreme court, in association with the National Judicial College and State Bar of Nevada and other organizations, shall provide training in arbitration for attorneys and nonattorneys.

      3.  The district courts in each judicial district shall administer the program in their respective districts in accordance with the rules adopted by supreme court.

      4.  The supreme court may:

      (a) Charge each person who applies for training as an arbitrator an application fee.

      (b) Charge a fee to cover the cost of the training programs.


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

ê1991 Statutes of Nevada, Page 1344 (Chapter 454, SB 366)ê

 

      Sec. 4.  In any civil action that is required to be submitted to arbitration pursuant to section 2 of this act, the supreme court may also authorize the use of settlement conferences and other alternative methods of resolving disputes that are available in the county in which the court is located, if the court determines that such participation would assist in the resolution of the dispute.

      Sec. 5.  NRS 38.215 is hereby amended to read as follows:

      38.215  1.  Except as otherwise provided in subsection 2 [,] and section 6 of this act, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in this state and the amount in issue does not exceed [$15,000,] $25,000, must be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.

      2.  Subsection 1 does not apply to any such action [:

      (a) Within] within the jurisdiction of the justice’s court, unless the parties agree, orally or in writing, that the action will be submitted to arbitration or the justice’s court so orders . [; or

      (b) Within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.]

      Sec. 6.  NRS 38.255 is hereby amended to read as follows:

      38.255  1.  [Upon petition by the district court of any judicial district or on its own initiative, the] The rules adopted by the supreme court [may adopt rules which] pursuant to section 3 of this act to provide guidelines for the establishment by a district court of a [voluntary or mandatory program for the arbitration of civil actions.] program must include provisions for a:

      (a) Mandatory program for the arbitration of civil actions pursuant to section 2 of this act.

      (b) Voluntary program for the arbitration of civil actions if the cause of action arises in the State of Nevada and the amount in issue exceeds $25,000.

      (c) Voluntary program for the use of binding arbitration in all civil actions.

      2.  The rules must provide that the district court of any judicial district [may establish a program pursuant thereto, subject to the limitations of the budgets of the counties within the jurisdiction of the court.] whose population is 100,000 or more:

      (a) Shall establish programs pursuant to paragraphs (a), (b) and (c) of subsection 1.

      (b) May set fees and charge parties for arbitration if the amount in issue exceeds $25,000.

The rules may provide for similar programs for the other judicial districts.

      3.  The rules must exclude the following from any program of mandatory arbitration:

      (a) Actions in which the amount in issue, excluding attorney’s fees, interest and court costs, is more than [$15,000,] $25,000 or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;

      (b) Class actions;

      (c) Actions in equity;

      (d) Actions concerning the title to real estate;

      (e) Probate actions; [and]

      (f) Appeals from courts of limited jurisdiction [.] ;


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

ê1991 Statutes of Nevada, Page 1345 (Chapter 454, SB 366)ê

 

      (g) Actions for declaratory relief;

      (h) Actions involving divorce or problems of domestic relations;

      (i) Actions brought for relief based on any extraordinary writs;

      (j) Actions for the judicial review of an administrative decision; and

      (k) Actions in which the parties, pursuant to a written agreement executed before the accrual of the cause of action, have submitted the controversy to arbitration or any other alternative method for resolving a dispute.

      4.  The rules must include [guidelines] :

      (a) Guidelines for the award of attorney’s fees and maximum limitations on the costs to the parties of the arbitration [and] ;

      (b) Disincentives to appeal; and

      (c) Provisions for trial upon the exercise by either party of his right to a trial anew after the arbitration.

      5.  The supreme court shall, on or before February 1 of each odd-numbered year, submit a report to the director of the legislative counsel bureau for transmittal to the chairmen of the assembly and senate standing committees on the judiciary. The report must include, for the period since the previous such report, if any:

      (a) A listing of the number of actions which were submitted to arbitration or other alternative methods of resolving disputes pursuant to section 2 or 4 of this act and their manner of disposition;

      (b) A statement of the amount of money collected in each judicial district pursuant to section 7 of this act and a summary of the manner in which the fees were expended; and

      (c) Any recommendations for legislation or other information regarding the programs on arbitration deemed relevant by the supreme court.

      Sec. 7.  Chapter 19 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, the county clerk shall charge and collect a fee of $5 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1 for credit to an account for programs of arbitration in the county general fund. The money in the account must be used only to support programs for the arbitration of civil actions pursuant to section 2 of this act.

      3.  The provisions of this section apply only in judicial districts in which a program of arbitration has been established pursuant to section 2 of this act.

      Sec. 8.  1.  This section and sections 1 and 3 to 7, inclusive, of this act become effective on October 1, 1991.

      2.  Section 2 of this act becomes effective on July 1, 1992.

 

________


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

ê1991 Statutes of Nevada, Page 1346ê

 

CHAPTER 455, AB 590

Assembly Bill No. 590–Committee on Ways and Means

CHAPTER 455

AN ACT relating to cultural resources; creating the commission for cultural affairs; defining its duties; providing for the issuance of general obligation bonds for the preservation and promotion of cultural resources; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The commission for cultural affairs is hereby created. The commission consists of:

      (a) The chairman of the Nevada Humanities Committee or a member of the committee designated by him;

      (b) The chairman of the Nevada state council on the arts or a member of the council designated by him;

      (c) The chairman of the board of museums and history or a member of the board designated by him;

      (d) The chairman of the advisory board for historic preservation and archeology or a member of the advisory board designated by him; and

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the governor.

      2.  The commission shall:

      (a) Elect from its membership a chairman who shall serve for a term of 2 years. Any vacancy occurring in this position must be filled by election of the members of the commission for the remainder of the unexpired terms.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of its chairman.

      3.  Three members of the commission constitute a quorum, but a majority of the members of the commission is necessary to consider the particular business before it and to exercise the power conferred on the commission.

      4.  The members of the commission are not entitled to be paid a salary or receive reimbursement for per diem or travel expenses.

      5.  Administrative services required by the commission must be provided by the members of the staff of the various agencies represented by the members of the commission.

      Sec. 2.  1.  The commission for cultural affairs shall establish within 1 year after its formation, and revise every 2 years thereafter, a 10-year plan to:

      (a) Preserve and promote Nevada’s cultural resources; and

      (b) Develop a network of cultural centers and activities in this state.

      2.  The plan must include:

      (a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

      (b) A program for awarding financial assistance to develop a network of cultural centers and activities; and

      (c) A detailed list of the initial projects to be undertaken.

      3.  The plan must be submitted to:


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

ê1991 Statutes of Nevada, Page 1347 (Chapter 455, AB 590)ê

 

      (a) The governor;

      (b) The legislative commission; and

      (c) The state board of examiners.

      Sec. 3.  The commission for cultural affairs may, in establishing the program for awarding financial assistance:

      1.  Award financial assistance to governmental or private entities.

      2.  Establish the conditions an entity must satisfy to receive an award of financial assistance.

      3.  Specify the criteria by which proposed projects will be judged. The criteria must include, but not be limited to, a consideration of the degree to which a proposed project:

      (a) May become a recurring event without the necessity of future state financial support;

      (b) Will be accessible to the community;

      (c) Will promote tourism in the state;

      (d) Will promote or preserve some historic or prehistoric feature of Nevada;

      (e) Will have multiple uses for many types of cultural organizations;

      (f) Will supplement training in the classroom in the arts and the humanities; and

      (g) Incorporates the various disciplines directly associated with cultural resources.

      4.  Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

      Sec. 4.  1.  There is hereby created in the state treasury the fund for the preservation and promotion of cultural resources. The commission for cultural affairs is responsible for the administration of the fund. All money received and held by the state treasurer for that purpose must be deposited in the fund.

      2.  The commission may expend money in the fund only for projects identified in the commission’s plan to promote and preserve the state’s cultural resources in an amount not to exceed $2,000,000 per year. Not more than $20,000,000 may be used for this purpose in any 10-year period.

      3.  The money in the fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the fund must be credited to the fund.

      4.  Claims against the fund must be paid as other claims against the state are paid.

      Sec. 5.  1.  The state board of examiners shall issue general obligation bonds of the State of Nevada, in a face amount of not more than $20,000,000, to provide the money necessary to carry out the provisions of sections 1 to 4, inclusive, of this act.

      2.  The money raised by the issuance of the bonds authorized by this section must be deposited with the state treasurer and credited to the fund for the preservation and promotion of cultural resources.


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

ê1991 Statutes of Nevada, Page 1348 (Chapter 455, AB 590)ê

 

      3.  The bonds may be issued at one time or from time to time.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      5.  The legislature finds and declares that the issuance of bonds pursuant to this section is necessary for the protection and preservation of the cultural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      Sec. 6.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 456, SB 508

Senate Bill No. 508–Committee on Government Affairs

CHAPTER 456

AN ACT relating to state employees; providing for the testing of state employees and applicants for certain positions of state employment for the presence of alcohol and other drugs; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  It is the policy of this state to ensure that its employees do not:

      1.  Report for work in an impaired condition resulting from the use of alcohol or drugs;

      2.  Consume alcohol while on duty; or

      3.  Unlawfully possess or consume any drugs while on duty, at a work site or on state property.

      Sec. 3.  As used in sections 3 to 12, inclusive, of this act, unless the context otherwise requires:

      1.  “Employee” means a person in the classified service of the state, except:

      (a) Officers and members of the Nevada National Guard;

      (b) Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority; and

      (c) Patient and inmate help in state charitable, penal, mental and correctional institutions.

      2.  “Screening test” means a test of a person’s:

      (a) Breath or blood to detect the general presence of alcohol; or

      (b) Urine or blood to detect the general presence of a controlled substance or any other drug,

which could impair that person’s ability to perform the duties of employment safely and efficiently.

      Sec. 4.  1.  Except as otherwise provided in subsection 3, an employee who:


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

ê1991 Statutes of Nevada, Page 1349 (Chapter 456, SB 508)ê

 

      (a) Consumes or is under the influence of alcohol while on duty, unless the alcohol is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or as prescribed by a licensed physician;

      (b) Possesses, consumes or is under the influence of a controlled substance while on duty, at a work site or on state property, except as prescribed by a licensed physician; or

      (c) Consumes or is under the influence of any other drug which could interfere with the safe and efficient performance of his duties, unless the drug is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or as prescribed by a licensed physician,

is subject to disciplinary action. An appointing authority may summarily discharge an employee who, within a period of 5 years, commits a second act which would subject him to disciplinary action pursuant to this subsection.

      2.  A state agency shall refer an employee who:

      (a) Tests positive for the first time in a screening test; and

      (b) Has committed no other acts for which he is subject to termination during the course of conduct giving rise to the screening test,

to an employee assistance program. An employee who fails to accept such a referral or fails to complete such a program successfully is subject to further disciplinary action.

      3.  Subsection 1 does not apply to:

      (a) An employee who consumes alcohol in the course of his employment while hosting or attending a special event.

      (b) A peace officer who possesses a controlled substance or consumes alcohol within the scope of his duties.

      Sec. 5.  Except as otherwise provided in subsection 5 of section 7 of this act, an employee who:

      1.  Fails to notify his supervisor as soon as possible after consuming any drug which would interfere with the safe and efficient performance of his duties;

      2.  Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 of section 7 of this act; or

      3.  After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by his appointing authority, that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name,

is subject to disciplinary action.

      Sec. 6.  1.  If an employee informs his appointing authority that he has consumed any drug which could interfere with the safe and efficient performance of his duties, the appointing authority may require the employee to obtain clearance from his physician before he continues to work.

      2.  If an appointing authority reasonably believes, based upon objective facts, that an employee’s ability to perform his duties safely and efficiently:

      (a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether he has consumed any alcohol or other drugs and, if so:


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

ê1991 Statutes of Nevada, Page 1350 (Chapter 456, SB 508)ê

 

             (1) The amount and types of alcohol or other drugs consumed and the time of consumption; and

             (2) If a controlled substance was consumed, the name of the person who prescribed its use.

      (b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport him or cause him to be transported safely away from his place of employment in accordance with regulations adopted by the director.

      Sec. 7.  1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing his ability to perform his duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol, drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against him; and

             (3) That he may refuse the test, but that his refusal may result in his dismissal or in other disciplinary action being taken against him.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of his duties, he discharges a firearm, other than by accident; or

      (b) During the performance of his duties, drives a motor vehicle in such a manner as to cause bodily injury to himself or another person or substantial damage to property.

For the purposes of this subsection, the director shall, by regulation, define the term “substantial damage to property.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until it receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test, allow the employee to obtain at his expense an independent screening test from a laboratory of his choice which is certified by the National Institute on Drug Abuse; and

      (b) Provide the employee with the written results of his screening test within 3 working days after it receives those results.

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      Sec. 8.  1.  Each appointing authority shall, subject to the approval of the commission, determine whether each of its positions of employment affect the public safety. The appointing authority shall not hire an applicant for such a position unless he submits to a screening test.


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

ê1991 Statutes of Nevada, Page 1351 (Chapter 456, SB 508)ê

 

position unless he submits to a screening test. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.

      2.  An appointing authority may consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance, the appointing authority shall not hire the applicant unless he provides within 72 hours after being requested by the appointing authority, proof that he had taken the controlled substance as directed pursuant to a current and lawful prescription issued in his name.

      3.  An appointing authority shall, at the request of an applicant, provide him with the results of his screening test.

      Sec. 9.  1.  A screening test must be:

      (a) Conducted by an independent laboratory which is certified by the National Institute on Drug Abuse; and

      (b) Administered in such a manner as to protect the person tested from any unnecessary embarrassment.

      2.  Except as otherwise provided in subsection 3, a sample of urine provided for use in a screening test must not be used for any test or purpose without the prior written consent of the person providing the sample. The appointing authority shall ensure that the person retains possession and control of his sample until it is appropriately tagged and sealed with tamper-proof tape.

      3.  If the results of a screening test indicate the presence of alcohol or any drug which could impair a person’s ability to perform the duties of employment safely and efficiently:

      (a) The laboratory shall conduct another test of the same sample of urine to ascertain the specific substances and concentration of those substances in the sample; and

      (b) The appointing authority shall provide the person tested with an opportunity to have the same sample tested at his expense by the laboratory of his choice.

      Sec. 10.  The results of a screening test taken pursuant to sections 3 to 12, inclusive, of this act are confidential and:

      1.  Are not admissible in a criminal proceeding against the person tested;

      2.  Must be securely maintained by the appointing authority or his designated representative separately from other files concerning personnel; and

      3.  Must not be disclosed to any person, except:

      (a) Upon the written consent of the person tested;

      (b) As required by medical personnel for the diagnosis or treatment of the person tested, if he is physically unable to give his consent to the disclosure;

      (c) As required pursuant to a properly issued subpena;

      (d) When relevant in a formal dispute between the appointing authority and the person tested; or

      (e) As required for the administration of a plan of benefits for employees.

      Sec. 11.  The department shall provide training in the provisions of sections 3 to 12, inclusive, of this act to employees of appointing authorities whose duties include the supervision of other employees.


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

ê1991 Statutes of Nevada, Page 1352 (Chapter 456, SB 508)ê

 

      Sec. 12.  The director shall adopt such regulations as are necessary to carry out the purposes of sections 2 to 11, inclusive, of this act.

 

________

 

 

CHAPTER 457, SB 463

Senate Bill No. 463–Senator Titus

CHAPTER 457

AN ACT relating to elections; authorizing a representative of a political party to examine the pollbook during an election to determine the registered voters who have not voted in the election; authorizing the state central committee of a major political party to request a list of registered voters from a county clerk; limiting the number of supplemental lists of registered voters a county clerk is required to provide each year to a state or county central committee; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The county clerk of each county shall allow not more than one representative from each political party for each precinct at a polling place to examine the pollbook four times during an election to determine the registered voters in that precinct who have not voted in the election. The examination of the pollbook must not interfere with the conduct of the election.

      2.  Each person who is authorized by a political party to examine the pollbooks shall provide proof of identity and a written statement from the county central committee which authorizes him to represent that political party at the polling place.

      Sec. 2.  NRS 293.273 is hereby amended to read as follows:

      293.273  1.  Except as provided in subsection 2 and NRS 293.305, at all elections held under the provisions of this Title, the polls must open at 7 a.m. and close at 7 p.m.

      2.  Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes must begin and continue without unnecessary delay until the count is completed.

      3.  Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.

      4.  No person other than election board officers engaged in receiving, preparing or depositing ballots may be permitted inside the guardrail during the time the polls are open, except to examine a pollbook pursuant to section 1 of this act or by authority of the election board as necessary to keep order and carry out the provisions of this Title.


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

ê1991 Statutes of Nevada, Page 1353 (Chapter 457, SB 463)ê

 

      Sec. 3.  NRS 293.440 is hereby amended to read as follows:

      293.440  1.  Any person who desires a copy of any list of the registered voters in any precinct, district or county and who provides an assurance that the list will be used only for purposes relating to elections, may obtain a copy by applying at the office of the county clerk and paying therefor a sum of money equal to one cent per name on the list, [but] except that one copy of each original and supplemental list for each precinct, district or county must be provided to the state and county central committee of any major political party, upon request, without charge.

      2.  The copy of the list provided pursuant to this section must indicate each voter’s address, date of birth, telephone number and the serial number of his affidavit of registration. If the county maintains this information in a computer data base, the date of each addition and revision made on or after July 1, 1989, to an entry must be included in the data base and on any resulting list of the information. The date must be expressed numerically in the order of year, month and date.

      3.  A county may not pay more than 10 cents per folio or more than $6 per thousand copies for printed lists for a precinct or district.

      4.  A county which has a system of computers capable of recording information on magnetic tape shall, upon request of the state or county central committee of any major political party, record for that central committee on magnetic tape supplied by it [the] :

      (a) The list of registered voters and the information required in subsection 2 [.] ; and

      (b) Not more than four times per year, as requested by the committee:

             (1) A complete list of the registered voters with a notation for each such entry of the date on which the entry or the latest change in the information was made; or

             (2) A list that includes additions and revisions made to the list of registered voters after a date specified by the central committee.

 

________

 

 

CHAPTER 458, SB 111

Senate Bill No. 111–Committee on Natural Resources

CHAPTER 458

AN ACT relating to the state department of agriculture; placing the director of the division of animal industry in the unclassified service; placing the director of the division of plant industry in the unclassified service; providing for the removal of the directors of certain divisions of the department with the approval of the state board of agriculture; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.205 is hereby amended to read as follows:

      561.205  The director of the division of animal industry must be appointed on the basis of merit and is in the [classified] unclassified service. He must be a graduate of a veterinary school or college approved by the American Veterinary Medical Association, and have at least 5 years’ experience in official [livestock disease regulatory and control work.]


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

ê1991 Statutes of Nevada, Page 1354 (Chapter 458, SB 111)ê

 

a graduate of a veterinary school or college approved by the American Veterinary Medical Association, and have at least 5 years’ experience in official [livestock disease regulatory and control work.] work for regulating and controlling diseases in livestock. The executive director may remove the director of the division of animal industry from his office with the approval of the board.

      Sec. 2.  NRS 561.209 is hereby amended to read as follows:

      561.209  The director of the division of brand inspection [shall] must be appointed by the executive director on the basis of merit, and [he shall be] is in the unclassified service. The executive director may remove the director of the division of brand inspection from his office with the approval of the board.

      Sec. 3.  NRS 561.214 is hereby amended to read as follows:

      561.214  The director of the division of plant industry must be appointed on the basis of merit and is in the [classified] unclassified service. He must be a graduate of an accredited college or university with a major in one of the agricultural sciences, and have at least 5 years’ experience in official [agricultural regulatory work.] work for regulating agriculture. The executive director may remove the director of the division of plant industry from his office with the approval of the board.

      Sec. 4.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 459, AB 787

Assembly Bill No. 787–Committee on Ways and Means

CHAPTER 459

AN ACT relating to parole; increasing the number of members of the state board of parole commissioners; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.108 is hereby amended to read as follows:

      213.108  1.  The state board of parole commissioners is hereby created.

      2.  The board consists of [five] six members appointed by the governor.

      3.  A chairman of the board must be appointed by the governor. The chairman is the executive officer of the board and shall administer its activities and services and [be] is responsible for its management except as otherwise provided in NRS 213.1085.

      4.  Except as otherwise provided in subsection 5 [,] and NRS 213.133, a decision on any issue before the board, concurred in by two or more members, is the decision of the board.

      5.  Any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a life sentence; or

      (c) Whose sentence has been commuted by the state board of pardons commissioners, is the decision of the board if it is concurred in by [two] three members and ratified by a [third.]


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

ê1991 Statutes of Nevada, Page 1355 (Chapter 459, AB 787)ê

 

is the decision of the board if it is concurred in by [two] three members and ratified by a [third.] fourth member.

      Sec. 2.  As soon as practicable after July 1, 1991, the governor shall appoint to the state board of parole commissioners one member who initial term expires on June 30, 1993.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 460, AB 785

Assembly Bill No. 785–Committee on Ways and Means

CHAPTER 460

AN ACT relating to parolees; increasing the cash balance of the parolees’ revolving loan account; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 213.145 is hereby amended to read as follows:

      213.145  1.  A parolees’ revolving loan account in the sum of [$2,500] $4,500 is hereby created for the use of the board.

      2.  The account must be under the control of the chief parole and probation officer, who shall use the account to provide loans to individual parolees in an amount not to exceed $300 to assist in purchasing job tools or equipment, transportation to home or job or for food and rent until a steady income can be obtained. These loans may be made at a rate of interest not to exceed 4 percent.

      3.  Terms of repayment must be established at the time of making the loan but the chief parole and probation officer may alter the terms if the best interests of the parolee and the state would be served by doing so. Willful failure to make payments on the loan is a ground, in the discretion of the board, for revocation of parole.

      4.  The account is nonreverting, except to the extent that the cash balance of the account exceeds [$2,500] $4,500 at the end of each fiscal year, the excess cash must be credited to the state general fund.

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

 

________


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

ê1991 Statutes of Nevada, Page 1356ê

 

CHAPTER 461, AB 721

Assembly Bill No. 721–Committee on Ways and Means

CHAPTER 461

AN ACT relating to emissions from motor vehicles; increasing the fee paid to the department of motor vehicles and public safety for certain forms issued to fleet stations; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.700 is hereby amended to read as follows:

      445.700  1.  In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control fund which is hereby created as a special revenue fund:

      (a) For the issuance and annual renewal of license for an authorized station or a fleet station.......................................................................................................................      $25.00

      (b) For each set of 25 forms certifying emission control compliance [75]      87.50

      (c) For each form issued to a fleet station.............................................. [3]        3.50

      2.  Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive.

      3.  The department of motor vehicles and public safety may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including maximum charges for those fees, and for the posting of those fees in a conspicuous place at the authorized station.

      4.  The department of motor vehicles and public safety may by regulation establish a program to award grants of excess money in the pollution control fund to air pollution control agencies established pursuant to NRS 445.456 or 445.546. As used in this subsection, “excess money” means the money in excess of $500,000 remaining in the pollution control fund at the end of the fiscal year.

      5.  Any regulations adopted pursuant to subsection 4 must provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

      (a) Review applications for grants and make recommendations for their approval, rejection or modification;

      (b) Establish goals and objectives for the program for control of emissions from motor vehicles;

      (c) Identify areas where funding should be made available; and

      (d) Review and make recommendations concerning regulations adopted pursuant to subsection 4 or NRS 445.630.

      6.  Grants proposed pursuant to subsections 4 and 5 must be submitted to the chief of the registration division of the department of motor vehicles and public safety and the administrator of the division of environmental protection of the state department of conservation and natural resources. Proposed grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.


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

ê1991 Statutes of Nevada, Page 1357 (Chapter 461, AB 721)ê

 

grants approved by the chief and the administrator must not be awarded until approved by the interim finance committee.

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

 

________

 

 

CHAPTER 462, AB 713

Assembly Bill No. 713–Committee on Ways and Means

CHAPTER 462

AN ACT making an appropriation to the state department of conservation and natural resources for certain costs of litigation involving the stream system of the Truckee River and for costs related to consultants on the administration of water resources statewide; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

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 state department of conservation and natural resources the sum of $200,000 for certain costs of litigation involving the stream system of the Truckee River and for consulting experts in the administration of water resources statewide.

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

 

________

 

 

CHAPTER 463, AB 447

Assembly Bill No. 447–Committee on Ways and Means

CHAPTER 463

AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for the purchase of certain equipment; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of forestry of the state department of conservation and natural resources the sum of $1,146,050 for the purchase of:

      1.  Communications equipment..................................................................... $101,050

      2.  Honor camp equipment............................................................................. $595,000

      3.  An aircraft and related equipment .......................................................... $450,000

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1991 Statutes of Nevada, Page 1358 (Chapter 463, AB 447)ê

 

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

 

________

 

 

CHAPTER 464, AB 446

Assembly Bill No. 446–Committee on Ways and Means

CHAPTER 464

AN ACT making an appropriation to the division of plant industry of the state department of agriculture for expenses relating to the purchase of a replacement vehicle and support equipment for the transportation of weights and measures statewide; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of plant industry of the department of agriculture the sum of $125,000 for payment of expenses relating to the purchase of a replacement vehicle and support equipment for the transportation of weights and measures statewide.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

________

 

 

CHAPTER 465, AB 421

Assembly Bill No. 421–Committee on Health and Welfare

CHAPTER 465

AN ACT relating to the protection of children; authorizing the appointment of a panel of citizens to conduct a periodic review of the placement of a child in need of protection; authorizing a court to place such a child in the permanent custody of a suitable relative; authorizing the court to dispense with certain hearings to review the disposition of the case if the permanent placement of the child has been approved by the court; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  For the purposes of conducting the semiannual review required by NRS 432B.580, the judge or judges of the court may by mutual consent appoint a panel of three or more persons. The persons so appointed shall serve without compensation and at the pleasure of the court.


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

ê1991 Statutes of Nevada, Page 1359 (Chapter 465, AB 421)ê

 

      Sec. 3.  1.  If the permanent placement of a child has been approved by the court, the court may enter an order dispensing with the annual hearings otherwise required by NRS 432B.590. The order must indicate that the plan for the placement of the child provides for his permanent placement in the home of a specific relative, foster parent or adoptive parent, unless the court determines that identification of that person would create a risk of harm to the child.

      2.  If the child is subsequently removed from his permanent placement or the plan for his permanent placement is subsequently changed, the agency acting as the custodian of the child shall notify the court within 30 days after the removal or change. The court shall, after receiving the notification, resume the annual hearings required by NRS 432B.590. The court shall review the permanent placement of the child not later than 6 months after the date of the removal of the child or the change in the plan, whichever is earlier.

      Sec. 4.  NRS 432B.550 is hereby amended to read as follows:

      432B.550  1.  If the court finds that the child is in need of protection, it shall determine whether reasonable efforts were made by the agency which provides protective services to prevent or eliminate the need for his removal from his home and to facilitate his return to his home. The court may, by its order, after receipt and review of the report from the agency which provides protective services:

      (a) Permit the child to remain in the custody of his parents or guardian with or without supervision by the court or a person or agency designated by the court, upon such conditions as the court may prescribe;

      (b) Place him in the temporary or permanent custody of a relative who the court finds suitable to receive and care for him with or without supervision, upon such conditions as the court may prescribe;

      (c) Place him in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department or a private agency or institution licensed by the department of human resources to care for such a child; or

      (d) Commit him to the custody of the superintendent of the northern Nevada children’s home or the superintendent of the southern Nevada children’s home, in accordance with chapter 423 of NRS.

      2.  If, pursuant to subsection 1, a child is placed other than with a parent, the parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of his rights.

      3.  If, pursuant to subsection 1, the child is to be placed with a relative, the court may consider, among other factors, whether the child has resided with a particular relative for 3 years or more before the incident which brought the child to the court’s attention.

      4.  A copy of the report prepared for the court by the agency which provides protective services must be sent to the custodian and the parent or legal guardian.


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

ê1991 Statutes of Nevada, Page 1360 (Chapter 465, AB 421)ê

 

      Sec. 5.  NRS 432B.580 is hereby amended to read as follows:

      432B.580  1.  [If] Except as otherwise provided in this section, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to section 2 of this act.

      2.  [The] An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court , or to the panel if it has been designated to review the matter, which includes an evaluation of the progress of the child and his family and any recommendations for further supervision, treatment or rehabilitation. A copy of the report must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.

      3.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or the custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to [the court.] it.

      4.  Notice of the hearing must be given by registered or certified mail to all parties of any of the prior proceedings, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

      5.  The court or panel may require the presence of the child at the hearing.

      6.  The court or panel shall review:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

      (d) The date the child may be returned to his home or placed for adoption or under a legal guardianship.

      Sec. 6.  NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  [The] Except as otherwise provided in section 3 of this act, the court shall hold a hearing concerning the permanent placement of the child no later than 18 months after the [hearing on the disposition held pursuant to subsection 5 of NRS 432B.530] most recent removal of the child from his home and annually thereafter. Notice of this hearing must be given by registered or certified mail to all parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

      2.  The court may require the presence of the child at the hearing.

      3.  At the hearing the court shall establish a plan for the permanent placement of the child and determine whether:

      (a) The child should be returned to his parents or other relatives;

      (b) The child’s placement in the foster home or other similar institution should be continued; or

      (c) In the best interests of the child, proceedings to [terminate] :


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

ê1991 Statutes of Nevada, Page 1361 (Chapter 465, AB 421)ê

 

             (1)  Terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption; or [to establish]

             (2) Establish a guardianship pursuant to chapter 159 of NRS ,

should be initiated.

      4.  This hearing may take the place of the hearing for review required [under] by NRS 432B.580.

 

________

 

 

CHAPTER 466, AB 312

Assembly Bill No. 312–Assemblyman Carpenter

CHAPTER 466

AN ACT relating to the Elko Convention and Visitors Authority; revising the provisions governing the membership of the governing body; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 8 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 564, Statutes of Nevada 1989, at page 1194, is hereby amended to read as follows:

       Sec. 8.  1.  The Authority must be governed by a Board of Governors consisting of five members appointed or elected as follows:

       (a) [Two members] One member appointed by the board of supervisors of the City of Elko, [both of whom must be current members] who must be a current member of the board of supervisors;

       (b) One member appointed by the board of county commissioners of Elko County, who must be a current member of the board of county commissioners;

       (c) Two members elected at large, who must reside within the City of Elko and within the boundaries of the Authority [, appointed by those members appointed pursuant to paragraphs (a) and (b).] ; and

       (d) One member elected at large, who must reside outside the City of Elko but within the boundaries of the Authority.

       2.  Subject to the provisions of [subsections 4 and 6,] subsection 3, the terms of those [elected officers] members appointed pursuant to paragraphs (a) and (b) of subsection 1 [,] are coterminous with their respective terms in their specified elective offices.

       3.  [Subject to the provisions of subsections 4 and 6, the terms of the other members of the Board are 4 years.

       4.  Any member of the Board appointed pursuant to paragraph (c) of subsection 1 may be reappointed to not more than two additional, consecutive terms.] Those members appointed pursuant to paragraph (a) or (b) of subsection 1 may be removed by the appointing board with or without cause. [Those members appointed pursuant to paragraph (c) of subsection 1 may be removed by the vote of three other members of the Board with or without cause.


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

ê1991 Statutes of Nevada, Page 1362 (Chapter 466, AB 312)ê

 

subsection 1 may be removed by the vote of three other members of the Board with or without cause.

       5.] 4.  Any vacancy occurring among the members of the Board appointed under paragraph (a) or (b) of subsection 1 [,] must be filled promptly by the board which appointed the member whose position has become vacant. Any vacancy occurring among the members of the board [appointed under] elected pursuant to paragraph (c) or (d) of subsection 1 must be filled promptly by [the members of the Board who were appointed under paragraphs (a) and (b).

       6.] appointment by the board of county commissioners of Elko County. The member appointed by the board of county commissioners to fill a vacancy in a position created pursuant to paragraph (c) or (d) must not be a member of the board of county commissioners but must meet the residency requirements for the vacant position.

       5.  If a member elected pursuant to paragraph (c) or (d) of subsection 1 or appointed to fill a vacancy in a position created pursuant to one of those paragraphs ceases to reside in the area [he was appointed to represent,] specified in the paragraph under which he was elected or appointed, he is automatically disqualified from serving on the Board. A disqualified member’s position must be filled by the prompt appointment of a successor [by:

       (a) The board which originally appointed the member removed, if he was appointed under paragraph (a) or (b) of subsection 1;

       (b) Those members appointed under paragraphs (a) and (b), if the member removed was appointed under paragraph (c) of subsection 1.

       7.] in the manner specified in subsection 4.

       6.  The term of a person appointed to fill a vacancy is the unexpired term of the member he replaces.

       7.  A general authority election must be held in conjunction with the general election in 1992 and with such elections every 2 years thereafter. The three members of the Board described in paragraphs (c) and (d) of subsection 1 must be elected at the general authority election in 1992. The offices created pursuant to those paragraphs are nonpartisan. Each candidate for one of these offices must file an affidavit of candidacy with the county clerk not earlier than January 1 preceding the election and not later than 5 p.m. on the third Friday in August of the year of the election. The terms of office of the members described in paragraphs (c) and (d) of subsection 1 are 4 years, except that, the initial term of office of one of the members described in paragraph (c) of subsection 1 is 2 years. The county clerk shall designate the seat which will have an initial term of 2 years before any candidate files an affidavit of candidacy for the election. The period for registering to vote in the general authority election must be closed on the 30th calendar day preceding the date of the election. All persons who are qualified to vote at general elections in this state and reside within the boundaries of the authority upon the date of the close of registration are entitled to vote at the general authority election. The Board shall reimburse the county clerk for all costs of each general authority election. Except as otherwise provided in this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.


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

ê1991 Statutes of Nevada, Page 1363 (Chapter 466, AB 312)ê

 

this subsection, a general authority election must be carried out in the same manner as provided for other general elections in Title 24 of NRS.

      Sec. 2.  Section 9 of chapter 227, Statutes of Nevada 1975, as last amended by chapter 564, Statutes of Nevada 1989, at page 1196, is hereby amended to read as follows:

       Sec. 9.  1.  The Board shall adopt a seal, establish a principal place of business and adopt, and thereafter from time to time amend, if necessary, appropriate rules and regulations not inconsistent with this act for carrying on the business and affairs of the Board and of the Authority. Each member shall, upon election or acceptance of his appointment, file with the Clerk of Elko County his oath of office.

       2.  No member may receive any compensation as an employee of the Board or otherwise, and a member of the Board shall not be interested in any contract or transaction with the Board except in his official representative capacity.

       3.  [In January of each odd-numbered year,] At the first meeting of the Board following each general authority election, the Board shall choose one of its members as chairman and one of its members as vice chairman, and shall appoint or hire a secretary and a treasurer, who must not be members of the Board. The secretary and treasurer may not be one person.

       4.  The secretary shall keep a record of all of the proceedings of the Board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the Board. The minute book and records are open to the inspection of all interested persons, at all reasonable times and places.

       5.  The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the Board. The treasurer shall file with the County Clerk, at the Authority’s expense, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of the treasurer.

       6.  The board [may] shall appoint the Elko County treasurer and auditor to act as treasurer and auditor of the Authority. The treasurer and auditor may employ such persons as are necessary to carry out the duties of the treasurer and auditor of the Authority. The Board shall determine the salary of each person employed pursuant to this subsection. The salaries and expenses of the employees must be paid by the Board from the money of the Authority.

       7.  The Board shall meet regularly at a time and in a place to be designated by it. Special meetings may be held as often as the needs of the Board require, on notice to each Board member.

       8.  The Board may require from an officer or employee of the Authority, except a member of the Board, sufficient security for the faithful and honest performance of his duties. A blanket fidelity bond or blanket position bond, or other type of bond suitable for public employees or officers, may be furnished at the expense of the Authority for an officer or employee of the Authority, in an amount set by the Board and conditioned on the faithful and honest performance of his duties.


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

ê1991 Statutes of Nevada, Page 1364 (Chapter 466, AB 312)ê

 

      Sec. 3.  1.  The terms of the members of the Board of Governors of the Elko Convention and Visitors Authority who are serving on July 1, 1991, expire on that date.

      2.  As soon as practicable after July 1, 1991:

      (a) The board of supervisors of the City of Elko and the board of county commissioners of Elko County shall appoint members pursuant to paragraphs (a) and (b), respectively, of subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as amended by this act; and

      (b) The board of county commissioners of Elko County shall appoint members who meet the residency requirements of paragraphs (c) and (d) of subsection 1 of section 8 of chapter 227, Statutes of Nevada 1975, as amended by this act, to terms that expire upon the qualification of their successors, who must be elected at the general authority election in 1992.

      Sec. 4.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 467, AB 261

Assembly Bill No. 261–Committee on Education

CHAPTER 467

AN ACT relating to education; allowing temporary suspension of pupils in program of special education without approval of board of trustees of school district; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this [subsection,] section, any pupil who commits a battery which results in the bodily injury of an employee of the school or sells or distributes any controlled substance, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school.

      2.  Except as otherwise provided in [subsection 3,] this section, any pupil who is found in possession of a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from the school, although he may be placed in another kind of school for a period not to exceed the equivalent of one semester for that school. For a second occurrence, he must be permanently expelled from the school, but he may be required to attend another kind of school.

      3.  Subsection 2 does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.


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

ê1991 Statutes of Nevada, Page 1365 (Chapter 467, AB 261)ê

 

may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      4.  Any pupil in grades 1 to 6, inclusive, [or any pupil who is participating in a program of special education for children who are impaired, either emotionally or mentally in growth and development,] may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action [.] in accordance with the procedural policy adopted by the board for such issues.

      5.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsections 1 and 2.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Education of the Handicapped Act (20 U.S.C. §§ 1400 et seq.).

      6.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance or device, dirk, dagger, pistol, revolver or other firearm, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350.

      Sec. 2.  NRS 392.467 is hereby amended to read as follows:

      392.467  1.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district.

      2.  [No] Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.

      3.  The provisions of chapter 241 of NRS do not apply to any hearing conducted under this section. Such hearings must be closed to the public.

      4.  The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.


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

ê1991 Statutes of Nevada, Page 1366 (Chapter 467, AB 261)ê

 

solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.

      5.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Education of the Handicapped Act (20 U.S.C. §§ 1400 et seq.).

 

________

 

 

CHAPTER 468, SB 544

Senate Bill No. 544–Senators Rawson, Hickey and Coffin

CHAPTER 468

AN ACT relating to education; authorizing a reduction in the minimum number of school days in a school district with a 12-month school program if an equivalent or greater number of hours of instruction are provided; and providing other matters properly relating thereto.

 

[Approved June 26, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 388.090 is hereby amended to read as follows:

      388.090  1.  Except as otherwise permitted pursuant to this section, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

      2.  The superintendent of public instruction may upon application by the board of trustees authorize a reduction of not more than 10 school days in a particular district to establish or maintain a 12-month school program [.] if the board of trustees demonstrates that the proposed schedule provides for an equivalent or greater number of hours of instruction.

      3.  Each school district shall schedule at least 3 contingent days of school in addition to the [180] number of days required by [subsection 1,] this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district.

      4.  If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district, the superintendent of public instruction, upon application by the school district, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.


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

ê1991 Statutes of Nevada, Page 1367 (Chapter 468, SB 544)ê

 

      5.  The state board of education shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district.

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

 

________

 

 

CHAPTER 469, SB 526

Senate Bill No. 526–Committee on Natural Resources

CHAPTER 469

AN ACT relating to water; authorizing the state engineer to require additional studies before approving an application to transfer water; authorizing the state engineer to issue temporary permits; providing a tax for the transfer of certain water; providing for a plan to mitigate adverse economic effects of transferring water; and providing other matter properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  If the state engineer determines that a hydrological study, an environmental study or any other study is necessary before he makes a final determination on an application pursuant to NRS 533.370 and the applicant, a governmental agency or other person has not conducted such a study or the required study is not available, the state engineer shall advise the applicant of the need for the study and the type of study required.

      2.  The required study must be conducted by the state engineer or by a person designated by him, the applicant or a consultant approved by the state engineer, as determined by the state engineer.

      3.  The applicant shall bear the cost of a study required pursuant to subsection 1. A study must not be conducted by the state engineer of by a person designated by him until the applicant has paid a cash deposit to the state engineer which is sufficient to defray the cost of the study.

      4.  The state engineer shall:

      (a) Consult with the applicant and the governing body of the county or counties in which the point of diversion and the place of use is located concerning the scope and progress of the study.

      (b) Send a copy of the completed study to all attorneys of record, to a public library, if any, or other public building located in the county of origin, to the county or counties in which the point of diversion and the place of use is located and to the governing bodies of the county of origin and of the county or counties in which the point of diversion and the place of use is located.

      5.  The state engineer may adopt regulations to carry out the provisions of this section.


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

ê1991 Statutes of Nevada, Page 1368 (Chapter 469, SB 526)ê

 

      Sec. 3.  1.  All money collected pursuant to subsection 3 of section 2 of this act must be deposited with the state treasurer for credit to a special account for studies concerning water.

      2.  The interest and income earned on the money in the account for studies concerning water, after deducting any applicable charges, must be credited to the account.

      3.  The money received pursuant to subsection 3 of section 2 of this act must be used to defray the cost of conducting the studies required pursuant to subsection 1 of section 2 of this act. Any money paid by an applicant that exceeds the amount required to conduct a study must be refunded to the applicant.

      4.  Any balance remaining in the account does not revert to the state general fund at the end of the fiscal year.

      Sec. 4.  The state engineer shall reject the application and refuse to issue a permit to appropriate water for a specified period if he determines that:

      1.  The application is incomplete;

      2.  The prescribed fees have not been paid;

      3.  The proposed use is not temporary;

      4.  There is no water available from the proposed source of supply without exceeding the perennial yield or safe yield of that source;

      5.  The proposed use conflicts with existing rights; or

      6.  The proposed use threatens to prove detrimental to the public interest.

      Sec. 5.  1.  If a county of origin has not imposed a tax on the transfer of water pursuant to section 6 of this act, an applicant and the governing body of the county of origin may execute a plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county. If such a plan is executed, the plan is binding on the county of origin and the applicant or his successor.

      2.  A plan to mitigate the adverse economic effects caused by the transfer of water from the county of origin to another county may include, but is not limited to, provisions concerning:

      (a) The reservation of designated water rights to the county of origin; and

      (b) Compensation for the foreseeable effects of the transfer.

      3.  If a plan is executed pursuant to subsection 1, the applicant shall submit the plan to the state engineer. The state engineer may modify a plan executed pursuant to subsection 1 if a provision of the plan:

      (a) Violates a specific statute; or

      (b) Becomes impossible or impracticable to put into effect.

      Sec. 6.  1.  If an application or applications to appropriate ground water would result in the transfer of water to be used in a county in this state other than the county in which the water is to be appropriated or in another state, the county of origin may impose a tax of $6 per acre-foot per year on the transfer.

      2.  All money collected from this tax must be deposited in a trust fund for the county. The principal and interest of the trust fund for the county. The principal and interest of the trust fund may be used by the county only for the purposes of economic development, health care and education.

      3.  For the purposes of this section, if a basin includes land lying in more than one county each county any part of whose land is included is a county of origin to the extent of the proportionate amount of water transferred from it.


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

ê1991 Statutes of Nevada, Page 1369 (Chapter 469, SB 526)ê

 

origin to the extent of the proportionate amount of water transferred from it. The state engineer shall determine the respective proportions.

      4.  As used in this section:

      (a) A “basin” is one designated by the state engineer for the purposes of chapter 534 of NRS.

      (b) “Origin” means the place where water is taken from underground.

      Sec. 7.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in NRS 533.345 and 533.372 and this section and [subsection 5] section 4 of this act, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees; and

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the district’s efficiency in its delivery or use of water.

      2.  Except as otherwise provided in subsection 5, the state engineer shall either approve or reject each application within 1 year after the final date for filing protest. However:

      (a) Action can be postponed by the state engineer upon written authorization to do so by the applicant or, in case of a protested application, by both the protestant and the applicant; and

      (b) In areas where studies of water supplies are being made or where court actions are pending, the state engineer may withhold action until it is determined there is unappropriated water or the court action becomes final.

      3.  Except as otherwise provided in subsection 5, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interest, the state engineer shall reject the application and refuse to issue the permit asked for. Where a previous application for a similar use of water within the same basin has been rejected on these grounds, the new application may be denied without publication.

      4.  The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. If the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.

      5.  The provisions of subsections 1, 2 and 3 do not apply to an application for an environmental permit.

      Sec. 8.  Section 7 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 1370ê

 

CHAPTER 470, SB 457

Senate Bill No. 457–Committee on Taxation

CHAPTER 470

AN ACT relating to taxation; providing an exemption for certain systems used to convert solar energy into electricity; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

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:

      1.  All property, both real and personal, is exempt from taxation to the extent that the property is used as an active system to utilize solar energy. If such a system is installed in a building used primarily for another purpose, any value added by the system to the building must be excluded from the assessed value of the building.

      2.  As used in this section, an “active system to utilize solar energy” is one which uses solar devices thermally isolated from the area where the energy is used and includes all the equipment used to collect and store solar energy, and to convert this energy into electricity, if the energy is used for:

      (a) Heating water for domestic, recreational, therapeutic or commercial use;

      (b) Heating or cooling air;

      (c) Production of electricity;

      (d) Industrial heating; or

      (e) Mechanical energy.

      Sec. 2.  NRS 361.079 is hereby amended to read as follows:

      361.079  1.  As used in this section, “qualified system” means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential, commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:

      (a) [Solar or wind energy;] Energy from the wind or from solar devices not thermally insulated from the area where the energy is used;

      (b) Geothermal resources;

      (c) Energy derived from conversion of solid wastes; or

      (d) Water power,

from conforms to standards established by regulation of the department.

      2.  For any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.

      Sec. 3.  This act becomes effective on July 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 1371ê

 

CHAPTER 471, AB 455

Assembly Bill No. 455–Committee on Government Affairs

CHAPTER 471

AN ACT relating to the control of floods; clarifying the authority of districts for the control of floods to establish standards and criteria for the design of systems for drainage; limiting the approval required for projects for the control of floods; allowing counties in certain circumstances to borrow money and issue securities for purposes relating to the control of floods; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 543.360 is hereby amended to read as follows:

      543.360  The board may:

      1.  By the affirmative vote of two-thirds of its members, acquire, construct, improve, extend, maintain and operate:

      (a) Projects and improvements for the control of flood and storm waters of the district and the flood and storm waters of streams which have their sources outside of the district but flow into the district. Such a project or improvement must not be acquired unless it is included in the master plan.

      (b) Projects which mitigate the adverse effect of the acquired projects.

      (c) Projects which are required as a result of the proposed alteration or diversion of a natural watercourse identified in the master plan for the control of drainage.

[A] Unless unanimously approved by the board and the governing body of the local government in whose jurisdiction the project or improvement is located, a project or improvement must not be acquired unless it is first approved by an agreement among the county and all the cities all or part of whose territory is included in the hydrographic area which specifically identifies it, contains an estimate of its cost, and shows its relation to the master plan.

      2.  Conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing them to percolate into the soil within or without the district.

      3.  Save and conserve in any manner all or any of such waters and protect from floods or storm waters the watercourses, watersheds, public highways, life and property in the district.

      4.  Prevent waste of water or diminution of the water supply in, or the exportation of water from, the district.

      5.  Obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use of the district.

      Sec. 2.  NRS 543.460 is hereby amended to read as follows:

      543.460  The board [shall have the power:

      1.  To carry] may:

      1.  Carry on technical and other investigations of all kinds.

      2.  [To make] Make measurements, collect data [,] and make analyses, studies and inspections pertaining to the control of floods and the use of floodwater.

      3.  [To engage] Engage in research.


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

ê1991 Statutes of Nevada, Page 1372 (Chapter 471, AB 455)ê

 

      4.  [To participate] Participate or cooperate with local, state and federal agencies or private or public corporations in the development of such new techniques or processes as may apply to the field of water management, both within and without the district.

      5.  Establish standards and criteria concerning the design of systems for drainage.

      Sec. 3.  NRS 543.595 is hereby amended to read as follows:

      543.595  1.  The board shall adopt uniform regulations for the control of drainage, in accordance with the master plan, from land which is developed after the regulations become effective. The regulations may include provisions for the granting of a variance by the board upon application by the governmental entity having jurisdiction and a showing of conditions which justify the variance. The board may grant a variance from the strict enforcement of the uniform regulations for that piece of property if the granting of the variance will not cause [a:] any:

      (a) Detriment to the public good;

      (b) Impairment of any affected natural resources; or

      (c) Deviation from the intent and purpose of the district’s master plan.

      2.  Before granting such a variance, the board [shall] must consider the effect of the proposed variance on the adjacent property, the entire hydrographic area and the continued implementation of the master plan.

      3.  On and after July 1, 1987, a county or city is not eligible to receive money, from the regional fund for the control of floods, for the acquisition of a project or improvement unless it has incorporated these regulations in its ordinances governing the subdivision of land, parcel maps, and division of land into large parcels. The county or city is then responsible for their enforcement, but the county or any city may bring an action against any of the others to compel enforcement in the latter’s territory.

      4.  The board may also require as a condition of granting money to a county or city that the recipient comply with [uniform] the standards and criteria developed by the board concerning the design of systems for drainage and with the policies established by the board for the design, construction, operation and maintenance of a project or improvement.

      Sec. 4.  NRS 543.597 is hereby amended to read as follows:

      543.597  1.  The district’s chief engineer or any governmental entity may propose to [add to or change the district’s master plan. Any such proposal] :

      (a) Change the size, type or alignment of a facility on the district’s master plan; or

      (b) Amend the district’s master plan. A proposed amendment must be submitted to the district.

      2.  Upon receipt of [such a proposal,] a change proposed pursuant to paragraph (a) of subsection 1, the board shall hold a public hearing to consider the adoption of the change. With the approval of two-thirds of its members, the board may adopt any proposed change which:

      (a) Is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan;

      (b) Is hydraulically similar to a proposed facility included in the master plan;


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

ê1991 Statutes of Nevada, Page 1373 (Chapter 471, AB 455)ê

 

      (c) Is the most cost-effective structural or regulatory means of controlling flood waters of the district; and

      (d) Does not adversely affect the continued implementation of the master plan.

      3.  Upon receipt of an amendment proposed pursuant to paragraph (b) of subsection 1, the board shall determine whether the [proposal] proposed amendment is consistent with the general principles set forth in subsection 3 of NRS 543.590 for the master plan. If the [proposal] proposed amendment is determined to be generally consistent with [the] those principles, the board shall hold a public hearing to consider the adoption of the proposed amendment. The board may adopt a proposed amendment to the district’s master plan with the approval of two-thirds of the members of the board.

      4.  The board shall file a copy of any amendment [so] or change adopted by it with the governing body of each local government whose jurisdiction includes a hydrographic area affected by the adopted amendment [.

      2.  Upon] or change.

      5.  Except as otherwise provided in subsection 6, upon receipt of [such] an amendment, the governing body of each local government affected shall hold a public hearing to consider the adoption of the proposed amendment as a component of its comprehensive master plan pursuant to chapter 278 of NRS. If the governing bodies of each local government whose jurisdiction includes a hydrographic area affected by the amendment to the district’s master plan approve the proposed amendment, it becomes effective.

      [3.  A change in the size, type or alignment of a facility may be authorized by the board without amending the master plan if the change:

      (a) Is hydraulically similar to a proposed facility included in the master plan;

      (b) Is the most cost-effective structural or regulatory means of controlling flood waters in the district; and

      (c) Does not adversely affect the continued implementation of the master plan.]

      6.  If a proposed amendment to the master plan is adopted unanimously by the board, and by the governing body of the local government in whose jurisdiction will be located the structures necessary to carry out the purposes of the amendment, after a public hearing by each, the amendment becomes effective and no other hearing or approval is required by any other board or commission, including those responsible for decisions relating to planning or zoning.

      Sec. 5.  NRS 543.690 is hereby amended to read as follows:

      543.690  1.  Upon the conditions and under the circumstances set forth in NRS 543.170 to 543.830, inclusive, a district or, if requested by the district, the board of county commissioners of the county in which the district is situated, may:

      (a) Borrow money and issue the following securities to evidence the borrowing, subject to the provisions of NRS [543.720 to 543.760,] 350.020 to 350.070, inclusive:

             (1) Notes;

             (2) Warrants;

             (3) Bonds;


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

ê1991 Statutes of Nevada, Page 1374 (Chapter 471, AB 455)ê

 

             (4) Temporary bonds;

             (5) Interim debentures; and

             (6) Special assessment bonds; and

      (b) Make [another type] any other contract creating an indebtedness.

      2.  Subject to the provisions of subsection 1, the board of directors of a district or the board of county commissioners may, on the behalf and in the name of the district [,] or the county, as the case may be, issue the securities, and in connection with any undertaking or facilities authorized in NRS 543.170 to 543.830, inclusive, [the board] may otherwise proceed as provided in the Local Government Securities Law.

      3.  The payment of general obligation securities issued pursuant to subsection 1 may be additionally secured by a pledge of any revenue from a tax imposed pursuant to NRS 543.600 on retail sales and the storage, use or other consumption of tangible personal property in the county.

      4.  At least 60 days before any general obligation bonds for a term of more than 10 years are issued pursuant to this section, the board of directors of the district shall publish a notice of the proposed issuance of long-term general obligation bonds in a newspaper of general circulation within the district. The notice must be published at least twice during the first 3 weeks of the 60 days. Each time the notice is published it must be at least as large as 5 inches high by 4 inches wide.

      Sec. 6.  NRS 543.700 is hereby amended to read as follows:

      543.700  1.  A district, upon the affirmative vote of a majority of the board, [is authorized to] may borrow money without an election in anticipation of the collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed.

      2.  Such short-term notes:

      (a) [Shall] Must be payable from the fund for which the money was borrowed.

      (b) [Shall mature before the close of the fiscal year in which the money is so borrowed.

      (c) Shall] Must mature in accordance with the provisions of NRS 354.440.

      (c) Must not be extended or funded except in compliance with NRS [543.710 to 543.760, inclusive.] 543.690.

      Sec. 7.  NRS 543.720, 543.730, 543.740 and 543.750 are hereby repealed.

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

 

________


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

ê1991 Statutes of Nevada, Page 1375ê

 

CHAPTER 472, AB 233

Assembly Bill No. 233–Assemblymen Dini, Freeman, Bennett, Arberry, Myrna Williams, Norton, Price, Giunchigliani, Spitler, Porter, Petrak, Haller, Little, Anderson, Garner, Bache, Evans, Krenzer, Callister, Wendell Williams, Sader, Johnson, Wong and McGaughey

CHAPTER 472

AN ACT relating to motor vehicles; authorizing an eligible person to park a motor vehicle that displays special license plates for a disabled veteran in a space designated for a handicapped person; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.408 is hereby amended to read as follows:

      484.408  1.  Any parking space designated for the handicapped must be indicated by a sign:

      (a) Bearing the international symbol of accessibility with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for the handicapped;

      (b) Stating “Minimum fine of $100 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  A person shall not park a vehicle in a space designated for the handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

      (a) Special license plates for a handicapped person;

      (b) A parking permit for a handicapped person; [or]

      (c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible [.] ; or

      (d) Special license plates for a disabled veteran and a special parking permit issued pursuant to NRS 482.384.

      3.  A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking in a space designated for the handicapped unless he is handicapped , a disabled veteran or is the driver of a vehicle in which a handicapped person or a disabled veteran is a passenger.

      4.  Any person who violates any provision of this section shall be punished:

      (a) Upon the first offense by a fine of $100.

      (b) Upon the second offense by a fine of $250.

      (c) Upon the third or subsequent offense by a fine of not less than $250 nor more than $1,000.

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

________

 


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

ê1991 Statutes of Nevada, Page 1376ê

 

CHAPTER 473, AB 627

Assembly Bill No. 627–Assemblymen Anderson, Norton, Bergevin, Little, Pettyjohn, Elliott, Scherer, Bayley, Heller, Petrak, Haller, Goetting, Bache, Lambert, Garner, Wong, Johnson, Humke, McGaughey, Evans, Porter, Bennett, Carpenter, Stout, Arberry, Callister, Giunchigliani and Price

CHAPTER 473

AN ACT relating to state lands; requiring the state land registrar to notify the governing body of a county or city before the sale, lease or transfer of state land; authorizing the governing body to hold a public hearing concerning such sale, lease or conveyance; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state land registrar shall provide written notice of any proposed sale, lease or transfer of state land to:

      (a) The governing body of the city in which the state land is located if the state land is located in an incorporated city; or

      (b) The governing body of the county in which the state land is located if the state land is not located in an incorporated city.

The notice must inform the governing body that it may submit comments to the state land registrar concerning the proposed sale, lease or transfer within 30 days after receipt of the notice.

      2.  The governing body of a county or city may hold a public hearing on the proposed sale, lease or transfer of state land and transmit public comments received at the hearing to the state land registrar.

      3.  The state land registrar shall consider any comments received from the governing body of a county or city when determining whether it is in the best interest of the state to proceed with the sale, lease or transfer of state land.

      Sec. 2.  NRS 321.003 is hereby amended to read as follows:

      321.003  1.  The state land registrar shall assign any land or interest in land owned by the state which is needed for governmental purposes to the appropriate state agency for use and administration. Before a state agency erects a building or makes any other permanent improvement on land assigned to it, the agency shall notify the state land registrar, in a form prescribed by him, and shall not proceed with the construction or improvement until the state land registrar certifies the nature of and any encumbrances against the state’s title to the land, and certifies that the boundaries of the land assigned include the site of the proposed construction or improvement.

      2.  [When] If authorized by the legislature to lease or sell land or any interest therein, the division of state lands shall [do so] :

      (a) Comply with the provisions of section 1 of this act; and

      (b) Lease or sell the land or any interest therein upon the best terms available.


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

ê1991 Statutes of Nevada, Page 1377 (Chapter 473, AB 627)ê

 

      3.  The state land registrar shall execute on behalf of the state any lease, deed or other document by which any land or interest therein owned by the state is conveyed.

 

________

 

 

CHAPTER 474, SB 157

Senate Bill No. 157–Committee on Finance

CHAPTER 474

AN ACT relating to traumatic brain injuries; requiring the rehabilitation division of the department of human resources to establish a program for persons with traumatic brain injuries; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of a new section to read as follows:

      1.  The rehabilitation division of the department of human resources shall establish a program for persons with traumatic brain injuries.

      2.  The program may, subject to legislative appropriation, provide:

      (a) The following services to persons with traumatic brain injuries:

             (1) Treatment during the day on an outpatient basis;

             (2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;

             (3) Care provided in the home;

             (4) Instruction in the skills required for independent living;

             (5) Placement for jobs; and

             (6) Counseling and treatment for the abuse of drugs or alcohol.

      (b) Support services for families of persons with traumatic brain injuries.

      (c) For the dissemination of information for the prevention of traumatic brain injuries.

      3.  The rehabilitation division shall evaluate the program and submit a report containing the evaluation and any recommended legislation to each regular session of the legislature.

      4.  As used in this section, “traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and which produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

      (a) A cerebral vascular accident;

      (b) An aneurism; or

      (c) A congenital defect.

 

________


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

ê1991 Statutes of Nevada, Page 1378ê

 

CHAPTER 475, SB 158

Senate Bill No. 158–Committee on Finance

CHAPTER 475

AN ACT relating to traumatic brain injuries; requiring the division for review of health resources and costs of the department of human resources to establish a system for the reporting of information relating to persons with traumatic brain injuries; requiring each hospital to report certain information relating to persons with traumatic brain injuries; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in this chapter:

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

      2.  “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

      (a) A cerebral vascular accident;

      (b) An aneurism; or

      (c) A congenital defect.

      Sec. 3.  The division shall:

      1.  Establish and maintain a system for the reporting of information relating to persons with traumatic brain injuries; and

      2.  Adopt regulations which prescribe the information which must be reported to the division and the procedure for reporting that information.

      Sec. 4.  1.  The chief administrative officer of each hospital in this state shall submit to the division the information required by the regulations adopted pursuant to section 3 of this act.

      2.  Any person who violates this section is guilty of a misdemeanor.

      Sec. 5.  Each year the division shall prepare and submit to the legislative commission a statistical report which summarizes and interprets the information obtained pursuant to section 3 of this act.

      Sec. 6.  A person who provides information to the division pursuant to section 3 of this act may not be held liable in a civil or criminal action for disclosing confidential information unless he has done so in bad faith or with malicious purpose.

 

________


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

ê1991 Statutes of Nevada, Page 1379ê

 

CHAPTER 476, SB 159

Senate Bill No. 159–Committee on Finance

CHAPTER 476

AN ACT relating to traumatic brain injuries; requiring the rehabilitation division of the department of human resources to adopt regulations concerning the care of persons with traumatic brain injuries; and providing other matters properly relating thereto.

 

[Approved June 27, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of a new section to read as follows:

      1.  The rehabilitation division of the department of human resources shall adopt regulations concerning the care of persons with traumatic brain injuries. The division shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.

      2.  As used in this section, “traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

      (a) A cerebral vascular accident;

      (b) An aneurism; or

      (c) A congenital defect.

 

________

 

 

CHAPTER 477, AB 700

Assembly Bill No. 700–Committee on Government Affairs

CHAPTER 477

AN ACT relating to public health; revising the composition of district boards of health; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.390 is hereby amended to read as follows:

      439.390  1.  A district board of health [shall] must consist of two members from each county, city or town which participated in establishing the district, to be appointed by the governing body of the county, city or town [wherein] in which they reside, together with one additional member to be chosen by the members so appointed.

      2.  [Not less than one of the members of the district board of health appointed by the board of county commissioners of each county shall] The additional member must be a physician licensed to practice medicine in this state.


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

ê1991 Statutes of Nevada, Page 1380 (Chapter 477, AB 700)ê

 

      3.  If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization of the district health department, [such member] he may be appointed by the state health officer.

      Sec. 2.  In a county whose population is less than 400,000, the amendatory provisions of section 1 of this act apply only to appointments made on or after January 1, 1992.

      Sec. 3.  This act becomes effective on January 1, 1992.

 

________

 

 

CHAPTER 478, AB 547

Assembly Bill No. 547–Assemblymen Johnson, Anderson, Carpenter, Petrak, Scherer, Sader, Freeman, Norton, Wendell Williams, Wong, Haller, Goetting, Bache, Gregory, Bennett, Callister, Evans, Arberry and Myrna Williams

CHAPTER 478

AN ACT relating to air quality; authorizing a local air pollution control agency to enforce certain regulations against existing indirect sources of air contaminants; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 445.493 is hereby amended to read as follows:

      445.493  1.  If any federal regulations relating to indirect sources become effective after January 17, 1977 [:

      1.  The] , the authority of a state agency to review new indirect sources may be exercised only:

      (a) In the enforcement of those federal regulations; and

      (b) To the extent enforcement by the state agency is required by the federal act.

      2.  [The governing body of each county and each city] The local air pollution control agency may enforce within its jurisdiction [the] against existing indirect sources any federal or state regulations relating to indirect sources or any regulations it adopts relating to indirect sources , [which are no more strict than the federal regulations,] to the extent that [local] :

      (a) Local enforcement is not inconsistent with the requirements of [the federal act.] any federal law or regulation; and

      (b) Enforcement is necessary to comply with the federal standards for ambient air quality.

 

________


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

ê1991 Statutes of Nevada, Page 1381ê

 

CHAPTER 479, AB 489

Assembly Bill No. 489–Committee on Government Affairs

CHAPTER 479

AN ACT relating to real property; revising provisions governing approval of adjustments to boundary lines; requiring a professional land surveyor to perform a survey, set monuments and file a record of survey regarding an adjustment of boundary lines or a transfer of land involving abutting parcels; requiring a statement concerning property taxes to be filed with certain maps; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  A governing body that approves a division of land pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, may approve adjustments to boundary lines.

      Sec. 3.  1.  If a boundary line is adjusted or land is transferred pursuant to paragraph (c) of subsection 2 of NRS 278.461, a professional land surveyor shall perform a field survey, set monuments and file a record of survey pursuant to NRS 625.340.

      2.  A record of survey filed pursuant to subsection 1 must contain:

      (a) A certificate by the professional land surveyor who prepared the map stating that:

             (1) He has performed a field survey of the boundaries of the affected parcels;

             (2) That all corners and angle points of the adjusted boundary line have been set; and

             (3) The map is not in conflict with the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act.

      (b) A certificate that is executed and acknowledged by each affected owner of the abutting parcels which states that:

             (1) He has examined the plat and approves and authorizes the recordation thereof;

             (2) He agrees to execute the required documents creating any easement which is shown;

             (3) He agrees to execute the required documents abandoning any existing easement pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act;

             (4) All property taxes on the land for the fiscal year have been paid; and

             (5) That any lender with an impound account for the payment of taxes has been notified of the adjustment of the boundary line or the transfer of the land.

      (c) A certificate by the governing body or its designated representative approving the adjustment of the boundary line.


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

ê1991 Statutes of Nevada, Page 1382 (Chapter 479, AB 489)ê

 

      Sec. 4.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, [and] section 1 of [this act,] Assembly Bill No. 567 of this session and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Acre site” consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.

      2.  “Building code” means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

      3.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

      4.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.

      5.  “County surveyor” means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.

      6.  “Final map” means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

      7.  “Governing body” means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.

      8.  “Improvement” means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.

      9.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.

      10.  “Lot” means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.

      11.  “Parcel map” means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.

      12.  “Right of way” includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.

      13.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.

      14.  “Subdivider” means a person who causes land to be divided into a subdivision for himself or for others.

      15.  “Tentative map” means a map made to show the design of a proposed subdivision and the existing conditions in and around it.

      16.  “Utility project” means:


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

ê1991 Statutes of Nevada, Page 1383 (Chapter 479, AB 489)ê

 

      (a) An electric transmission line which is designed to operate at 200 kilovolts or more; or

      (b) A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,

which has been approved for construction after October 1, 1991, by the state or Federal Government or a local government.

      Sec. 5.  NRS 278.460 is hereby amended to read as follows:

      278.460  1.  A county recorder shall not file for record any final map unless the map:

      (a) Contains all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance.

      (b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.

      2.  Nothing contained in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, prevents the recording [under] pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, and any applicable local ordinances of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of [registered] professional land surveyor’s records of surveys.

      3.  A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.

      Sec. 6.  NRS 278.461 is hereby amended to read as follows:

      278.461  1.  A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.

      2.  A parcel map is not required when the division is for the express purpose of:

      (a) The creation or realignment of a public right of way by a public agency.

      (b) The creation or realignment of an easement.

      (c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of [adjacent property] abutting parcels which does not result in the creation of any additional parcels.

      (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

      3.  A parcel map is not required for any of the following transactions involving land:


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

ê1991 Statutes of Nevada, Page 1384 (Chapter 479, AB 489)ê

 

      (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.

      (d) Conveying an interest in land acquired by the department of transportation [under] pursuant to chapter 408 of NRS.

      (e) Filing a certificate of amendment [under] pursuant to NRS 278.473.

      4.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of this act, until further divided.

      5.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

      Sec. 7.  NRS 278.467 is hereby amended to read as follows:

      278.467  1.  If the parcel map is waived the authority which granted the waiver may require the preparation and recording of a document which contains:

      (a) A legal description of all parts based on a system of rectangular surveys;

      (b) A provision for the dedication or reservation of any road right of way or easement; and

      (c) The approval of the authority which granted the waiver.

      2.  If a description by metes and bounds is necessary in describing the parcel division, it must be prepared by a professional land surveyor and bear his signature and stamp.

      3.  The person preparing the document may include the following statement:

 

       This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior documents.

 

      4.  A document recorded pursuant to this section must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.

      Sec. 8.  NRS 278.472 is hereby amended to read as follows:

      278.472  1.  After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or 60 days after the date of its filing, whichever is earlier, the person who proposes to divide the land may file a final map of the division with the governing body or, if authorized by ordinance, with the planning commission. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.]


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

ê1991 Statutes of Nevada, Page 1385 (Chapter 479, AB 489)ê

 

be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.

      2.  This map must be:

      (a) Entitled “Map of Division into Large Parcels”.

      (b) Filed with the governing body or planning commission not later than 1 year after the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.

      (c) Prepared by a professional land surveyor.

      (d) Based upon an actual survey by the preparer and show the date of the survey or based upon the most recent government survey and show the date of approval of the government survey and contain a certificate by the preparer that the parcels contain the number of acres shown for each parcel.

      (e) Clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for this purpose in the engineering profession, but affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with opaque ink.

      (f) Twenty-four by 32 inches in size with a marginal line drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      (g) Of scale large enough to show clearly all details.

      3.  The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

      4.  This map must show and define:

      (a) All subdivision lots by the number and actual acreage of each lot.

      (b) All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements of access which are shown on the applicable master plan and all roads or easements of access which are specially required by the planning commission or governing body.

      (c) Any easements for public utilities which exist or are proposed.

      (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      Sec. 9.  NRS 278.4725 is hereby amended to read as follows:

      278.4725  1.  The governing body or planning commission must approve, conditionally approve or disapprove the final map basing its action upon the requirements of NRS 278.472, within 45 days after its filing. A decision made by the planning commission may be appealed to the governing body by any aggrieved person within 45 days after the action of the planning commission. If the map is disapproved, the governing body or planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body or planning commission neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.


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

ê1991 Statutes of Nevada, Page 1386 (Chapter 479, AB 489)ê

 

      2.  Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:

      (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

      (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

      3.  The map filed with the county recorder must include:

      (a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.

      (b) A certificate signed by the clerk of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body or the planning commission has expired.

      (c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that [no] all property taxes on the land [are delinquent.] for the fiscal year have been paid.

      4.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

      5.  The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.

      Sec. 10.  Section 133 of chapter 245, Statutes of Nevada 1991, is hereby amended to read as follows:

       Sec. 133.  NRS 278.010 is hereby amended to read as follows:

       278.010  As used in NRS 278.010 to 278.630, inclusive, section 1 of Assembly Bill No. 567 of this session and sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, unless the context otherwise requires:

       1.  [“Acre site” consists of 43,560 square feet of land, and includes any public streets and alleys or other rights of way or easements.

       2.] “Building code” means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

       [3.] 2.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

       [4.] 3.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance or by the provisions of this chapter.

       4.  “Common-interest community” has the meaning ascribed to it in section 10 of this act.

       5.  “County surveyor” means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor pursuant to this chapter.

       6.  “Final map” means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, and those of any applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.


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

ê1991 Statutes of Nevada, Page 1387 (Chapter 479, AB 489)ê

 

applicable local ordinance, which is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

       7.  “Governing body” means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.

       8.  “Improvement’ means such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for local drainage, local traffic and the general use of property owners in the subdivision.

       9.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, and within the limitations therein set forth, regulating the design and improvement of land subdivisions.

       10.  “Lot” means a distinct part or parcel of land which has been divided to transfer ownership or to build. The term does not include a parcel of land used or intended solely for use as a location for a water well.

       11.  “Parcel map” means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.

       12.  “Right of way” includes all public and private rights of way and all areas required for public use in accordance with any master plan or parts thereof.

       13.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights of way, and other ways.

       14.  “Subdivider” means a person who causes land to be divided into a subdivision for himself or for others.

       15.  “Tentative map” means a map made to show the design of a proposed subdivision and the existing conditions in and around it.

       16.  “Utility project” means:

       (a) An electric transmission line which is designed to operate at 200 kilovolts or more; or

       (b) A line used to transport natural gas which operates at 20 percent or more of the specified minimum yield strength of the material from which the line is constructed,

which has been approved for construction after October 1, 1991, by the state or Federal Government or a local government.

      Sec. 11.  Section 137 of Assembly Bill No. 221 of this session is hereby amended to read as follows:

       Sec. 137.  NRS 278.461 is hereby amended to read as follows:

       278.461  1.  A person who proposes to divide any land for transfer or development into four or fewer lots shall file a parcel map in the office of the county recorder, unless this requirement is waived or the provisions of NRS 278.471 to 278.4725, inclusive, apply. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.


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

ê1991 Statutes of Nevada, Page 1388 (Chapter 479, AB 489)ê

 

       2.  A common-interest community consisting of four units or less shall be deemed to be a division of land within the meaning of this section, but need only comply with NRS 278.371, 278.373 to 278.378, inclusive, 278.461, 278.462, 278.464 and 278.466.

       3.  A parcel map is not required when the division is for the express purpose of:

       (a) The creation or realignment of a public right of way by a public agency.

       (b) The creation or realignment of an easement.

       (c) An adjustment of the boundary line between two abutting parcels or the transfer of land between two owners of abutting parcels which does not result in the creation of any additional parcels.

       (d) The purchase, transfer or development of space within an apartment building or an industrial or commercial building.

       (e) Carrying out an order of any court or dividing land as a result of an operation of law.

       [3.] 4.  A parcel map is not required for any of the following transactions involving land:

       (a) The creation of a lien, mortgage, deed of trust or any other security instrument.

       (b) The creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.

       (c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.

       (d) Conveying an interest in land acquired by the department of transportation pursuant to chapter 408 of NRS.

       (e) Filing a certificate of amendment pursuant to NRS 278.473.

       [4.] 5.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When the lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, and sections 2 and 3 of [this act,] Assembly Bill No. 489 of this session, until further divided.

       [5.] 6.  Unless a method of dividing land is adopted for the purpose or would have the effect of evading this chapter, the provisions for the division of land by a parcel map do not apply to a transaction exempted by paragraph (c) of subsection 1 of NRS 278.320.

      Sec. 12.  Sections 4, 8, 9 and 10 of this act become effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 1389ê

 

CHAPTER 480, AB 475

Assembly Bill No. 475–Committee on Legislative Functions and Elections

CHAPTER 480

AN ACT relating to campaign practices; providing for the disposition of contributions received by a candidate from an anonymous or unidentifiable contributor; limiting the amount of campaign contributions which may be given to a candidate for a city, county or state office; limiting the amount of campaign contributions a candidate for a city, county or state office may accept from a single source; requiring the disclosure of the contributions received by persons other than candidates; making various other changes relating to campaign practices; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 6, every person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group and every committee for political action which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

      (a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;

      (b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and

      (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report the total amount of contributions received on the form designed and provided by the secretary of state and shall sign the report under penalty of perjury.

      2.  The report of campaign contributions must identify each contribution in excess of $500. Contributions which a contributor has made cumulatively in excess of $500 since the beginning of the first reporting period must be separately identified with the name and address of the contributor and the date of the contribution or contributions tabulated and reported on the form designed and provided by the secretary of state.

      3.  If the candidate is elected from one county, the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. For all other candidates the reports must be filed with the secretary of state. A person may make his report to the appropriate officer by certified mail.


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

ê1991 Statutes of Nevada, Page 1390 (Chapter 480, AB 475)ê

 

his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      6.  The provisions of this section do not apply to a political party or committee sponsored by a political party.

      Sec. 3.  1.  A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:

      (a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

      2.  A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.

      3.  A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.

      4.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 4.  1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

      (a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;

      (b) Fifteen days before a general election or general city election whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and

      (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report expenditures made on behalf of or against a question or group of questions on the ballot in excess of $500 on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include the identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period.

      2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the group’s own members on behalf of or against a question or group of questions must not be included in the report.


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

ê1991 Statutes of Nevada, Page 1391 (Chapter 480, AB 475)ê

 

own members on behalf of or against a question or group of questions must not be included in the report.

      3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question. A person may make his report to the appropriate filing officer by certified mail. if certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 5.  1.  A natural person shall not make a contribution or contributions to a candidate for:

      (a) A city, county, state or judicial office in a total amount which exceeds $2,000; or

      (b) A statewide office in a total amount which exceeds $10,000,

during the period beginning on the day after the last general election for the office and ending on the day of the general election for that office.

      2.  A candidate shall not accept a contribution made in violation of subsection 1.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 6.  1.  A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:

      (a) A city, county, state or judicial office in a total amount which exceeds $10,000; or

      (b) A statewide office in a total amount which exceeds $20,000,

during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.

      2.  A candidate shall not accept a contribution made in violation of subsection 1.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 6.5.  1.  It is unlawful for a member of the legislature, the lieutenant governor or the governor to solicit or accept any monetary contribution for any political purpose during the period beginning:

      (a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

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


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

ê1991 Statutes of Nevada, Page 1392 (Chapter 480, AB 475)ê

 

      3.  This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.

      Sec. 7.  1.  Every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election shall, not later than:

      (a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;

      (b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and

      (c) The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election,

report the total amount of contributions received on the form designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.

      2.  Each contribution in excess of $500 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions tabulated and reported on the form provided by the secretary of state.

      3.  If the question is submitted to the voters of only one county, the reports must be filed with the county clerk of that county. If the question is submitted to the voters of only one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If the person or group of persons is advocating passage or defeat of a group of questions, the reports must be made to the officer appropriate for each question and must be itemized by question.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state within 10 working days after he receives the report.

      5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 7.5.  A candidate who receives a contribution of $100 or more from an anonymous or unidentifiable contributor shall, within 10 days after he receives the contribution, deliver the money to the state treasurer or donate the money to a nonprofit entity. The state treasurer shall deposit the money in the state general fund.

      Sec. 8.  1.  The filing officer shall give to each candidate who files his declaration of candidacy, acceptance of candidacy or affidavit of candidacy a copy of the form set forth in subsection 2. The filing officer shall inform the candidate that subscription to the code is voluntary.

      2.  The code must be in the following form:


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

ê1991 Statutes of Nevada, Page 1393 (Chapter 480, AB 475)ê

 

CODE OF FAIR CAMPAIGN PRACTICES

 

       There are basic principles of decency, honesty and fair play which every candidate for public office in the State of Nevada has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, the voters may exercise their constitutional right to vote for the candidate of their choice and that the will of the people may be fully and clearly expressed on the issues.

       THEREFORE:

       1.  I will conduct my campaign openly and publicly and limit attacks against my opponent to legitimate challenges to his voting record or qualifications for office.

       2.  I will not use character defamation or other false attacks on a candidate’s personal or family life.

       3.  I will not use campaign material which misrepresents, distorts or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which are intended to create or exploit doubts, without justification, about the personal integrity of my opposition.

       4.  I will not condone any dishonest or unethical practice which undermines the American system of free elections or impedes or prevents the full and free expression of the will of the voters.

       I, the undersigned, as a candidate for election to public office in the State of Nevada, hereby voluntarily pledge myself to conduct my campaign in accordance with the principles and practices set forth in this code.

 

        .......................................................                         .................................................

                   Date                                                            Signature of Candidate

 

      3.  A candidate who subscribes to the code and submits the form set forth in subsection 2 to the filing officer may indicate on his campaign materials that he subscribes to the code.

      4.  The secretary of state shall provide a sufficient number of copies of the form to the county clerks, registrar of voters and other filing officers.

      Sec. 9.  NRS 294A.004 is hereby amended to read as follows:

      294A.004  “Campaign expenses” means all expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers, and all other expenditures contracted for or made to further directly the campaign for the election or defeat of [the candidate.] a candidate or group of candidates or the passage or defeat of a question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.

      Sec. 10.  NRS 294A.007 is hereby amended to read as follows:

      294A.007  “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes the payment by any person other than a candidate of compensation for the personal services of another person which are rendered to a [candidate] :

      1.  Candidate;


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

ê1991 Statutes of Nevada, Page 1394 (Chapter 480, AB 475)ê

 

      2.  Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group;

      3.  Committee for political action which makes an expenditure on behalf of a candidate or group of candidates; or

      4.  Person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot, without charge to the candidate [.] , person or committee.

      Sec. 11.  NRS 294A.010 is hereby amended to read as follows:

      294A.010  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

      (a) Fifteen days before the primary election, for the period from the last election for that office up to 20 days before the primary election;

      (b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and

      (c) [Thirty days] The 15th day of the second month after the general election, for the remaining period up to 30 days after the general election,

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      2.  Except as otherwise provided in subsection 3, every candidate for a district office at a special election shall, not later than:

      (a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and

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

report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report the total amount of his campaign contributions on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 30 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to the special election.

      4.  Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  Every county clerk who receives from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state [.] within 10 working days after he receives the report.

      6.  Each contribution in excess of $500 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.


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

ê1991 Statutes of Nevada, Page 1395 (Chapter 480, AB 475)ê

 

first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution or contributions, tabulated and reported on the form provided by the secretary of state.

      7.  Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 12.  NRS 294A.020 is hereby amended to read as follows:

      294A.020  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than:

      (a) Fifteen days before the primary election, for the period from 30 days after the last election for that office up to 20 days before the primary election;

      (b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and

      (c) [Sixty days] The 15th day of the second month after the general election, for the remaining period up to 30 days after the general election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      2.  Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:

      (a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and

      (b) Sixty days after the special election, for the remaining period up to 30 days after the special election,

report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury.

      3.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report his campaign expenses on forms designed and provided by the secretary of state and signed by the candidate under penalty of perjury, 60 days after the special election, for the period from the filing of the notice of intent to circulate the petition for recall up to 30 days after the special election.

      4.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      5.  County clerks who receive from candidates for legislative or judicial office, except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state [.] within 10 working days after he receives the report.

      6.  Except as otherwise provided in this section, any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 12.5.  NRS 294A.035 is hereby amended to read as follows:

      294A.035  1.  Every candidate for city office where the general city election is preceded by a primary city election shall file the reports in the manner required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:

 


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

ê1991 Statutes of Nevada, Page 1396 (Chapter 480, AB 475)ê

 

required by NRS 294A.010, 294A.020 and 294A.031 for other offices not later than:

      (a) Fifteen days before the primary city election, for the period from 30 days after the last election for that office up to 20 days before the primary city election;

      (b) Fifteen days before the general city election, whether or not the candidate won the primary city election, for the period from 20 days before the primary city election up to 20 days before the general city election; and

      (c) [Sixty days] The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

      2.  Every candidate for city office where there is no primary city election shall so file those reports:

      (a) Twenty days before the general city election, from the period from 30 days after the last election for that office up to 30 days before the general city election; and

      (b) [Sixty days] The 15th day of the second month after the general city election, for the remaining period up to 30 days after the general city election.

      3.  The city clerk shall design the form for each report a candidate for city office is required to file pursuant to NRS 294A.010 and 294A.020. The city clerk shall submit the form to the secretary of state for approval. The city clerk shall not use such a form until it is approved.

      Sec. 13.  NRS 294A.041 is hereby amended to read as follows:

      294A.041  1.  Every person who [advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, municipal or township office or the passage or defeat of a question or group of questions on the ballot at any election including any recall or special election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate or the passage or defeat of a question or group of questions on the ballot] is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of that candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group, every committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates shall, not later than:

      (a) Fifteen days before a primary election or primary city election, for the period from 30 days after the last election for that office to 20 days before that election;

      (b) Fifteen days before a general election or general city election, whether or not the candidate won the primary election or primary city election, for the period from 20 days before that election to 20 days before the general election or general city election; and

      (c) [Sixty days] The 15th day of the second month after a general election or general city election, for the remaining period up to 30 days after the general election or general city election, report the expenditures made on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions on the ballot] in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury.


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

ê1991 Statutes of Nevada, Page 1397 (Chapter 480, AB 475)ê

 

report the expenditures made on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions on the ballot] in excess of $500 on forms designed and provided by the secretary of state and signed by the person or a representative of the group under penalty of perjury. The report must also include identification of expenditures which the person or group made cumulatively in excess of $500 since the beginning of the first reporting period. [The report must include a specific listing of any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.]

      2.  Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the group’s own members on behalf of [or against] a candidate [,] or group of candidates [, question or group of questions] must not be included in the report.

      3.  If the candidate is elected from one county , [or the question is submitted to the voters of only one county,] the reports must be filed with the county clerk of that county. If the candidate is elected from one city, the reports must be filed with the city clerk of that city. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates , [or questions,] the reports must be made to the officer appropriate for each candidate [or question but need not be] and itemized by the candidate . [or question.] A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

      4.  Each county clerk or city clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state [.] within 10 working days after he receives the report.

      5.  Except as otherwise provided in this section, any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.

      Sec. 14.  NRS 294A.051 is hereby amended to read as follows:

      294A.051  1.  Each committee for political action shall , before it engages in any activity in this state, register with the secretary of state [,] on forms supplied by him.

      2.  The form must require:

      [1.] (a) The name of the committee;

      [2.] (b) The purpose for which it was organized;

      [3.] (c) The names and addresses of its officers;

      [4.] (d) If the committee for political action is affiliated with any other organizations, the name and address of each organization;

      [5.] (e) The name and address of its resident agent; and

      [6.] (f) Any other information deemed necessary by the secretary of state.

      3.  A committee for political action shall file with the secretary of state an amended form for registration within 30 days after any change in the information contained in the form for registration.

      Sec. 15.  NRS 294A.055 is hereby amended to read as follows:

      294A.055  1.  Except as otherwise provided in subsection 2, each committee for the recall of a public officer shall, not later than:


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

ê1991 Statutes of Nevada, Page 1398 (Chapter 480, AB 475)ê

 

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

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

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

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received or made by the committee in excess of $500.

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

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

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

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

      Sec. 16.  NRS 294A.056 is hereby amended to read as follows:

      294A.056  1.  Except as otherwise provided in subsection [2,] 3, each committee for the recall of a public officer shall, not later than:

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

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

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

      2.  If a petition for the purpose of recalling a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee in excess of $500.

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


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

ê1991 Statutes of Nevada, Page 1399 (Chapter 480, AB 475)ê

 

the day the court determines that an election will not be held, report each expenditure made by the committee in excess of $500.

      [3.] 4.  The report must also include identification of expenditures which the committee for the recall of a public officer made cumulatively in excess of $500 since the beginning of the first reporting period.

      [4.] 5.  Each report of expenditures must be filed with the secretary of state. The committee may mail the report by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.

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

      Sec. 17.  NRS 294A.065 is hereby amended to read as follows:

      294A.065  1.  The officer with whom a candidate files:

      (a) A declaration of candidacy;

      (b) An acceptance of candidacy; or

      (c) An affidavit of candidacy,

shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.

      2.  The officer who is to receive reports pursuant to NRS 294A.041 and sections 2, 4 and 7 of this act, shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.

      Sec. 18.  NRS 294A.070 is hereby amended to read as follows:

      294A.070  The secretary of state shall, within [10] 30 days after receipt of the reports required by NRS 294A.010, 294A.020, 294A.041, 294A.055 and 294A.056, and sections 2, 4 and 7 of this act, prepare and make available for public inspection a compilation of:

      1.  The total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required . [;]

      2.  The contributions made to a committee for the recall of a public officer in excess of $500 . [; and]

      3.  The expenditures exceeding $500 made by a:

      (a) Person on behalf of a candidate other than himself.

      (b) Person or group of persons on behalf of or against a question or group of questions on the ballot.

      (c) Group of persons advocating the election or defeat of a candidate.

      (d) Committee for the recall of a public officer.

      4.  The contributions in excess of $500 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) A person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot.

      (c) A committee for political action which makes an expenditure on behalf of a candidate or group of candidates.


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

ê1991 Statutes of Nevada, Page 1400 (Chapter 480, AB 475)ê

 

      Sec. 19.  NRS 294A.080 is hereby amended to read as follows:

      294A.080  If it appears that the provisions of NRS 294A.010, 294A.015, 294A.020, 294A.035, 294A.041, 294A.055 or 294A.056, or section 2, 4 or 7 of this act, have been violated:

      1.  The secretary of state shall report the alleged violation to the attorney general; and

      2.  A county or city clerk shall report the alleged violation to the appropriate district attorney,

and the attorney general or district attorney to whom the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

 

________

 

 

CHAPTER 481, AB 462

Assembly Bill No. 462–Assemblymen McGaughey, Bayley, Krenzer, Wong, Elliott, Norton, Hardy, Scherer, Gregory, Wendell Williams, Spriggs, Gibbons, Little, Stout, Arberry, Garner, Spitler, Price, Haller, Pettyjohn, Bache, Lambert, Callister, Porter, Goetting, Freeman and Humke

CHAPTER 481

AN ACT relating to districts for the control of floods; clarifying that a district is prohibited from expending money for any purpose other than to acquire, construct, improve, extend, maintain or operate a project or improvement for the control of flood or storm water in the district; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 543.650 is hereby amended to read as follows:

      543.650  1.  The proceeds of all taxes and charges levied or imposed for the support of the district and all other revenues received for its account from any source must be deposited in the regional fund for the control of floods. No money may be drawn from the fund except for the use of the district.

      2.  Whenever any indebtedness has been incurred by a district, the board may also levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may only be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and to provide extension of and betterments to the improvements of the district.

      3.  The board shall not use money in the regional fund for the control of floods or the reserve fund:

      (a) For the construction, operation, maintenance, extension or repair of streets, highways or bridges, except as authorized pursuant to NRS 543.170 to 543.830, inclusive, or

      (b) To supplement the budget of the county in which the district is located.


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

ê1991 Statutes of Nevada, Page 1401 (Chapter 481, AB 462)ê

 

      Sec. 2.  This act becomes effective on January 1, 1992.

 

________

 

 

CHAPTER 482, AB 417

Assembly Bill No. 417–Assemblymen Scherer, Sader, Gregory, Porter, Johnson, Hardy, Petrak, Anderson, Carpenter, Bayley, Wendell Williams, Gibbons, Heller, Haller, McGinness, Lambert, Myrna Williams, Pettyjohn, Callister, Bergevin, McGaughey, Garner, Price, Humke, Dini, Marvel, Goetting, Wong, Stout, Spitler, Norton, Giunchigliani, Arberry, Krenzer, Bennett, Little and Freeman

CHAPTER 482

AN ACT relating to campaign practices; limiting the amount of campaign contributions which may be given to a candidate for a city, county, state, judicial or statewide office; limiting the amount of campaign contributions a candidate for a city, county, state, judicial or statewide office may accept from a single source; prohibiting certain public officers from soliciting or accepting monetary contributions during certain periods; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  A natural person shall not make a contribution or contributions to a candidate for:

      (a) A city, county, state or judicial office in a total amount which exceeds $2,000; or

      (b) A statewide office in a total amount which exceeds $10,000,

during the period beginning on the day after the last general election for the office and ending on the day of the general election for that office.

      2.  A candidate shall not accept a contribution made in violation of subsection 1.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 3.  1.  A person, other than a natural person, political party or committee sponsored by a political party, shall not make a contribution or contributions to a candidate for:

      (a) A city, county, state or judicial office in a total amount which exceeds $10,000; or

      (b) A statewide office in a total amount which exceeds $20,000,

during the period beginning on the day after the last general election for that office and ending on the day of the general election for that office.

      2.  A candidate shall not accept a contribution made in violation of subsection 1.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.


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

ê1991 Statutes of Nevada, Page 1402 (Chapter 482, AB 417)ê

 

      Sec. 4.  1.  A member of an organization whose primary purpose is to provide support for legislators of a particular political party and house shall not solicit or accept contributions on behalf of the legislators or the organization, or solicit or accept a commitment to make such a contribution during the period beginning:

      (a) Thirty days before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

      2.  A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.

      3.  A person shall not accept a contribution on behalf of another person to avoid the prohibitions of this section.

      4.  A person who violates any provision of this section is guilty of a misdemeanor.

      Sec. 5.  1.  It is unlawful for a member of the legislature, the lieutenant governor or the governor to solicit or accept any monetary contribution for any political purpose during the period beginning:

      (a) Thirty day before a regular session of the legislature and ending 30 days after the final adjournment of a regular session of the legislature; or

      (b) The day after the governor issues a proclamation calling for a special session of the legislature and ending 15 days after the final adjournment of a special session of the legislature.

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

      3.  This section does not prohibit the payment of a salary or other compensation or income to a member of the legislature, the lieutenant governor or the governor during a session of the legislature if it is made for services provided as a part of his regular employment or is additional income to which he is entitled.

 

________

 

 

CHAPTER 483, AB 124

Assembly Bill No. 124–Committee on Government Affairs

CHAPTER 483

AN ACT relating to planning; authorizing the inclusion of a safety plan within a master plan in certain counties; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  The master plan, with the accompanying charts, drawings, diagrams, schedules and reports, [must] may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

 


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

ê1991 Statutes of Nevada, Page 1403 (Chapter 483, AB 124)ê

 

subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including water and its hydraulic force, underground water, water supply, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution .[level.]

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public [funds] money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing. Survey of housing conditions and needs and plans and procedure for improvement of housing standards and for the provision of adequate housing.

      (f) Land use plan. An inventory and classification of types of natural land [types] and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights of way, easements and facilities therefor, including any utility projects required to be reported pursuant to section 1 of [this act.] Assembly Bill No. 567 of this session.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including natural reservations, parks, parkways, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (k) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from such hazards.


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

ê1991 Statutes of Nevada, Page 1404 (Chapter 483, AB 124)ê

 

      (l) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      [(l)] (m) Solid waste disposal plan. Showing general plans for disposal of solid waste.

      [(m)] (n) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of [street] naming or numbering [, and house numbering,] streets, and numbering houses with , recommendations concerning proposed changes.

      [(n)] (o) Transit plan. Showing a proposed system of transit lines, including rapid transit, streetcar, motorcoach and trolley coach lines and related facilities.

      [(o)] (p) Transportation plan. Showing a comprehensive transportation system, including locations of rights of way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

      Sec. 2.  Section 1 of this act becomes effective at 12:01 a.m. on October 1, 1991.

 

________

 

 

CHAPTER 484, SB 607

Senate Bill No. 607–Committee on Judiciary

CHAPTER 484

AN ACT relating to the department of prisons; requiring the director of the department of prisons to apply credit to the term of imprisonment of certain offenders who successfully complete a program of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  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 not more than 30 days from the length of his remaining sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the department and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources.


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

ê1991 Statutes of Nevada, Page 1405 (Chapter 484, SB 607)ê

 

and a person certified as a counselor by the bureau of alcohol and drug abuse of the rehabilitation division of the department of human resources.

      2.  The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

 

________

 

 

CHAPTER 485, SB 535

Senate Bill No. 535–Committee on Judiciary

CHAPTER 485

AN ACT relating to gaming; limiting to resort hotels the issuance of a nonrestricted gaming license in certain counties; exempting race books and sports pools from the limitation; authorizing local governments to adopt more extensive standards for resort hotels than are required by state law; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Resort hotel” means any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and that has:

      1.  More than 200 rooms available for sleeping accommodations;

      2.  At least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

      3.  At least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

      4.  A gaming area within the building or group of buildings.

      Sec. 3.  1.  The commission shall not approve a nonrestricted license, other than for the operation of a race book or sports pool, for an establishment in a county whose population is 100,000 or more unless the establishment is a resort hotel.

      2.  A county, city or town may require resort hotels to meet standards in addition to those required by this chapter as a condition of issuance of a gaming license by the county, city or town.

      Sec. 4.  NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, sections 2 and 3 of Assembly Bill No. 554 of this session, [and] sections 3 and 4 of [this act,] Assembly Bill No. 423 of this session, and section 2 of this act, have the meanings ascribed to them in those sections.

      Sec. 5.  Section 3 of this act does not apply to:

      1.  Any application for a nonrestricted license filed with the state gaming control board before July 1, 1992; or


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

ê1991 Statutes of Nevada, Page 1406 (Chapter 485, SB 535)ê

 

      2.  Any establishment that holds or held a nonrestricted license issued before July 1, 1992, unless the establishment ceases gaming operations for more than 2 years after July 1, 1992.

      Sec. 6  This act becomes effective on July 1, 1992.

 

________

 

 

CHAPTER 486, SB 528

Senate Bill No. 528–Committee on Taxation

CHAPTER 486

AN ACT relating to taxation; broadening the application of the requirement for mailing a notice of a determination of deficiency for the collection of taxes; clarifying the provision concerning the payment of a penalty for the failure to pay certain taxes or fees; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 2, 3 and 4 and in NRS 375A.180 and 375B.210, every notice of the determination of a deficiency issued by the department must be personally served or mailed within 3 years after the last day of the calendar month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires later.

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

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

      4.  This section does not apply to cases of fraud or intentional evasion of the provisions of this Title or any regulation adopted pursuant thereto.

      Sec. 2.  NRS 360.417 is hereby amended to read as follows:

      360.417  Any person who fails to pay any tax provided for in chapter 362, 365, 369, 370, 372, 373 or 374 of NRS or fee provided for in NRS 590.700 to 590.920, inclusive, to the state or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the department, in addition to the tax or fee, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the [date on which the tax or fee became due] last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment.


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

ê1991 Statutes of Nevada, Page 1407 (Chapter 486, SB 528)ê

 

the period for which the amount or any portion of the amount should have been reported until the date of payment.

      Sec. 3.  NRS 372.400 is hereby amended to read as follows:

      372.400  1.  If the department is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the state by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.

      2.  When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 372.430] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.

      Sec. 4.  NRS 372.435 is hereby amended to read as follows:

      372.435  1.  If any person fails to make a return, the department shall make an estimate of the amount of the gross receipts of the person [,] or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in this state is subject to the use tax. The estimate must be made for the period or periods in respect to which the person failed to make a return and be based upon any information which is in the department’s possession or may come into its possession. Upon the basis of that estimate, the department shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to 10 percent of the sum. One or more determinations may be made for one or for more than one period.

      2.  When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 372.430] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability as otherwise specified in this chapter.

      Sec. 5.  NRS 372.635 is hereby amended to read as follows:

      372.635  Except as otherwise provided in NRS 360.235:

      1.  No refund may be allowed unless a claim for it is filed with the department within 3 years [from] after the last day of the month following the close of the period for which the overpayment was made [,] or, with respect to determinations made [under] pursuant to NRS 372.400 to 372.455, inclusive, within 6 months after the determinations become final, or within 6 months [from] after the date of overpayment, whichever period expires later.

      2.  No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to [NRS 372.430.] section 1 of this act.

      Sec. 6.  NRS 374.405 is hereby amended to read as follows:

      374.405  1.  If the department is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the county by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession.


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

ê1991 Statutes of Nevada, Page 1408 (Chapter 486, SB 528)ê

 

the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.

      2.  When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 374.435] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued [prior to] before the due date of the liability as otherwise specified in this chapter.

      Sec. 7.  NRS 374.440 is hereby amended to read as follows:

      374.440  1.  If any person fails to make a return, the department shall make an estimate of the amount of the gross receipts of the person [,] or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use or other consumption of which in the county is subject to the use tax. The estimate [shall] must be made for the period or periods in respect to which the person failed to make a return and [shall] must be based upon any information which is in the department’s possession or may come into its possession. Upon the basis of this estimate, the department shall compute and determine the amount required to be paid to the county, adding to the sum thus arrived at a penalty equal to 10 percent thereof. One or more determinations may be made for one or for more than one period.

      2.  When a business is discontinued, a determination may be made at any time thereafter within the periods specified in [NRS 374.435] section 1 of this act as to liability arising out of that business, irrespective of whether the determination is issued [prior to] before the due date of the liability as otherwise specified in this chapter.

      Sec. 8.  NRS 374.640 is hereby amended to read as follows:

      374.640  Except as otherwise provided in NRS 360.235:

      1.  No refund may be allowed unless a claim for it is filed with the department within 3 years [from] after the last day of the month following the close of the period for which the overpayment was made [,] or, with respect to determinations made [under] pursuant to NRS 374.405 to 374.460, inclusive, within 6 months after the determinations become final, or within 6 months [from] after the date of overpayment, whichever period expires later.

      2.  No credit may be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the department within that period, or unless the credit relates to a period for which a waiver is given pursuant to [NRS 374.435.] section 1 of this act.

      Sec. 9.  NRS 375A.180 is hereby amended to read as follows:

      375A.180  1.  In a case not involving a false or fraudulent return or failure to file a return, if the department determines at any time after the tax is due, but not later than 4 years after the return is filed [,] unless a longer period is provided by federal law, that the tax disclosed in any return required to be filed by NRS 375A.015 to 375A.345, inclusive, is less than the tax disclosed by its examination, a deficiency must be determined. That determination may also be made within such time after the expiration of the [4-year] period as may be agreed upon in writing between the department and the personal representative.


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

ê1991 Statutes of Nevada, Page 1409 (Chapter 486, SB 528)ê

 

      2.  For purposes of this section, a return filed before the last day prescribed by law for filing that return must be considered as filed on that last day.

      Sec. 10.  NRS 375B.210 is hereby amended to read as follows:

      375B.210  1.  In a case not involving a false or fraudulent return or failure to file a return, if the department determines at any time after the tax is due, but not later than 4 years after the return is filed [,] unless a longer period is provided by federal law, that the tax disclosed in any return required to be filed by this chapter is less than the tax owed to the State of Nevada, a deficiency must be determined. That determination may also be made within such time after the expiration of the [4-year] period as may be agreed upon in writing between the department and the person liable for the tax.

      2.  For purposes of this section, a return filed before the last day prescribed by law for filing that return must be considered as filed on that last day.

      Sec. 11.  NRS 372.430 and 374.435 are hereby repealed.

 

________

 

 

CHAPTER 487, SB 456

Senate Bill No. 456–Committee on Judiciary

CHAPTER 487

AN ACT relating to punishment for crime; providing for credits toward the sentence of an offender who is paroled or who is convicted of a felony and sentenced to residential confinement; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  As used in NRS 209.451, this section and section 3 of this act, unless the context otherwise requires:

      1.  “Offender” includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.

      2.  “Residential confinement” means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176.2231 to 176.2237, inclusive, or 213.152 to 213.1528, inclusive.

      Sec. 3.  1.  An offender who is sentenced after June 30, 1991, for a crime committed before July 1, 1985, and who is:

      (a) Released on parole for a term less than life; or

      (b) Sentenced, ordered or otherwise assigned to serve a term of residential confinement, must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year.


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

ê1991 Statutes of Nevada, Page 1410 (Chapter 487, SB 456)ê

 

must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 2 months for each of the first 2 years, 4 months for each of the next 2 years, and 5 months for each of the remaining years of the term, and pro rata for any part of a year where the actual term served is for more or less than a year. Credit must be recorded on a monthly basis as earned. Credits accumulate pursuant to this subsection as shown in the table set forth in subsection 2 of NRS 209.443.

      2.  An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is:

      (a) Released on parole for a term less than life; or

      (b) Sentenced, ordered or otherwise assigned to serve a term of residential confinement,

must, if he has no serious infraction of the terms and conditions of his parole or residential confinement or the laws of this state recorded against him, be allowed for the period he is actually on parole or in residential confinement a deduction of 10 days from his sentence for each month he serves.

      3.  An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.

      4.  Credits earned pursuant to this section:

      (a) Must, in addition to any credits earned pursuant to NRS 209.443, 209.446 and 209.449, be deducted from the maximum term imposed by the sentence.

      (b) If earned while serving a term of residential confinement, apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      5.  The director shall maintain records of the credits to which each offender is entitled pursuant to this section.

      6.  Nothing in this section authorizes or requires any person, court or other entity to sentence, order or otherwise assign an offender to serve a term of residential confinement.

      Sec. 4.  NRS 209.451 is hereby amended to read as follows:

      209.451  1.  If any offender:

      (a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;

      (b) Is guilty of any flagrant disregard of the regulations of the department [;] or of the terms and conditions of his residential confinement; or

      (c) Commits any misdemeanor, gross misdemeanor or felony,

he forfeits all deductions of time earned by him before the commission of that offense, or forfeits such part of those deductions as the director considers just.


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

ê1991 Statutes of Nevada, Page 1411 (Chapter 487, SB 456)ê

 

      2.  If any offender commits a serious violation of any of the regulations of the department [,] or of the terms and conditions of his residential confinement, he may forfeit all or part of such deductions, in the discretion of the director.

      3.  A forfeiture may be made only by the director after proof of the offense and notice to the offender. The decision of the director regarding a forfeiture is final.

      4.  The director may restore credits forfeited for such reasons as he considers proper.

      Sec. 5.  Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a parolee violates a condition of his parole, he forfeits all or part of the credits earned by him pursuant to section 3 of this act after his release on parole, in the discretion of the board.

      2.  A forfeiture may be made only by the board after proof of the violation and notice to the parolee.

      3.  The board may restore credits forfeited for such reasons as it considers proper.

      4.  The chief parole and probation officer shall report to the director of the department of prisons any forfeiture or restoration of credits pursuant to this section.

      Sec. 6.  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.

      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. 7.  NRS 213.1519 is hereby amended to read as follows:

      213.1519  1.  Except as otherwise provided in subsection 2, a parolee whose parole is revoked by decision of the board for a violation of any rule or regulation governing his conduct:

      (a) Forfeits all previously earned credits for good behavior ; [earned before his parole;] and

      (b) Must serve such part of the unexpired term of his original sentence as may be determined by the board. The board may restore any credits forfeited under this subsection.

      2.  A parolee released on parole pursuant to NRS 213.1215 whose parole is revoked for a violation of any rule or regulation governing his conduct:

      (a) Forfeits all previously earned credits for good behavior ; [earned before his parole;]

      (b) Must serve the entire unexpired term of his original sentence; and

      (c) May not again be released on parole during his term of imprisonment.


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

ê1991 Statutes of Nevada, Page 1412 (Chapter 487, SB 456)ê

 

      3.  If a person, after his release on parole, is convicted in another jurisdiction of a crime and sentenced to imprisonment for a term of more than 1 year, he may be given a dishonorable discharge from parole.

      Sec. 8.  This act becomes effective on July 1, 1991.

 

________

 

 

CHAPTER 488, AB 484

Assembly Bill No. 484–Committee on Judiciary

CHAPTER 488

AN ACT relating to judgments; creating additional exemptions from execution; revising certain related notices; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION YOUR PROPERTY IS

BEING ATTACHED OR YOUR WAGES

ARE BEING GARNISHED

 

       A court has determined that you owe money to ....................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.


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

ê1991 Statutes of Nevada, Page 1413 (Chapter 488, AB 484)ê

 

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than [$1,000.] $1,500.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       13.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ....................(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.


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

ê1991 Statutes of Nevada, Page 1414 (Chapter 488, AB 484)ê

 

      Sec. 2.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) [One] Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed [$1,000] $1,500 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraph (n), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.


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

ê1991 Statutes of Nevada, Page 1415 (Chapter 488, AB 484)ê

 

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed $95,000 in value and the dwelling is situate upon lands not owned by him.

      (n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $100,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code; and

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

      2.  No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

      Sec. 3.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:


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

ê1991 Statutes of Nevada, Page 1416 (Chapter 488, AB 484)ê

 

NOTICE OF EXECUTION YOUR PROPERTY IS

BEING ATTACHED OR YOUR WAGES

ARE BEING GARNISHED

 

       Plaintiff, ....................(name of person,) alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than [$1,000.] $1,500.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       13.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).


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

ê1991 Statutes of Nevada, Page 1417 (Chapter 488, AB 484)ê

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

       If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      Sec. 4.  This act becomes effective at 12:01 a.m. on October 1, 1991.

 

________


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

ê1991 Statutes of Nevada, Page 1418ê

 

CHAPTER 489, AB 365

Assembly Bill No. 365–Assemblymen Lambert, Spriggs, Freeman, Bennett, Petrak, Johnson, Hardy, Sader, Porter, Kerns, Carpenter, Elliott, McGaughey, Bergevin, Garner, Gregory, Gibbons, Krenzer, Little, McGinness, Stout, Heller, Myrna Williams, Humke, Arberry, Goetting, Bache, Pettyjohn, Price and Wong

CHAPTER 489

AN ACT relating to trade practices; prohibiting a business from recording certain numbers as a condition of accepting a check or a credit card; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record the account number of any of a customer’s credit cards on the customer’s check or draft as a condition of accepting that check or draft. This subsection does not prohibit:

      (a) The business from requiring the customer to produce reasonable forms of positive identification other than a credit card, such as a driver’s license or identification card, as a condition of accepting a check or draft.

      (b) The business from requesting the customer to display a credit card as an indicia of creditworthiness or financial responsibility, if the only information recorded by the business concerning the credit card is the type of credit card displayed, the issuer of the card and the date the card expires.

      (c) The business from requesting the customer to record the account number of his credit card on the check or draft with which payment on the credit card account is being made.

      (d) The business from requesting the production of or recording of the account number of a credit card as a condition of cashing a check or draft if:

             (1) The business has agreed with the issuer of the credit card to cash the checks or drafts as a service to the cardholders of the issuer;

             (2) The issuer has agreed to guarantee any such check or draft so cashed; and

             (3) The cardholder has given actual, apparent or implied authority for the use of his account number for this purpose.

      2.  Except as otherwise provided in this subsection, a business shall not, without the customer’s consent, record a customer’s telephone number on the credit card sales slip as a condition of accepting his credit card. This subsection does not:

      (a) Prohibit the recordation of personal identifying information required for a special purpose incidental to the use of the credit card, such as the delivery, shipping, servicing or installation of the purchased merchandise.

      (b) Apply to a transaction in which the customer receives a cash advance against his credit card or to a transaction involving the use of preprinted spaces for personal identifying information that the business accepting the credit card has a contractual obligation to record in order to complete the transaction.


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

ê1991 Statutes of Nevada, Page 1419 (Chapter 489, AB 365)ê

 

credit card has a contractual obligation to record in order to complete the transaction.

      (c) Apply to a transaction in which the customer’s purchase is made by the use of a device that electronically authorizes the use of the credit card and processes information relating thereto.

      3.  As used in this section, unless the context otherwise requires, “credit card” has the meaning ascribed to it in NRS 205.630.

 

________

 

 

CHAPTER 490, SB 570

Senate Bill No. 570–Senators Glomb, Tyler and Cook

CHAPTER 490

AN ACT relating to children; expressing the intent of the legislature that law enforcement agencies give a high priority to the investigation of crimes concerning missing children; requiring the attorney general and district attorneys to give priority to cases concerning abducted children; requiring a governmental agency or a school district that receives a request for the records of a missing child to notify the clearinghouse for information concerning missing children; authorizing a law enforcement officer to take a child into protective custody under certain circumstances; prohibiting the aiding or abetting of certain offenses concerning children; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  It is the intent of the legislature that law enforcement agencies in this state give a high priority to the investigation of crimes concerning missing children.

      Sec. 3.  1.  A law enforcement agency, upon receiving and verifying a report of a missing child, other than a child who has run away, shall immediately transmit the full contents of the report by the fastest means available to the clearinghouse for information concerning missing children.

      2.  The clearinghouse shall, upon receipt of the report, immediately notify any governmental agency in possession of the birth certificate of the child and the superintendent of schools of the school district in possession of the educational records of the child that the child is missing.

      3.  Upon receiving such notification, the agency or superintendent shall:

      (a) Maintain the birth certificate or educational records in such a manner as to ensure that the clearinghouse is notified immediately if a request is made for the birth certificate or educational records.

      (b) Immediately notify the clearinghouse upon receiving any such request before releasing the birth certificate or educational records, including notification of the identity and location or address of the person making the request.


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

ê1991 Statutes of Nevada, Page 1420 (Chapter 490, SB 570)ê

 

      (c) Not disclose to the person making the request any communication with the clearinghouse or the fact that a communication must be made.

      Sec. 4.  1.  A law enforcement agency shall act promptly in obtaining a warrant for the arrest of any person it has probable cause to believe is criminally responsible for the disappearance of a missing child.

      Sec. 5.  The attorney general or district attorney shall give cases concerning abducted children priority to expedite the arrest and conviction of the person criminally responsible for the disappearance or concealment of an abducted child.

      Sec. 6.  NRS 432.150 is hereby amended to read as follows:

      432.150  As used in NRS 432.150 to 432.220, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:

      1.  “Clearinghouse for information concerning missing children” or “clearinghouse” means the program established by the attorney general pursuant to NRS 432.170.

      2.  “Division” means the investigation division of the department of motor vehicles and public safety.

      [2.] 3.  “Missing child” means a person under the age of 18 years who has run away or is otherwise missing from the care, custody and control of his parent or guardian.

      Sec. 7.  NRS 432.200 is hereby amended to read as follows:

      432.200  1.  A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by his parent,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

      (a) Transmit all available information about the child to the division within 36 hours after the report is received;

      (b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary; [and

      (c) Within 15 days after receiving a report in which the child is classified as a runaway, and within 24 hours after receiving the report in all other cases, notify the National Crime Information Center of the child’s disappearance.]

      (c) Fully comply with the requirements of the National Child Search Assistance Act of 1990 (Title XXXVII of Public Law 101-647, 104 Stat. 4966); and

      (d) Enter into the National Crime Information Center’s Missing Person File, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted such unlawful abduction or detention.

      2.  A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

      (a) The suspect; and

      (b) As miscellaneous information, the missing child.


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ê1991 Statutes of Nevada, Page 1421 (Chapter 490, SB 570)ê

 

The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File.

      3.  If a missing child has not been located within 30 days after a report is filed, the law enforcement agency that received the initial report shall, and the division may, ask the child’s parent or guardian to consent to the release of the child’s dental records. The law enforcement agency shall transmit all dental records so released to it to the division. The division shall, upon its receipt of the dental records of the missing child, compare those records with the dental records of unidentified deceased children. This subsection does not preclude the voluntary release of the missing child’s dental records by his parent or guardian at any time.

      [3.] 4.  The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency when he is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center [.] and the clearinghouse for information concerning missing children.

      Sec. 8.  NRS 125.510 is hereby amended to read as follows:

      125.510  1.  In determining custody of a minor child in an action brought under this chapter, the court may:

      (a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest; and

      (b) At any time modify or vacate its order, even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.

      2.  Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.

      3.  Any order for custody of a minor child or children of a marriage entered by a court of another state may, subject to the jurisdictional requirements in chapter 125A of NRS, be modified at any time to an order of joint custody.

      4.  A party may proceed pursuant to this section without counsel.

      5.  All orders authorized by this section must be made in accordance with the provisions of chapter 125A of NRS [.] and must contain the following language:

 

      PENALTY FOR VIOLATION OF ORDER:  THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A FELONY BY UP TO 6 YEARS IN PRISON. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.


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ê1991 Statutes of Nevada, Page 1422 (Chapter 490, SB 570)ê

 

an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.

 

      6.  Except where a contract providing otherwise has been executed pursuant to NRS 123.080, the obligation for care, education, maintenance and support of any minor child created by any order entered pursuant to this section ceases:

      (a) Upon the death of the person to whom the order was directed; or

      (b) When the child reaches 18 years of age if he is no longer enrolled in high school, otherwise, when he reaches 19 years of age.

      Sec. 9.  Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      A law enforcement officer who is conducting an investigation or making an arrest concerning the abduction of a child shall take the child into protective custody if he reasonably believes that the child is in danger of being removed from the jurisdiction.

      Sec. 10.  NRS 200.359 is hereby amended to read as follows:

      200.359  1.  Except as otherwise provided in subsection 5, every person having a limited right of custody to a child pursuant to an order, judgment or decree of any court, including a judgment or decree which grants another person rights to custody or visitation of the child, or any parent having no right of custody to the child, who:

      (a) In violation of an order, judgment or decree of any court willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child; or

      (b) In the case of an order, judgment or decree of any court that does not specify when the right to physical custody or visitation is to be exercised, removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation,

shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not less than $1,000 nor more than $5,000, or by both fine and imprisonment.

      2.  Except as otherwise provided in subsection 5, if a court has not made a determination regarding the custody of a child, a person who claims a right to custody or visitation of the child and who willfully detains, conceals or removes the child from another person who claims a right to custody or visitation with the intent to deprive that person of the custody or visitation shall be punished as provided in subsection 1. The provisions of this subsection do not apply to a person who removes the child if the child is in immediate danger of abuse or neglect , [and] the child is removed to protect him from abuse or neglect [.] and the person reports his action to a law enforcement agency or an agency which provides protective services to children within 24 hours after removing the child. As used in this subsection [, “abuse or neglect”] :

      (a) “Abuse or neglect” has the meaning ascribed to it in paragraph (a) of subsection 3 of NRS 200.508.


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ê1991 Statutes of Nevada, Page 1423 (Chapter 490, SB 570)ê

 

      (b) “Agency which provides protective services” has the meaning ascribed to it in NRS 432B.030.

      3.  Before an arrest warrant may be issued for a violation of this section, the court must find that:

      (a) This is the home state of the child, as defined in subsection 5 of NRS 125A.040; and

      (b) There is probably cause to believe that the child has been wrongfully removed from the jurisdiction of the court and:

             (1) Wrongfully removed from the physical custody of the person entitled to custody; or

             (2) Wrongfully retained after a visit or other temporary relinquishment of physical custody.

      4.  Upon conviction, the court shall order the defendant to provide restitution for any expenses incurred by the parent, guardian or other person in locating or recovering the child.

      5.  The prosecuting attorney may recommend to the judge that the defendant be sentenced as for a misdemeanor and the judge may impose such a sentence if he finds that:

      (a) The defendant has no prior conviction for this offense.

      (b) The interests of justice require that the defendant be punished as for a misdemeanor.

      6.  A person who aids or abets any other person to violate the provisions of this section shall be punished as provided in subsection 1.

 

________

 

 

CHAPTER 491, AB 104

Assembly Bill No. 104–Assemblymen Myrna Williams, Porter, Price, Callister, Arberry, Goetting, McGaughey, Norton, Giunchigliani, Gregory, Carpenter, Spitler, Little, Krenzer, Wendell Williams, Scherer, Stout, Bayley, Hardy, Garner, Bennett, Petrak, Wong and Bache

CHAPTER 491

AN ACT relating to taxation; requiring the department of taxation to establish uniform standards and required training concerning the assessment of property by county assessors; revising the provisions governing the assessment roll of county assessors; revising the formula for the distribution of the proceeds of the supplemental city-county relief tax; authorizing certain counties to impose certain additional taxes to replace revenue lost as a result of the revision of the formula; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

      whereas, In 1981, the Nevada Legislature substantially revised the laws governing the financial structure of the local governments of this state; and

      whereas, As part of that revision the supplemental city-county relief tax was imposed at the rate of 1.75 percent of taxable sales and a formula was enacted which allocated the revenue from that tax among the local governments; and

      whereas, The amount of property taxes that each local government was allowed to receive was reduced by an amount equal to the amount of revenue from the supplemental city-county relief tax that was allocated to that local government; and

 


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ê1991 Statutes of Nevada, Page 1424 (Chapter 491, AB 104)ê

 

from the supplemental city-county relief tax that was allocated to that local government; and

      whereas, Various other controls were also instituted that limited the amount of revenue which could be received by a local government; and

      whereas, The formula for the distribution of the supplemental city-county relief tax was based upon the replacement of equal amounts of property tax revenue and did not attempt to return a particular portion of the proceeds of the sales and use tax to the area in which they were collected; and

      whereas, This legislature hereby finds and determines that it is more equitable to distribute the revenue from the supplemental city-county relief tax to the counties in which it was collected and to counties in which the persons who pay the tax may reside; and

      whereas, The changes in the formula to accomplish the new goals necessitate changes that are different for each county and will cause shortfalls in revenue in some medium-sized counties which must be made up with new tax revenue; and

      whereas, It is in the best interests of this state to continue to limit the total revenues received by local governments and therefore it is necessary to authorize new taxes only for certain medium-sized counties to retain the balance and ensure equity and fairness in taxation throughout the state; and

      whereas, The legislature finds and declares that a general law cannot be made applicable to the situation because of the economic diversity of the local governments of this state, the unusual growth patterns in certain of those local governments and the special conditions experienced in certain counties related to the need to provide basic services; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 360.215 is hereby amended to read as follows:

      360.215  The department [may:

      1.  Assist] :

      1.  May assist the county assessors in appraising property within their respective counties which the ratio study shows to be [assessed at more or less than 35 percent of its taxable value.

      2.  Consult] in need of reappraisal.

      2.  Shall consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to [the end] ensure that assessments of property by county assessors are made equal in each of the several counties of this state.

      [3.  Visit] These procedures must include uniform methods for:

      (a) Assessing, projecting and reporting construction work in progress and other new property; and

      (b) Counting and reporting housing units.

      3.  Shall visit a selective cross section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various county assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.


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ê1991 Statutes of Nevada, Page 1425 (Chapter 491, AB 104)ê

 

value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.

      4.  [Carry] Shall carry on a continuing study, the object of which is the equalization of property values between counties.

      5.  [Carry] Shall carry on a program of in-service training for county assessors of the several counties of the state, and each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest methods, procedures and practices in assessing property. Expenses of attending such classes are a proper and allowable charge by the board of county commissioners in each county.

      6.  [Continually] Shall continually supervise assessment procedures which are carried on in the several counties of the state and advise county assessors in the application of such procedures. The department shall make a complete written report to each session of the legislature, which must include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which [such] the recommendations have been followed.

      7.  [Carry] Shall carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the department to the end that [such] the assessment is equalized with the property assessable by county assessors.

      8.  [Conduct] May conduct appraisals at the request of and in conjunction with any county assessor when [such] the assessor considers such assistance necessary. One-half of the cost of [such] the appraisal must be paid by the county. In lieu of a cash payment, the county may provide labor, material or services having a value equal to one-half of the appraisal cost.

      9.  Shall establish and maintain a manual of assessment policies and procedures.

      Sec. 2.  NRS 361.300 is hereby amended to read as follows:

      361.300  1.  On or before January 1 of each year, the county assessor shall transmit to the county clerk, post at the front door of the courthouse and publish in a newspaper published in the county a notice to the effect that the secured tax roll is completed and open for inspection by interested persons of the county.

      2.  If the county assessors fails to complete the assessment roll in the manner and at the time specified in this section, the board of county commissioners shall not allow him a salary or other compensation for any day after January 1 during which the roll is not completed, unless excused by the board of county commissioners.

      3.  Except as otherwise provided in subsection [3,] 4, each board of county commissioners shall by resolution, before December 1 of any fiscal year in which assessment is made, require the county assessor to prepare a list of all the taxpayers on the secured roll in the county and the total valuation of property on which they severally pay taxes and direct the county assessor:

      (a) To cause such list and valuations to be printed and delivered by the county assessor or mailed by him on or before January 1 of the fiscal year in which assessment is made to each taxpayer in the county; or


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ê1991 Statutes of Nevada, Page 1426 (Chapter 491, AB 104)ê

 

      (b) To cause such list and valuations to be published once on or before January 1 of the fiscal year in which assessment is made in a newspaper of general circulation in the county.

      [3.] 4.  A board of county commissioners may, in the resolution required by subsection [2,] 3, authorize the county assessor not to deliver or mail the list, as provided in paragraph (a) of subsection [2,] 3, to taxpayers whose property is assessed at $1,000 or less and direct the county assessor to mail to each such taxpayer a statement of the amount of his assessment. Failure by a taxpayer to receive such a mailed statement does not invalidate any assessment.

      [4.] 5.  The several boards of county commissioners in the state may allow the bill contracted with their approval by the county assessor under this section on a claim to be allowed and paid as are other claims against the county.

      [5.] 6.  Whenever property is appraised or reappraised pursuant to NRS 361.260, the county assessor shall, on or before January 1 of the fiscal year in which the appraisal or reappraisal is made, deliver or mail to each owner of such property a written notice stating its assessed valuation as determined from the appraisal or reappraisal.

      7.  If the secured tax roll is changed pursuant to NRS 361.310, the county assessor shall mail an amended notice of assessed valuation to each affected taxpayer. The notice must include the dates for appealing the new assessed valuation.

      8.  Failure by the taxpayer to receive [such] a notice required by this section does not invalidate the appraisal or reappraisal.

      Sec. 3.  NRS 361.310 is hereby amended to read as follows:

      361.310  1.  On or before January 1 of each year, the county assessor of each of the several counties shall complete his [tax list or] assessment roll, and shall take and subscribe to an affidavit written therein to the effect that he has made diligent inquiry and examination to ascertain all the property within the county subject to taxation, and required to be assessed by him, and that he has assessed the property on the assessment roll equally and uniformly, according to the best of his judgment, information and belief, at the rate provided by law. A copy of the affidavit must be filed immediately by the assessor with the department. The failure to take or subscribe to the affidavit does not in any manner affect the validity of any assessment contained in the assessment roll.

      2.  The county assessor [may] shall close his roll as to all changes [in ownership of property on December 1 of each year or on any other date which may be approved by the board of county commissioners. After January 1, the roll may be reopened for changes in ownership until June 15 or any other date approved by the board of county commissioners.

      3.  The county assessor may close his roll as to changes in the parceling of property on December 1 of each year or on any other date which may be approved by the board of county commissioners.] on the day he delivers it for publication. The roll may be reopened beginning the next day for changes that occur before July 1 in:

      (a) Ownership;

      (b) Improvements as a result of new construction, destruction or removal;


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ê1991 Statutes of Nevada, Page 1427 (Chapter 491, AB 104)ê

 

      (c) Land parceling;

      (d) Site improvements;

      (e) Zoning or other legal or physical restrictions on use;

      (f) Actual use;

      (g) Exemptions; or

      (h) Items of personal property on the secured roll,

or to correct overassessments because of a factual error in size or age.

      3.  Any changes made after the roll is reopened pursuant to subsection 2 may be appealed to the county board of equalization in the current year or the next succeeding year.

      4.  Each county assessor shall keep a log of all changes in value made to the secured roll after it has been reopened. On or before October 31 of each year, the county assessor shall transmit a copy of the log to the board of county commissioners and the Nevada tax commission.

      Sec. 4.  NRS 361.335 is hereby amended to read as follows:

      361.335  [1.  As soon as completed, the assessment roll shall be delivered by the county assessor to the clerk of the board of county commissioners.

      2.  The] After the assessment roll has been completed pursuant to NRS 361.300, the clerk of the board of county commissioners shall thereupon immediately give notice thereof and of the time the county board of equalization will meet to equalize assessments. The notice [shall] must be given by publication in a newspaper of the county, if there is one so published in the county, and by posting at the front door of the courthouse, and in such additional manner as the board of county commissioners may direct.

      [3.  The assessment roll shall be open to inspection at all times, while in the possession of the clerk of the board of county commissioners, by any person of the county.

      4.  If the county assessor fails to deliver the assessment roll in the manner and at the time specified herein, no salary or other compensation shall be allowed him by the board of county commissioners for any day during which such roll is not so delivered unless excused by the board of county commissioners.]

      Sec. 5.  NRS 361.390 is hereby amended to read as follows:

      361.390  Each county assessor shall:

      1.  File with or cause to be filed with the secretary of the state board of equalization, on or before the 1st Monday in March of each year, the tax roll, or a true copy thereof, of his county for the current year as corrected by the county board of equalization.

      2.  Prepare and file with the [secretary of the state board of equalization, on or before the 1st Monday in March of each year, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year.] department on or before January 31, and again on or before the first Monday in March, of each year a segregation report showing the assessed values for each taxing entity within the county on a form prescribed by the department. The assessor shall make any projections required for the current fiscal year. The department shall make any projections required for the upcoming fiscal year.

      3.  Prepare and file with the department on or before July 31 for the secured roll and on or before April 30 for the unsecured roll, a statistical report showing values for all categories of property on a form prescribed by the department.


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ê1991 Statutes of Nevada, Page 1428 (Chapter 491, AB 104)ê

 

report showing values for all categories of property on a form prescribed by the department.

      Sec. 6.  NRS 361.483 is hereby amended to read as follows:

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

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

      3.  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] third 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. 6.5.  NRS 377.055 is hereby amended to read as follows:

      377.055  1.  The department, shall monthly determine for each county an amount of money equal to the sum of:

      (a) Any fees and any taxes, interest and penalties which derive from the basic city-county relief tax collected in that county pursuant to this chapter during the preceding month, less the amount transferred to the state general fund pursuant to subsection 3 of NRS 377.050 ; [and the sum of any amounts distributed pursuant to NRS 377.053;] and

      (b) That proportion of the total amount of taxes which derive from that portion of the tax levied at the rate of one-half of 1 percent collected pursuant to this chapter during the preceding month from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.


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ê1991 Statutes of Nevada, Page 1429 (Chapter 491, AB 104)ê

 

that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.

      2.  The department shall apportion and the state controller shall remit the amount determined for each county in the following manner:

      (a) If there is one incorporated city in the county, apportion the money between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

      (b) If there are two or more cities in the county, apportion all such money among the cities in proportion to their respective populations.

      (c) If there are no incorporated cities in the county, remit the entire amount to the county treasurer for deposit in the county general fund.

      3.  The provisions of subsection 2 do not apply to Carson City, where the treasurer shall deposit the entire amount determined for the city and received from the state controller in the general fund.

      4.  For the purpose of the distribution required by this section, the occasional sale of a vehicle shall be deemed to take place in the county to which the privilege tax payable by the buyer upon that vehicle is distributed.

      Sec. 7.  NRS 377.057 is hereby amended to read as follows:

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

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

 

                                   Political Subdivision                                       Percent-

                                                                                                                   age

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

      (b) For the fiscal years beginning on and after July 1, 1990, deposit in the emergency fund of the supplemental city-county relief tax the monthly amount required to replenish that fund as determined by the executive director.


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ê1991 Statutes of Nevada, Page 1430 (Chapter 491, AB 104)ê

 

amount required to replenish that fund as determined by the executive director. On or before July 10 of each year the executive director shall determine the balance that existed in the emergency fund of the supplemental city-county relief tax as of June 30 of the preceding fiscal year and subtract that amount from $2,500,000 to determine the annual amount necessary to replenish the emergency fund. Upon determining the amount necessary to replenish the fund, the executive director shall divide that amount by 12 to determine the monthly amount required to replenish the fund and report that amount to the state controller.

      (c) Distribute to each local government that is eligible to receive a portion of the tax, the amount calculated for it by the department of taxation pursuant to subsection 2.

      2.  The amount remaining each month after any distributions required pursuant to NRS 377.053 and paragraphs (a) and (b) of subsection 1 must be distributed to the counties in the same proportion that the sum of the supplemental city-county relief tax distribution factors of the county and all local governments in the county that are eligible to receive the tax bears to the sum of the supplemental city-county relief tax distribution factors of all local governments in the state that are eligible to receive the tax, except that, only the portion of the supplemental city-county relief tax distribution factor of a city incorporated after July 1, 1988, which is attributable to any town that the city replaced may be included in the total of the supplemental city-county relief tax distribution factors of the local governments in the county and the state.] , except as otherwise provided in subsection 2:

      (a) For Douglas, Esmeralda, Eureka, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties, distribute to each county an amount equal to one-twelfth of the amount distributed in the immediately preceding fiscal year multiplied by one plus:

             (1) The percentage change in the total receipts from the supplemental city-county relief tax for all counties and from out-of-state business, from the fiscal year preceding the immediately preceding fiscal year to the immediately preceding fiscal year; or

             (2) The percentage change in the population of the county added to the percentage change in the Consumer Price Index for the year ending on December 31 next preceding the year of distribution,

whichever is less, except that, if the calculations required by subparagraphs (1) and (2) both produce negative numbers, the amount distributed to the county must not be less than of the amount distributed to the county is the 1991-1992 fiscal year.

      (b) For all other counties, distribute the amount remaining after making the distributions required by paragraph (a) to each county in the proportion that the amount of supplemental city-county relief tax collected in the county for the month bears to the total amount of supplemental city-county relief tax collected for that month in the counties whose distribution will be determined pursuant to this paragraph.

      2.  If the amount of supplemental city-county relief tax collected in a county listed in paragraph (a) of subsection 1 for any fiscal year exceeds by more than 10 percent the amount distributed pursuant to paragraph (a) to that county for the same fiscal year, the state controller shall distribute that county’s portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years.


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ê1991 Statutes of Nevada, Page 1431 (Chapter 491, AB 104)ê

 

county’s portion of the proceeds from the supplemental city-county relief tax pursuant to paragraph (b) in all subsequent fiscal years.

      3.  The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district, any district to provide a telephone number for emergencies, any district created under chapter 318 of NRS to furnish emergency medical services, any redevelopment agency, any tax increment area and any other local government excluded by specific statute, in the proportion which each local government’s basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments.

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

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

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

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

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

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

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

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

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

      [6.  For each fiscal year beginning on or after July 1, 1989, the supplemental city-county relief tax distribution factor of each local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax must be calculated as follows:

      (a) The assessed valuation of the local government for the preceding fiscal year including the assessed valuation of property on the central assessment roll allocated to a local government and the assessed valuation attributable to a redevelopment area or tax increment area, but excluding any assessed valuation attributable to the net proceeds of minerals, must be added to an amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year.


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ê1991 Statutes of Nevada, Page 1432 (Chapter 491, AB 104)ê

 

amount equal to the product of that assessed valuation multiplied by the proportionate increase in the Consumer Price Index for the preceding calendar year. To this sum must be added the assessed valuation of new real property, possessory interests and mobile homes added to the assessment rolls in the past year and allocable to the local government.

      (b) The percentage increase that the total calculated pursuant to paragraph (a) represents over the assessed valuation including the assessed valuation of property on the central assessment roll allocable to the local government but excluding any assessed valuation attributable to the net proceeds of minerals, is the percentage by which the supplemental city-county relief tax distribution factor may increase over the amount for the previous year.

      7.  For the fiscal years beginning on and after July 1, 1990, if the assessed valuation of all real property, possessory interests and mobile homes owned by the state within the boundaries of a local government, except a fire protection district to which the provisions of subsection 8 apply, exceeds 5 percent of the total assessed valuation of the local government, an amount equal to any increase over the preceding fiscal year in the assessed valuation of all real property, possessory interests and mobile homes that are owned by the state, exempt from taxation and within the boundaries of the local government must be added to the sum determined pursuant to paragraph (a) of subsection 6 and used in the calculation required by that subsection in the same manner as the assessed value of new real property.

      8.  The county assessor shall continue to assess real property which is transferred from private ownership to public ownership for the purpose of conservation as if it remained taxable property and the assessed valuation of that property must continue to be included in calculating the supplemental city-county relief tax distribution factor of any fire protection district in which such property is located.

      9.  If a local government that is eligible to receive a portion of the revenue from the supplemental city-county relief tax levies a tax ad valorem for debt service for an obligation which has previously been repaid from another source, the supplemental city-county relief tax distribution factor of that local government calculated pursuant to this section must be reduced by the amount of that debt levy.

      10.  If a board of county commissioners which during the fiscal year ending on June 30, 1981, distributed all or part of the state gaming license fees received pursuant to paragraph (b) of subsection 2 of NRS 463.320 to other local governments thereafter reduces or discontinues that distribution, the supplemental city-county relief tax distribution factor for the county calculated pursuant to this section must be reduced by an equal amount.

      11.] 7.  On or before February 15 of each year, the executive director shall provide to each local government a preliminary estimate of the revenue it will receive from the supplemental city-county relief tax in the next fiscal year.

      [12.] 8.  On or before March 15 of each year, the executive director shall:

      (a) Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and


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ê1991 Statutes of Nevada, Page 1433 (Chapter 491, AB 104)ê

 

      (b) Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to paragraph (a) and calculated pursuant to the provisions of this section.

      [13.] 9.  A local government may use the estimate provided by the executive director pursuant to subsection [12] 8 in the preparation of its budget.

      Sec. 7.5.  NRS 244A.755 is hereby amended to read as follows:

      244A.755  1.  If a project is for the generation and transmission of electricity, payments must be made as provided in this section:

      (a) In lieu of ad valorem taxes on property owned by the county, and distributed in the same manner as those taxes would be distributed pursuant to NRS 361.320; and

      (b) In lieu of the sales and use tax, local school support tax and city-county relief tax on tangible personal property purchased or used, and distributed [either pursuant to NRS 377.053 or] in the same manner as the tax would be distributed pursuant to NRS 372.780 , [or] 374.785, 377.055 or 377.057, whichever applies.

      2.  The payments in lieu of taxes specified in paragraph (b) of subsection 1 must be paid on any incident of sale, use, storage or other consumption of property which, pursuant to the Sales and Use Tax Act, Local School Support Tax Law or an ordinance or ordinances adopted pursuant to the City-County Relief Tax Law, would be taxable if the exemptions for counties contained, respectively, in NRS 372.325 and 374.330 were not applicable. No such payment applies to any incident previously subjected to a sales or use tax. Except as otherwise provided in this section and except to the extent that they would be inconsistent with the provisions of this section, the provisions of the Sales and Use Tax Act, Local School Support Tax Law, the City-County Relief Tax Law, any ordinance or ordinances adopted pursuant thereto, and other laws of the state dealing with taxes on the sale or use of tangible personal property govern the collection, payment, method of protest, exemptions and other matters relating to the payments required in lieu of these taxes.

      3.  The payments in lieu of ad valorem taxes must equal the ad valorem taxes that would have been payable were the project subject to ad valorem taxation and to assessment pursuant to NRS 361.320. This section does not preclude the legislature from changing the method of assessment or allocation of payments in lieu of ad valorem taxes. The due date of payments in lieu of ad valorem taxes to a particular taxing entity and the tax rate with respect to the portion of the valuation of a project allocated to that entity must be determined in the same manner as for property which is subject to ad valorem taxation by that taxing entity.

      4.  The county shall, in the agreement with each purchaser of capacity require that the purchaser, or all of them collectively, make timely payments, whether or not the capacity is taken or available, sufficient in time and amount, to the extent that such payments are not otherwise provided for from bond proceeds or other funds specifically made available therefor, to provide for the payments in lieu of taxes required by this section. The agreements must provide the method of determining the amount of such payments to be made by each such purchaser.


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ê1991 Statutes of Nevada, Page 1434 (Chapter 491, AB 104)ê

 

      5.  The payments in lieu of taxes required by this section during the construction of the project are the responsibility of the participant who, pursuant to subsection 2 of NRS 244A.741, is constructing the project and the payments in lieu of taxes during the period of operation of the project are the responsibility of the participant who, pursuant to that subsection, is operating the project. The responsibility of making such payments is limited to the extent that there is legally available to the responsible participant, from the payments, proceeds or other funds mentioned in subsection 4, money to make such payments and the obligation of such participant or participants to make such payments in lieu of taxes is not a general obligation or liability of the responsible participant. That participant shall take appropriate action to enforce the obligation, provided for in subsection 4, of the participants in the project. A payment in lieu of taxes must not be made to the extent that the making of the payment would cause a deficiency in the money available to the county to make required payments of principal of, premium, if any, or interest on any bonds issued by the county to finance the project or to make required payments to any funds established under the proceedings under which such bonds were issued and secured. No lien attaches upon any property or money of the county or any property or money of the participant or participants mentioned in the first sentence of this subsection by virtue of any failure to pay all or any part of any in lieu of taxes. The participant or participants constructing or operating the project or any other participant in the project may contest the validity of any payment in lieu of a tax to the same extent as if such payment were a payment of the tax itself. The payments in lieu of taxes must be reduced if and to the extent that such contest is successful.

      6.  So long as a purchaser of capacity of the project is required to make payments pursuant to subsection 4, that purchaser is not required to make any payment of tax pursuant to NRS 361.157 or 361.159 in respect of its interest or rights in that project.

      7.  The obligations to make payments in lieu of taxes required by this section do not constitute a debt or indebtedness of the county and do not constitute or give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers.

      Sec. 8.  Chapter 354 of NRS is hereby amended by adding a new section to read as follows:

      “Basic ad valorem revenue” has the meaning ascribed to it in NRS 377.057.

      Sec. 9.  NRS 354.476 is hereby amended to read as follows:

      354.476  As used in NRS 354.470 to 354.626, inclusive, and section 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.478 to 354.580, inclusive, and section 8 of this act, have the meanings ascribed to them in those sections.

      Sec. 10.  NRS 354.59813 is hereby amended to read as follows:

      354.59813  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, when the estimate of the revenue available from the supplemental city-county relief tax as determined by the executive director of the department of taxation pursuant to the provisions of NRS 377.057 is less than [52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax,] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state, the governing body of each local government may levy an additional tax ad valorem for operating purposes.


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ê1991 Statutes of Nevada, Page 1435 (Chapter 491, AB 104)ê

 

county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax,] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state, the governing body of each local government may levy an additional tax ad valorem for operating purposes. The total tax levied pursuant to this section must not exceed a rate calculated to produce revenue equal to the difference between the amount of revenue from supplemental city-county relief tax estimated to be received by that local government and the tax that it would have been estimated to receive if the estimate for the total revenue available from the tax was equal to [52 percent of the sum of the supplemental city-county relief tax distribution factors of all local governments that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax.] the amount of money that would be generated by applying a tax rate of $1.15 per $100 of assessed valuation to the assessed valuation of the state.

      2.  Any additional taxes ad valorem levied as a result of the application of this section must not be included in the base from which the allowed revenue from taxes ad valorem for the next subsequent year is computed.

      Sec. 11.  NRS 354.59815 is hereby amended to read as follows:

      354.59815  1.  In addition to the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811, the board of county commissioners may levy a tax ad valorem on all taxable property in the county at a rate not to exceed 5 cents per $100 of the assessed valuation of the county.

      2.  The board of county commissioners shall direct the county treasurer to distribute quarterly the proceeds of any tax levied pursuant to the provisions of subsection 1 among the county and the cities and towns within that county in the proportion that the supplemental city-county relief tax distribution factor of each of those local governments for the 1990-1991 fiscal year bears to the sum of the supplemental city-county relief tax distribution factors of all of the local governments in the county [that are eligible to receive a portion of the proceeds of this tax.] for the 1990-1991 fiscal year.

      3.  The board of county commissioners shall not reduce the rate of any tax levied pursuant to the provisions of subsection 1 without the approval of each of the local governments that receives a portion of the tax, except that, if a local government declines to receive its portion of the tax in a particular year the levy may be reduced by the amount that local government would have received.

      Sec. 12.  NRS 354.5982 is hereby amended to read as follows:

      354.5982  1.  The local government may exceed the limit imposed by NRS 354.59811 upon the calculated receipts from taxes ad valorem only if its governing body proposes to its registered voters an additional levy ad valorem, specifying the amount of money to be derived, the purpose for which it is to be expended, and the duration of the levy, and the proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose. The governing body may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition.


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ê1991 Statutes of Nevada, Page 1436 (Chapter 491, AB 104)ê

 

      2.  To the allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 for a local government, the executive director of the department of taxation shall add any amount approved by the legislature for the cost to that local government of any substantial program or expense required by legislative enactment.

      3.  Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government which no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem [, the supplemental city-county relief tax distribution factor] and the basic ad valorem revenue, respectively, otherwise allowable to the local government or local governments pursuant to NRS 354.59811 and 377.057, an amount equal to the allowed revenue from taxes ad valorem [, the supplemental city-county relief tax distribution factor] and the basic ad valorem revenue, respectively, for the last fiscal year of existence of the local government whose functions were assumed. If more than one local government assumes the functions, the additional revenue must be divided among the local governments on the basis of the proportionate costs of the functions assumed. The Nevada tax commission shall not allow any increase in the allowed revenue from taxes ad valorem [, supplemental city-county relief tax distribution factor] or basic ad valorem revenue if the increase would result in a decrease in revenue of any local government in the county which does not assume those functions.

      Sec. 13.  NRS 354.5987 is hereby amended to read as follows:

      354.5987  1.  For the purposes of NRS 354.59811 and 377.057, the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factor] basic ad valorem revenue of any local government:

      (a) Which comes into being on or after July 1, 1989, whether newly created, consolidated, or both; or

      (b) Which was in existence before July 1, 1989, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1989,

must be initially established by the Nevada tax commission.

      2.  Except as otherwise provided in subsections 3 and 6, if the local government for which the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factor] basic ad valorem revenue are to be established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To achieve this result, the Nevada tax commission shall request the local governmental advisory committee to prepare a statement of the prior cost of performing the function for each predecessor local government. Within 60 days after receipt of such a request, the local governmental advisory committee shall prepare a statement pursuant to the request and transmit it to the Nevada tax commission. The Nevada tax commission may accept, reject or amend the statement of the local governmental advisory committee. The decision of the Nevada tax commission is final. Upon making a final determination of the prior cost of performing the function for each predecessor local government, the Nevada tax commission shall:

 


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ê1991 Statutes of Nevada, Page 1437 (Chapter 491, AB 104)ê

 

function for each predecessor local government, the Nevada tax commission shall:

      (a) Determine the percentage that the prior cost of performing the function for each predecessor local government is of the [supplemental city-county relief tax distribution factor] basic ad valorem revenue and of the allowed revenue from taxes ad valorem of that local government; and

      (b) Apply the [percentage] percentages determined pursuant to paragraph (a) to the basic ad valorem revenue and to the allowed revenue from taxes ad valorem , respectively, and subtract those amounts respectively from the basic ad valorem revenue and from the allowed revenue from taxes ad valorem of the predecessor local government . [; and

      (c) Then subtract from the supplemental city-county relief tax distribution factor of each predecessor local government, the prior cost of performing the function.]

The basic ad valorem revenue [,] and allowed revenue from taxes ad valorem , [and supplemental city-county relief tax distribution factor,] respectively, attributable to the new local government for the cost of performing the function must equal the total of the amounts subtracted for the prior cost of performing the function from the basic ad valorem revenue [,] and allowed revenue from taxes ad valorem , [and supplemental city-county relief tax distribution factor,] respectively, of all of the predecessor local governments.

      3.  If the local government for which the [supplemental city-county relief tax distribution factor] basic ad valorem revenue is to be established pursuant to subsection 1 is a city, the Nevada tax commission shall:

      (a) Using the [supplemental city-city relief tax distribution factor] basic ad valorem revenue of the town replaced by the city, if any, as a basis, set the [supplemental city-county relief tax distribution factor] basic ad valorem revenue of the city at an amount sufficient to allow the city, with other available revenue, to provide the basic services for which it was created;

      (b) [Set the basic ad valorem revenue of the city at an amount which bears the same ratio to the supplemental city-county relief tax distribution factor of the city as the sum of the basic ad valorem revenue of the county, and any town which the city is replacing, bears to the sum of the maximum supplemental city-county relief tax distribution factors of the county and the city;

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

      (d)] (a);

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

      [(e)] (d) Add to the allowed revenue from taxes ad valorem of the county the allowed revenue from taxes ad valorem for any town which the city replaced . [, except that the addition to the county must be limited so that the county does not receive from the supplemental city-county relief tax and taxes ad valorem an amount greater than its supplemental city-county relief tax distribution factor.]

      4.  In any other case, except as otherwise provided in subsection 6, the allowed revenue from taxes ad valorem [and the supplemental city-county relief tax distribution factor] of all local governments in the county, determined pursuant to NRS 354.59811 , [and 377.057,] must not be increased, but the total basic ad valorem revenue and allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.


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ê1991 Statutes of Nevada, Page 1438 (Chapter 491, AB 104)ê

 

but the total basic ad valorem revenue and allowed revenue from taxes ad valorem must be reallocated among the local governments consistent with subsection 2 to accommodate the amount established for the new local government pursuant to subsection 1.

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

      6.  In establishing the allowed revenue from taxes ad valorem [and the supplemental city-county relief tax distribution factor] of a county, city or town pursuant to this section, the Nevada tax commission shall allow a tax rate for operating expenses of at least 15 cents per $100 of assessed valuation in addition to the tax rate allowed for any identified and restricted purposes and for debt service.

      7.  As used in this section:

      (a) “Predecessor local government” means a local government which previously performed all or part of a function to be performed by the local government for which the allowed revenue from taxes ad valorem and the [supplemental city-county relief tax distribution factors] basic ad valorem revenue are being established pursuant to subsection 1.

      (b) “Prior cost of performing the function” means the amount expended by a local government to perform a function which is now to be performed by another local government. The amount must be determined on the basis of the most recent fiscal year for which reliable information is available.

      Sec. 14.  NRS 354.59871 is hereby amended to read as follows:

      354.59871  1.  The Nevada tax commission shall, upon request by the board of county commissioners, establish a rate for the levy of taxes ad valorem to provide aid and relief for indigent persons in a county in which there was no levy adopted for that purpose in the fiscal year ending June 30, 1971. The revenue collected from the taxes so levied must not exceed $54,000.

      2.  The revenue received from the rate established by the Nevada tax commission pursuant to subsection 1 must be added to the [:

      (a) Allowed] allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 . [; and

      (b) Supplemental city-county relief tax distribution factor,

for that county.]

      Sec. 15.  (Deleted by amendment.)

      Sec. 16.  NRS 354.59874 is hereby amended to read as follows:

      354.59874  [1.] Except as otherwise provided in subsection 3 of NRS 354.5982 and subsection 2 of NRS 354.5987, if one local government takes over a function or provides a service previously performed by another local government pursuant to an agreement between the local governments, upon petition by the participating local governments, the executive director of the department of taxation shall:


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ê1991 Statutes of Nevada, Page 1439 (Chapter 491, AB 104)ê

 

      [(a)] 1.  Reduce the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which previously performed the function or provided the service, for the first year the service is provided or the function is performed by an amount equal to the cost of performing the function or providing the service; and

      [(b)] 2.  Increase the allowed revenue from taxes ad valorem calculated pursuant to NRS 354.59811 of the local government which assumed the performance of the function or the provision of the service, for the first year the service is provided or the function is performed by an amount equal to the amount by which the reduction was made pursuant to [paragraph (a).

      2.  The changes required by subsection 1 do not apply to the calculations required by NRS 377.057. In addition to the changes required by subsection 1, the executive director of the department of taxation shall make any other adjustments necessary to ensure that there is no fiscal impact upon either local government in the calculations required by NRS 377.057 as a result of the changes required by] subsection 1.

      Sec. 17.  NRS 354.5989 is hereby amended to read as follows:

      354.5989  1.  A local government shall not increase any fee for a business license or adopt a fee for a business license issued for revenue or regulation, or both, except as permitted by this section. This prohibition does not apply to fees:

      (a) Imposed by hospitals, county airports, airport authorities, convention authorities, the Las Vegas Valley Water District or the Clark County Sanitation District;

      (b) Imposed on public utilities for the privilege of doing business pursuant to a franchise; or

      (c) For business licenses which are calculated as a fraction or percentage of the gross revenue of the business.

      2.  The amount of revenue the local government derives or is allowed to derive, whichever is greater, from all fees for business licenses except those excluded by subsection 1, for the fiscal year ended on June 30, [1989,] 1991, is the base from which the maximum allowable revenue from such fees must be calculated for the next subsequent year. To the base must be added the sum of the amounts respectively equal to the product of the base multiplied by the percentage increase in the [supplemental city-county relief tax distribution factor of the local government for the current year over that factor for the preceding year.] population of the local government added to the percentage increase in the Consumer Price Index for the year ending on December 31 next preceding the year for which the limit is being calculated. The amount so determined becomes the base for computing the allowed increase for each subsequent year.

      3.  A local government may not increase any fee for a business license which is calculated as a fraction or percentage of the gross revenue of the business if its total revenues from such fees have increased during the preceding fiscal year by more than the increase in the Consumer Price Index during that preceding calendar year.

      4.  A local government may submit an application to increase its revenue from fees for business licenses beyond the amount allowable under this section to the Nevada tax commission, which may grant the application only if it finds that:

 


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ê1991 Statutes of Nevada, Page 1440 (Chapter 491, AB 104)ê

 

section to the Nevada tax commission, which may grant the application only if it finds that:

      (a) [Under the circumstances a special distribution could be made from the emergency fund of the supplemental city-county relief tax and only to the extent that these circumstances are not relieved by such a distribution;] Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or

      (b) The rate of a business license of the local government is substantially below that of other local governments in the state.

      5.  The provisions of this section apply to any business license regardless of the fund to which the revenue from it is assigned. An ordinance or resolution enacted by a local government in violation of the provisions of this section is void.

      6.  As used in this section, “fee for a business license” does not include a tax imposed on the revenues from the rental of transient lodging.

      Sec. 18.  NRS 354.59891 is hereby amended to read as follows:

      354.59891  1.  As used in this section:

      (a) “Building permit basis” means the combination of the rate and the valuation method used to calculate the total building permit fee.

      (b) “Building permit” means the official document or certificate issued by the building officer of a local government which authorizes the construction of a structure.

      (c) “Building permit fee” means the total fees that must be paid before the issuance of a building permit, including without limitation, all permit fees and inspection fees. The term does not include, without limitation, fees relating to water, sewer or other utilities, residential construction tax, tax for the improvement of transportation imposed pursuant to section 14 of chapter 19, Statutes of Nevada 1991, any fee imposed pursuant to section 1 of [this act] chapter 152, Statutes of Nevada 1991, or any amount expended to change the zoning of the property.

      2.  Except as otherwise provided in subsections 3 and 4, a local government shall not increase its building permit basis by more than an amount equal to the building permit basis on June 30, 1989, multiplied by a percentage equal to the percentage increase in the consumer price index from January 1, 1988, to the January 1 next preceding the fiscal year for which the calculation is made.

      3.  A local government may submit an application to increase its building permit basis by an amount greater than otherwise allowable pursuant to subsection 2 to the Nevada tax commission. The Nevada tax commission may allow the increase only if it finds that:

      (a) [Under the circumstances a special distribution could be made from the emergency fund of the supplemental city-county relief tax and only to the extent that the circumstances are not relieved by such a distribution;] Emergency conditions exist which impair the ability of the local government to perform the basic functions for which it was created; or

      (b) The building permit basis of the local government is substantially below that of other local governments in the state and the cost of providing the services associated with the issuance of building permits in the previous fiscal year exceeded the total revenue received from building permit fees, excluding any amount of residential construction tax collected, for that fiscal year.


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

ê1991 Statutes of Nevada, Page 1441 (Chapter 491, AB 104)ê

 

excluding any amount of residential construction tax collected, for that fiscal year.

      4.  Upon application by a local government, the Nevada tax commission shall exempt the local government from the limitation on the increase of its building permit basis if:

      (a) The local government creates an enterprise fund exclusively for fees for building permits;

      (b) Any interest or other income earned on the money in the enterprise fund is credited to the fund; and

      (c) The local government does not use any of the money in the enterprise fund for any purpose other than the actual direct and indirect costs of the program for the issuance of building permits, including without limitation, the cost of checking plans, issuing permits, inspecting buildings and administering the program. The executive director of the department of taxation shall adopt regulations governing the permissible expenditures from an enterprise fund pursuant to this paragraph.

      Sec. 19.  Section 25 of chapter 861, Statutes of Nevada 1989, at page 2097, is hereby amended to read as follows:

       Sec. 25.  1.  The redistribution fund for the supplemental city-county relief tax is hereby created. The interest and income earned on the money in the fund after deducting any applicable charges must be distributed to the local governments in the same manner as the distributions made pursuant to subsection 2 of NRS 377.057, as amended by this act.

       2.  The following amounts are hereby allocated for the 1989-1990 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:

 

Clark County .............................................................         $2,669,672

Elko County ..............................................................              359,124

Churchill County ......................................................                84,988

 

On July 1, 1989, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1989-1990 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $1,240,221 to the town of Laughlin and the remainder of the allocation to the remaining local governments.

       3.  For the fiscal year 1990-1991 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:

 

Churchill ....................................................................        1.01735781

Clark ........................................................................... 1.00503190 Douglas                    .99748885

 


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

ê1991 Statutes of Nevada, Page 1442 (Chapter 491, AB 104)ê

 

Douglas .....................................................................          .99748885

Elko .............................................................................        1.03606720

Washoe .....................................................................          .98867616

 

       4.  The following amounts are hereby allocated for the 1990-1991 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:

 

Clark County .............................................................         $1,922,163

Elko County ..............................................................              258,569

Churchill County ......................................................                61,191

 

On July 1, 1990, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1990-1991 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $892,959 to the town of Laughlin and the remainder of the allocation to the remaining local governments.

       5.  [For the fiscal year 1991-1992 the executive director of the department of taxation shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:

 

Churchill ....................................................................        1.01735781

Clark ...........................................................................        1.00503190

Douglas .....................................................................          .99748885

Elko .............................................................................        1.03606720

Washoe .....................................................................          .98867616

 

       6.] The following amounts are hereby allocated for the 1991-1992 fiscal year to the specified counties from the redistribution fund for the supplemental city-county relief tax:

 

Clark County .............................................................         $1,037,968

Elko County ..............................................................              139,627

Churchill County ......................................................                33,043

 

On July 1, 1991, the state controller shall distribute the allocated money to each county and the local governments in each county in the same proportion that the supplemental city-county relief tax will be distributed pursuant to subsection 2 of NRS 377.057, as amended by this act, to those local governments during the 1991-1992 fiscal year, except that, of the amount allocated to Clark County, the state controller shall distribute $482,197 to the town of Laughlin and the remainder of the allocation to the remaining local governments.


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

ê1991 Statutes of Nevada, Page 1443 (Chapter 491, AB 104)ê

 

$482,197 to the town of Laughlin and the remainder of the allocation to the remaining local governments.

       [7.  For the fiscal year 1992-1993 the executive director shall adjust the supplemental city-county relief tax distribution factors of each local government in the following counties, including the county, by multiplying the supplemental city-county relief tax distribution factor calculated pursuant to subsection 6 of NRS 377.057, as amended by this act, by the factor specified for the appropriate county:

 

Churchill ....................................................................        1.01735781

Clark ...........................................................................        1.00503190

Douglas .....................................................................          .99748885

Elko .............................................................................        1.03606720

Washoe .....................................................................          .98867616

 

       8.  Except as otherwise provided in section 26 of this act, in calculating the supplemental city-county relief tax distribution factors of the counties and the local governments within the counties pursuant to subsections 5 and 7, the executive director shall use the distribution factor as calculated pursuant to subsection 6 of NRS 377.057 as adjusted pursuant to subsections 3 and 5, respectively, as the distribution factor for the previous year.]

      Sec. 20.  Section 26 of chapter 861, Statutes of Nevada 1989, at page 2099, is hereby amended to read as follows:

       Sec. 26.  1.  Notwithstanding the provisions of NRS 377.057, as amended by this act, for the town of Laughlin [:

       (a) For] for the fiscal year 1990-1991, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using $3,300,000 as the distribution factor for the previous year and then subtracting $2,033,943.

       [(b) For the fiscal year 1991-1992, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (a) before $2,033,943 was subtracted as the distribution factor for the previous year and then subtracting $1,016,971.

       (c) For the fiscal year 1992-1993, the supplemental city-county relief tax distribution factor must be calculated pursuant to the provisions of subsection 6 of NRS 377.057, as amended by this act, using the amount calculated pursuant to paragraph (b) before $1,016,971 was subtracted as the distribution factor for the previous year.]

       2.  For the purposes of [paragraph (a) of subsection 3 of] NRS 377.057, as amended by this act, the “basic ad valorem revenue” of the town of Laughlin must be calculated using:

       (a) For the 1990-1991 fiscal year, a rate of .4846;

       (b) For the 1991-1992 fiscal year, a rate of .7784; and

       (c) For the 1992-1993 fiscal year, a rate of 1.0723.


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

ê1991 Statutes of Nevada, Page 1444 (Chapter 491, AB 104)ê

 

      Sec. 21.  Section 28 of chapter 861, Statutes of Nevada 1989, at page 2099, is hereby amended to read as follows:

       Sec. 28.  As soon as practicable after July 1, 1989, for the 1989-1990 fiscal year and on or before March 15 immediately preceding the 1990-1991 [, 1991-1992 and 1992-1993 fiscal years,] fiscal year, the executive director of the department of taxation shall:

       1.  Determine the effect of the provisions of this act upon the estimate of the amount of supplemental city-county relief tax to be received by each local government for the fiscal year for which the determination is being made and notify each local government of any revision of that estimate.

       2.  Increase the allowed revenue from taxes ad valorem of each local government whose revenue from the supplemental city-county relief tax he estimates will be reduced as a direct result of the amendatory provisions of this act by the amount he estimates will be lost as a direct result of the amendatory provisions of this act. Any increase made pursuant to this subsection may only be made for the fiscal year for which the calculation was made and must be included in the basis for the calculation of the allowed revenue from taxes ad valorem in all future years.

      Sec. 22.  For the fiscal year 1991-1992, the state controller shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month make the following distributions in lieu of the distributions required by the provisions of paragraph (a) of subsection 1 of NRS 377.057 as amended by this act:

 

Douglas                                  $591,952

Esmeralda                                   54,094

Eureka                                       154,852

Lincoln                                        74,349

Lyon                                          363,589

Mineral                                     120,530

Nye                                            302,204

Pershing                                     98,556

Storey                                         71,233

White Pine                               161,860

 

      Sec. 23.  For the fiscal year 1991-1992, after determining the amount of the distributions required by NRS 377.057, as amended by this act, and section 22 of this act each month, the state controller shall:

      1.  Reduce the distributions by the amounts indicated for each of the following counties:

 

Carson City                              $93,943

Churchill                                     57,881

Clark                                          187,047

Elko                                           257,394

Humboldt                                   97,414

Lander                                           4,134


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

ê1991 Statutes of Nevada, Page 1445 (Chapter 491, AB 104)ê

 

      2.  Increase the distributions by the amounts indicated for each of the following counties:

 

Douglas                                    $16,006

Esmeralda                                     1,561

Eureka                                           4,843

Lincoln                                          2,251

Lyon                                            10,101

Mineral                                         3,431

Nye                                                8,621

Pershing                                       2,783

Storey                                           1,973

Washoe                                    697,813

White Pine                                   3,753

 

      Sec. 24.  For the fiscal year 1992-1993, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

      1.  Reduce the distributions by the amounts indicated for each of the following counties:

 

Carson City                              $57,113

Churchill                                     56,681

Elko                                           133,738

Humboldt                                   84,092

Lander                                           4,134

 

      2.  Increase the distributions by the amounts indicated for each of the following counties:

 

Clark                                        $187,276

Washoe                                    148,482

 

      Sec. 24.1.  For the fiscal year 1993-1994, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

      1.  Reduce the distributions by the amounts indicated for each of the following counties:

 

Carson City                              $42,835

Churchill                                     42,511

Elko                                           100,303

Humboldt                                   63,069

Lander                                           3,100

 

      2.  Increase the distributions by the amounts indicated for each of the following counties:


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

ê1991 Statutes of Nevada, Page 1446 (Chapter 491, AB 104)ê

 

Clark                                        $186,825

Washoe                                      64,993

 

      Sec. 24.2.  For the fiscal year 1994-1995, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

      1.  Reduce the distributions by the amounts indicated for each of the following counties:

 

Carson City                              $28,557

Churchill                                     28,342

Elko                                             66,868

Humboldt                                   42,046

Lander                                           2,066

 

      2.  Increase the distributions by the amounts indicated for each of the following counties:

 

Clark                                               $902

Washoe                                    166,977

 

      Sec. 24.3.  For the fiscal year 1995-1996, after determining the amount of the distributions required by NRS 377.057, as amended by this act, each month, the state controller shall:

      1.  Reduce the distributions by the amounts indicated for each of the following counties:

 

Carson City                              $14,278

Churchill                                     14,170

Elko                                             33,435

Humboldt                                   21,023

Lander                                           1,033

 

      2.  Increase the distributions by the amounts indicated for each of the following counties:

 

Clark                                               $451

Washoe                                      83,488

 

      Sec. 24.5.  The adjustments of the distribution of the proceeds of the supplemental city-county relief tax required by sections 23 to 24.3, inclusive, of this act must be excluded from the amount distributed in the immediately preceding year for the purposes of calculating the amount to be distributed in the following year pursuant to paragraph (a) of subsection 1 of NRS 377.057.

      Sec. 25.  For the fiscal year 1991-1992, the amount by which the total receipts of the supplemental city-county relief tax exceed $266,531,950 must be distributed among Carson City and Churchill, Clark, Elko, Humboldt and Lander Counties in the proportion which the amount of the tax collected since July 1, 1991, in that county bears to the total amount collected since July 1, 1991, in those counties.


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

ê1991 Statutes of Nevada, Page 1447 (Chapter 491, AB 104)ê

 

July 1, 1991, in that county bears to the total amount collected since July 1, 1991, in those counties.

      Sec. 26.  As soon as practicable after the effective date of this act, the state controller shall distribute the remaining balance of the emergency fund of the supplemental city-county relief tax to the local governments in the same proportion as the proceeds of the supplemental city-county relief tax were distributed for the 1990-1991 fiscal year.

      Sec. 27.  Sections 27 to 38, inclusive, of this act constitute the Local Government Tax Act of 1991.

      Sec. 28.  1.  A tax distribution fund must be created in the state treasury for each county that imposes or levies any tax pursuant to the provisions of sections 29 to 33, inclusive, of this act.

      2.  All interest and income earned on the money in the fund must be credited to the fund after deducting any applicable charges.

      3.  The state controller shall distribute the money in the fund monthly among the several local governments in the county that are eligible to receive a distribution of the revenue from the supplemental city-county relief tax, including the county, in the proportion which the basic ad valorem revenue of each local government bears to the total basic ad valorem revenue of all these local governments.

      4.  As used in this section, “basic ad valorem revenue” has the meaning ascribed to it in NRS 377.057.

      Sec. 29.  1.  Except as otherwise provided in section 34 of this act and in addition to all other sales and use taxes, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/4 of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county.

      2.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      3.  The ordinance enacted pursuant to this section must include provisions in substance as follows:

      (a) Provisions substantially identical to those of the local School Support Tax Law, insofar as applicable.

      (b) A provision that all amendments to the provisions of the local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this section, automatically become a part of the ordinance enacted pursuant to subsection 1.

      (c) A provision that the county shall contract before the effective date of the ordinance enacted pursuant to subsection 1 with the department to perform all functions incident to the administration or operation of the tax imposed pursuant to subsection 1.

      4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to the county under this section must be paid to the department of taxation in the form of remittances made payable to the department of taxation.


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

ê1991 Statutes of Nevada, Page 1448 (Chapter 491, AB 104)ê

 

      5.  The department of taxation shall deposit the payments with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 30.  1.  Except as otherwise provided in section 34 of this act and in addition to all other taxes imposed on the valuation of vehicles, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a special privilege tax of 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

      (a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or

      (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

      2.  The department of motor vehicles and public safety shall deposit the proceeds of the tax imposed pursuant to subsection 1 with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      3.  As used in this section “based” has the meaning ascribed to it in NRS 482.011.

      Sec. 31.  1.  Except as otherwise provided in section 34 of this act, notwithstanding the provisions of NRS 463.395 and in addition to all other fees and taxes imposed on gaming, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a license fee for conducting, carrying on or operating any gambling game, slot machine or other game of chance.

      2.  The total amount of revenue estimated to result for any fiscal year from the imposition of a license fee pursuant to the provisions of this section must not exceed the total amount of revenue estimated to result for the same year from the imposition of all taxes imposed in the county pursuant to sections 29 to 33, inclusive, of this act, multiplied by a fraction, the numerator of which is the total gaming license fees collected by all local governments in the county, including the county, for the fiscal year 1990-1991, and the denominator of which is the general fund revenues of the county and any incorporated cities in the county for the fiscal year 1990-1991.

      3.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      4.  The proceeds of the tax imposed pursuant to this section must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 32.  1.  Except as otherwise provided in section 34 of this act and in addition to all other taxes imposed on transfers of real property, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 10 cents for each $500 of value or fraction thereof on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, if the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest of property at the time of sale, exceeds $100.


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

ê1991 Statutes of Nevada, Page 1449 (Chapter 491, AB 104)ê

 

interest or property conveyed, exclusive of the value of any lien or encumbrance remaining on the interest of property at the time of sale, exceeds $100. The amount of tax must be computed on the basis of the value of the transferred real property as declared pursuant to NRS 375.060.

      2.  The ordinance imposing the tax must include:

      (a) Provisions substantially identical to those contained in chapter 375 of NRS, insofar as applicable; and

      (b) A provision that all amendments to chapter 375 of NRS after the date of enactment of the ordinance, not inconsistent with the chapter, automatically become a part of the ordinance imposing the tax.

      3.  The tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      4.  The proceeds of the tax must be deposited with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 33.  1.  Except as otherwise provided in section 34 of this act, the board of county commissioners of Churchill, Elko, Humboldt, Washoe and Lander counties and the board of supervisors of Carson City may levy a tax ad valorem on the assessed valuation of all taxable property in the county.

      2.  Before levying a tax pursuant to the provisions of subsection 1, the governing body shall hold a public hearing to allow members of the public to present their opinions concerning the tax. The governing body shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of a normal newspaper page.

      3.  The provisions of NRS 354.59811 do not apply to a tax levied pursuant to the provisions of this section and the tax must not be considered in determining the allowed revenue from taxes ad valorem for the county or any local government therein.

      4.  Notwithstanding the provisions of NRS 279.676, no portion of the taxes levied pursuant to this section may be distributed to a redevelopment agency.

      5.  The county treasurer shall deposit the proceeds of the tax levied pursuant to the provisions of this section monthly with the state treasurer for credit to the tax distribution fund for the county in which it was collected.

      Sec. 34.  1.  The governing body of any county in which one or more of the taxes authorized by sections 29 to 33, inclusive, of this act have been or will be imposed or levied:

      (a) Shall adopt a plan to replace the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 or 36 of this act on or before September 1, 1991, if the tax is to be imposed or levied for fiscal year 1991-1992 and on or before May 31 of the immediately preceding fiscal year if the tax is to be imposed or levied for fiscal years 1992-1993 through 1995-1996. The plans may include one or more of the taxes authorized by sections 29 to 33, inclusive, of this act, but the total amount of revenue estimated to result from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act must not exceed the estimate of the reduction in the amount of proceeds of the supplemental city-county relief tax estimated for that county pursuant to section 35 or 36 of this act for the fiscal year during which the plan is to be in effect.


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

ê1991 Statutes of Nevada, Page 1450 (Chapter 491, AB 104)ê

 

      (b) May revise the plans adopted pursuant to subsection 1 for the fiscal years 1992-1993 through 1996-1997 on or before the May 31 immediately preceding the fiscal year during which the plan is to be in effect.

      2.  The board of county commissioners of Churchill, Elko, Humboldt and Lander counties and the board of supervisors of Carson City shall not, after June 30, 1996, impose, levy or continue any of the taxes authorized by sections 29 to 33, inclusive, of this act.

      Sec. 35.  1.  The legislature hereby finds and declares that the following amounts specified for each county estimate fairly the amount by which the proceeds of the supplemental city-county relief tax were reduced during the revision of the formula for the distribution of the supplemental city-county relief tax:

      1.  For fiscal year 1991-1992:

 

Carson City                            $342,678

Churchill                                   340,084

Elko                                           802,427

Humboldt                                 504,554

Lander                                         24,803

 

      2.  For fiscal year 1992-1993:

 

Carson City                            $685,356

Churchill                                   680,168

Elko                                        1,604,854

Humboldt                              1,009,107

Lander                                         49,606

 

      3.  For fiscal year 1993-1994:

 

Carson City                            $514,017

Churchill                                   510,126

Elko                                        1,203,641

Humboldt                                 756,830

Lander                                         37,205

 

      4.  For fiscal year 1994-1995:

 

Carson City                            $342,678

Churchill                                   340,084

Elko                                           802,427

Humboldt                                 504,554

Lander                                         24,803


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

ê1991 Statutes of Nevada, Page 1451 (Chapter 491, AB 104)ê

 

      5.  For fiscal year 1995-1996:

 

Carson City                            $171,339

Churchill                                   170,042

Elko                                           401,214

Humboldt                                 252,277

Lander                                         12,402

 

      Sec. 36.  1.  As soon as practicable after the effective date of this act, the executive director of the department of taxation shall make an estimate of the difference between the total amount of revenue from the proceeds of the supplemental city-county relief tax that would be distributed to the local governments in Washoe County, including the county, without the provisions of this act for the fiscal years 1991-1992 through 1996-1997 and the total amount of that revenue that he estimates will be distributed to the county pursuant to the provisions of this act.

      2.  The department of taxation shall provide to the board of county commissioners of Churchill, Elko, Humboldt, Lander and Washoe counties and the board of supervisors of Carson City, any estimate that is requested by the board and necessary to carry out the provisions of this act.

      Sec. 37.  (Deleted by amendment.)

      Sec. 38.  1.  On or before May 31, 1994, the department of taxation shall make an estimate of the total amount of proceeds that will be derived in Washoe County from each of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act for fiscal year 1994-1995.

      2.  On or before June 30, 1994, using the estimate prepared pursuant to subsection 1, the board of county commissioners of Washoe County shall reduce the rate of one or more of the taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act if necessary to maintain the estimated revenue from all taxes imposed or levied pursuant to sections 29 to 33, inclusive, of this act at or below an amount equal to $2,225,664 less than the amount determined for the fiscal year 1994-1995 pursuant to subsection 1 of section 36 of this act.

      3.  The board of county commissioners of Washoe County shall not, after June 30, 1996:

      (a) Except as otherwise provided in subsection 4, decrease any of the taxes imposed pursuant to sections 29 to 33, inclusive, of this act unless all of the local governments that are entitled to receive a monthly distribution from the tax distribution fund for the county agree to the decrease.

      (b) Increase the rate of any tax imposed pursuant to sections 29 to 33, inclusive, of this act.

      4.  If necessary to avoid violating the provisions of subsection 2 of section 31 of this act, the board of county commissioners of Washoe County shall reduce the amount of the license fee imposed pursuant to that section by the minimum amount necessary to comply with the provisions of subsection 2 of section 31 of this act.

      Sec. 39.  1.  The department of taxation shall provide estimates of the amount by which the proceeds from the supplemental city-county relief tax that will be distributed pursuant to the provisions of this act for any local government in any fiscal year will exceed the amount that it would have received without the provisions of this act in the same fiscal year.


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

ê1991 Statutes of Nevada, Page 1452 (Chapter 491, AB 104)ê

 

government in any fiscal year will exceed the amount that it would have received without the provisions of this act in the same fiscal year.

      2.  Using the estimates provided by the department of taxation pursuant to subsection 1, the governing body of each local government that will receive more proceeds from the supplemental city-county relief tax pursuant to the provisions of this act in any fiscal year than it would have received without the provisions of this act in the same fiscal year shall hold a public hearing on the use of the additional proceeds before any portion of the additional proceeds is appropriated.

      3.  The governing body shall publish notice of the hearing not less than 5 nor more than 10 days before the date of the hearing in a newspaper of general circulation in the county. The notice must be at least equal in size to one-quarter of the size of a normal newspaper page and must include:

      (a) The date, time and location of the hearing;

      (b) The amount of additional revenue resulting from the provisions of this act;

      (c) The effect upon property tax rates if the additional revenue stated pursuant to paragraph (b) were used to reduce property taxes; and

      (d) The proposed use of the money.

      Sec. 40.  As soon as practicable after the effective date of this act, the executive director of the department of taxation shall:

      1.  Make an estimate of the receipts from the supplemental city-county relief tax on an accrual basis for the next fiscal year in accordance with generally accepted accounting principles; and

      2.  Provide to each local government an estimate of the tax that local government would receive based upon the estimate made pursuant to subsection 1 and calculated pursuant to the provisions of NRS 377.057.

      Sec. 41.  1.  There is hereby appropriated from the state general fund to the department of taxation the sum of $18,000 for the costs of additional computer programming and for additional printing and postage expenses required by the provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 42.  1.  NRS 354.573, 354.5988, 361.370 and 377.053 are hereby repealed.

      2.  Section 31 of chapter 228, Statutes of Nevada 1991 and section 1 of Assembly Bill No. 337 of this session are hereby repealed.

      Sec. 43.  1.  Section 17 of this act becomes effective on July 1, 1991.

      2.  This section and all remaining sections of this act become effective upon passage and approval.

 

________


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ê1991 Statutes of Nevada, Page 1453ê

 

CHAPTER 492, AB 292

Assembly Bill No. 292–Committee on Ways and Means

CHAPTER 492

AN ACT making an appropriation to the department of education for distribution to public broadcasting stations; and providing other matters properly relating thereto.

 

[Approved June 28, 1991]

 

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 $150,000 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;

      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.


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ê1991 Statutes of Nevada, Page 1454 (Chapter 492, AB 292)ê

 

      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 July 1, 1991.

 

________

 

 

CHAPTER 493, SB 647

Senate Bill No. 647–Committee on Government Affairs

CHAPTER 493

AN ACT relating to the state legislature; redistricting the legislative districts of the Nevada legislature on the basis of population; requiring the director of the legislative counsel bureau to file copies of maps of the legislative districts with the secretary of state; providing that copies of the maps be made available to any interested person; and providing other matters properly relating thereto.

 

[Approved June 29, 1991]

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The director of the legislative counsel bureau shall:

      1.  Retain in an office of the legislative counsel bureau, copies of maps of the legislative districts described in NRS 218.055 to 218.0795, inclusive.

      2.  Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.

      3.  File a copy of the maps with the secretary of state.

      Sec. 3.  The secretary of state shall:

      1.  Provide to the clerk of each county and the clerk of Carson City, copies of the maps filed pursuant to subsection 3 of section 2 of this act.

      2.  Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.

      Sec. 4.  NRS 218.051 is hereby amended to read as follows:

      218.051  As used in NRS 218.051 to 218.084, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Block” means the smallest geographical unit whose [population was ascertained] boundaries were designated by the Bureau of the Census of the United States Department of Commerce in the [taking of the national decennial census and shown on its maps.] precensus version of its topographically integrated geographic encoding and referencing system.

      2.  “Block group” means a combination of blocks in a series, whose numbers begin with the same digit.

      3.  “Census tract’ means a combination of block groups . [or enumeration districts or both.


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ê1991 Statutes of Nevada, Page 1455 (Chapter 493, SB 647)ê

 

      4.  “Enumeration district” means the smallest geographical unit whose population was ascertained in the taking of the census in counties or portions thereof where blocks are not identified, and shown on the maps of the Bureau of the Census.]

      4.  “Census voting district” means the voting district:

      (a) Based on the geographic and population data bases compiled by the Bureau of the Census of the United States Department of Commerce as validated and incorporated into the geographic information system by the legislative counsel bureau for use by the Nevada legislature; and

      (b) Designated in the maps filed with the office of the secretary of state pursuant to section 2 of this act.

      Sec. 5.  NRS 218.055 is hereby amended to read as follows:

      218.055  1.  The assembly districts described in NRS 218.058 to [218.0685,] 218.069, inclusive, 218.071, 218.079 and 218.0795 are hereby created in Clark County.

      2.  The [following] senatorial districts described in subsections 3 to 10, inclusive, are hereby created in Clark County, and the [following] numbers of senators designated therein are apportioned to each respectively . [:

      (a)] 3.  Clark County senatorial district 1 [consisting of assembly districts 21 and 22: One senator.

      (b)] , apportioned one senator, consists of:

      (a) In assembly district 19:

             (1) In census voting district 2855, located in census tract 56.01, blocks 202, 204, 205, 206, 207, 208, 209, 210, 211, 213, 214, 215, 216, 217 and 218.

             (2) In census voting district 2875, located in census tract 56.01, blocks 201, 203 and 212.

      (b) All of assembly district 20 except that portion described in paragraph (f) of subsection 4.

      (c) All of assembly district 22.

      4.  Clark County senatorial district 2 [consisting of 17, 19 and 20: Two senators.

      (c)] , apportioned two senators, consists of:

      (a) In assembly district 28:

             (1) Census voting districts 1140, 1165, 1250 and 1255.

             (2) In census voting district 0520, blocks 104, 105, 106, 107, 108, 109, 110 and 131.

             (3) In census voting district 0610, blocks 101, 110, 114 and 115.

             (4) In census voting district 1130, blocks 110, 114 and 115.

             (5) In census voting district 1170, blocks 213, 214, 216, 217, 218, 219, 220, 221, 222, 223 and 224.

             (6) In census voting district 1190, blocks 211, 212, 213, 214, 215, 216, 219 and 220.

             (7) In census voting district 1225, blocks 115, 116, 117, 118, 201, 202, 203, 217 and 218.

             (8) In census voting district 1265, blocks 108, 109, 117 and 118.

             (9) In census voting district 1300:

             (I) Blocks 110, 111, 112, 113, 114, 210, 211, 216, 219 and 220; and

             (II) Block 221 located in census tract 0043.


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ê1991 Statutes of Nevada, Page 1456 (Chapter 493, SB 647)ê

 

      (b) All of assembly district 11 except that portion described in paragraph (d) of subsection 5.

      (c) All of assembly district 14 except that portion described in paragraph (e) of subsection 5.

      (d) All of assembly district 17.

      (e) All of assembly district 19 except that portion described in paragraph (a) of subsection 3.

      (f) In assembly district 20:

             (1) In census voting district 2750, located in census tract 56.01, blocks 109, 110, 111, 112, 113 and 114.

             (2) In census voting district 2780, located in census tract 56.01, blocks 115 to 140, inclusive.

             (3) In census voting district 2825, located in census tract 56.01, blocks 142, 143, 144 and 145.

             (4) In census voting district 2875, located in census tract 56.01, blocks 104, 105, 106, 107 and 108.

             (5) In census voting district 2750, located in census tract 49.01, blocks 521 and 525.

      5.  Clark County senatorial district 3 [consisting of assembly districts 9, 10, 12 and 14: Two senators.

      (d)] , apportioned two senators, consists of:

      (a) All of assembly district 28 except that portion described in paragraph (a) of subsection 4.

      (b) All of assembly district 9.

      (c) All of assembly district 10 except that portion described in paragraph (a) of subsection 9.

      (d) In assembly district 11:

             (1) Census voting districts 0070, 0085, 0095, 0425 and 0525.

             (2) In census voting district 0255, blocks 102, 103, 104, 112, 113, 114, 115, 116, 117 and 147.

             (3) In census voting district 0450, blocks 101, 102, 110 and 111.

             (4) In census voting district 0510:

             (I) Blocks 105, 106, 107, 108, 109, 112, 120, 128, 131 and 140; and

             (II) Block 121 located in census tract 000509.

             (5) In census voting district 0590, blocks 129, 130, 219 and 220.

             (6) In census voting district 0695, blocks 223, 325, 326, 328, 329, 330, 331 and 332.

      (e) In assembly district 14, census voting district 0250.

      (f) In assembly district 15:

             (1) Census voting district 1775.

             (2) In census voting district 1820, blocks 208, 209, 210, 231, 232, 233, 234, 236 and 237.

             (3) In census voting district 1935, blocks 405, 406, 408, 410, 418 and 419.

             (4) In census voting district 2705, blocks 415 and 416.

             (5) In census voting district 2915, blocks 218 and 219.

      (g) All of assembly district 41 except that portion described in paragraph (e) of subsection 9.


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ê1991 Statutes of Nevada, Page 1457 (Chapter 493, SB 647)ê

 

      6.  Clark County senatorial district 4 [consisting of] , apportioned one senator, consists of assembly districts 6 and 7 . [: One senator.

      (e) ] 7.  Clark County senatorial district 5 [consisting of assembly districts 5, 13 and 16, and assembly district 8, excluding that part of block 123 of Clark County census tract 10.01 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard: Two senators.

      (f)] , apportioned two senators, consists of:

      (a) All of assembly districts 5, 13 and 21.

      (b) In assembly district 15:

             (1) Census voting district 2665.

             (2) In census voting district 1865, blocks 702 and 703.

             (3) In census voting district 1875, blocks 701, 704, 705, 706, 707, 708, 709 and 710.

             (4) In census voting district 2910, blocks 501, 502, 503, 504, 508 and 509.

      (c) All of assembly district 16 except that portion described in paragraph (d) of subsection 9.

      8.  Clark County senatorial district 6 [consisting of] , apportioned one senator, consists of assembly districts [1 to 4, inclusive, and that part of block 123 of Clark County census tract 10.01 which is in assembly district 8: Two senators.

      (g)] 2 and 4.

      9.  Clark County senatorial district 7 [consisting of assembly districts 15, 18, 41 and 42: Two senators.

      3.] , apportioned two senators, consists of:

      (a) In assembly district 10:

             (1) Census voting district 3070.

             (2) In census voting district 3030, block 204.

      (b) All of assembly districts 12, 18 and 23.

      (c) All of assembly district 15 except those portions described in paragraph (f) of subsection 5 and paragraph (b) of subsection 7.

      (d) In assembly district 16:

             (1) Census voting district 2055.

             (2) In census voting district 2115, blocks 811 and 812.

      (e) In assembly district 41, in census voting district 2885, blocks 229, 230, 231, 232 and 234.

      10.  Clark County senatorial district 8, apportioned two senators, consists of assembly districts 1, 3, 8 and 42.

      11.  Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.

      Sec. 6.  NRS 218.056 is hereby amended to read as follows:

      218.056  1.  The assembly districts described in NRS 218.0745 to 218.0785, inclusive, are hereby created.

      2.  The [following] senatorial districts described in subsections 3 to 6, inclusive, are hereby created and the [following] numbers of senators designated therein are apportioned to each respectively . [:


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ê1991 Statutes of Nevada, Page 1458 (Chapter 493, SB 647)ê

 

      (a)] 3.  The Northern Nevada senatorial district [consisting of] , apportioned one senator, consists of assembly districts 33 and 34 . [: One senator.

      (b)] 4.  The Central Nevada senatorial district [consisting of] , apportioned one senator, consists of assembly districts 35 and 36 . [: One senator.

      (c)] 5.  The Western Nevada senatorial district [consisting of assembly districts 38 and 39: One senator.

      (d)] , apportioned one senator, consists of:

      (a) In assembly district 25:

             (1) Census voting district 0306.

             (2) In census voting district 0710, block 304B.

      (b) In assembly district 26:

             (1) Census voting district 0731.

             (2) In census voting district 0769, blocks 101, 102, 103, 104, 105, 106, 107B, 110B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135B, 136, 138, 139, 140 and 202.

             (3) In census voting district 0930, blocks 201, 202, 301, 302, 305, 306, 307, 308, 502, 503, 504, 505, 508, 509, 510 and 511.

             (4) In census voting district 0945, blocks 108, 109, 204, 205, 206, 207, 208, 303, 304, 309, 310, 311, 312, 506, 507, 512 and 513.

      (c) All of assembly district 37 except:

             (1) In Washoe County, census voting districts 0771 and 0232.

             (2) In Washoe County, in census voting district 0118, blocks 128A, 412A and 413.

             (3) In Washoe County, in census voting district 0124, blocks 414, 701, 702, 703, 704, 705, 706 and 801A.

             (4) In Washoe County, in census voting district 0131:

             (I) Blocks 312A, 313, 314, 315, 316, 431A and 602A.

             (II) Block 399 located in census tract 001003.

             (5) In Washoe County, in census voting district 0231, blocks 601, 701, 702, 703, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.

             (6) In Washoe County, in census voting district 0252, blocks 602B, 603, 604, 605, 609, 610, 611, 612, 613 and 615.

             (7) In Washoe County, in census voting district 0702, blocks 410, 411, 412B, 421, 422 and 423.

             (8) In Washoe County, in census voting district 0849, blocks 133B and 134.

             (9) In Washoe County, in census voting district 0901, blocks 211A, 220, 312B, 431B, 432, 433 and 602D.

      (d) In assembly district 38, in Lyon County, census voting district 0035.

      (e) All of assembly district 39.

      6.  The Capital senatorial district [consisting of assembly districts 37 and 40: One senator.

      3.] , apportioned one senator, consists of:

      (a) All of assembly district 38 except that portion described in paragraph (d) of subsection 5.

      (b) All of assembly district 40.

      7.  Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.


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ê1991 Statutes of Nevada, Page 1459 (Chapter 493, SB 647)ê

 

      Sec. 7.  NRS 218.057 is hereby amended to read as follows:

      218.057  1.  The assembly districts described in NRS [218.069] 218.0695, 218.0705, and 218.0715 to 218.074, inclusive, are hereby created in Washoe County.

      2.  The [following] senatorial districts described in subsections 3 to 6, inclusive, are hereby created in Washoe County, and the [following] numbers of senators designated therein are apportioned to each respectively . [:

      (a)] 3.  Washoe County senatorial district 1 [consisting of assembly districts 24, 25, 28 and 29: Two senators.

      (b)] , apportioned one senator, consists of:

      (a) In Washoe County, census voting districts 0401, 0402, 0403, 0404, 0412, 0420, 0425, 0430, 0441, 0442, 0443, 0444, 0456, 0501, 0505, 0507, 0516, 0517, 0521, 0522, 0524, 0533, 0536, 0700, 0708, 0714, 0719, 0725, 0726, 0734, 0735, 0749, 0752, 0760, 0764, 0803, 0805, 0808, 0815, 0850, 0851, 0852 and 0910.

      (b) In Washoe County, in census voting district 0240, blocks 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 122 and 127.

      (c) In Washoe County, in census voting district 0245, blocks 102, 103, 104, 105, 106, 107, 108, 109B and 112.

      (d) In Washoe County, in census voting district 0305, block 109A.

      (e) In Washoe County, in census voting district 0410, blocks 101, 102, 103, 110, 111, 115, 116, 124, 125, 129, 130, 305, 307, 321, 322, 401, 402, 403, 405, 415, 417, 418, 419, 420 and 421.

      (f) In Washoe County, in census voting district 0419, blocks 101A, 102, 103, 104, 105A, 106, 201B and 607.

      (g) In Washoe County, in census voting district 0421:

             (1) Blocks 605B, 607, 609B, 609C, 611A, 611B, 613A, 615A and 616.

             (2) Block 612 located in census tract 002604.

      (h) In Washoe County, in census voting district 0457:

             (1) Located in census tract 0014, blocks 124, 125 and 126.

             (2) Blocks 127, 128, 129, 132, 133, 202, 206, 207, 223, 224, 229 and 230.

      (i) In Washoe County, in census voting district 0508, blocks 130, 201, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226 and 227.

      (j) In Washoe County, in census voting district 0532, blocks 108A, 109, 110 and 111.

      (k) In Washoe County, in census voting district 0625, blocks 504, 505B, 505C, 509 and 510.

      (l) In Washoe County, in census voting district 0640, blocks 101A, 102, 446A, 446B, 462A, 463A, 463C, 465A and 465B.

      (m) In Washoe County, in census voting district 0648, block 102A.

      (n) In Washoe County, in census voting district 0709, block 201A.

      (o) In Washoe County, in census voting district 0728:

             (1) Block 101C, located in census tract 003103.

             (2) Blocks 101D, 102C, 104, 105B, 106, 107C, 129B, 130, 201, 205, 206, 207, 208, 216, 217, 220, 302, 418, 444, 445, 446G, 447, 448, 449, 450, 451, 457, 459, 460, 461, 462B, 463B, 463D, 464, 465C, 465D, 465E, 466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.


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ê1991 Statutes of Nevada, Page 1460 (Chapter 493, SB 647)ê

 

466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.

      (p) In Washoe County, in census voting district 0812, blocks 401, 402, 403, 404, 405, 413, 414, 415, 416 and 483A.

      (q) In Washoe County, in census voting district 0856, blocks 516, 542 and 545.

      4.  Washoe County senatorial district 2 [consisting] , apportioned one senator, consists of assembly districts 30 and 31 . [: One senator.

      (c)] 5.  Washoe County senatorial district 3 [consisting of assembly districts 23, 26, 27 and 32: Two senators.

      3.] , apportioned one senator, consists of:

      (a) In Washoe County, census voting districts 0103, 0109, 0111, 0112, 0116, 0118, 0121, 0122, 0123, 0124, 0125, 0127, 0133, 0136, 0428, 0429, 0445, 0453, 0455, 0458, 0500, 0534, 0535, 0701, 0702, 0741, 0747, 0748, 0750, 0768, 0782, 0795, 0796, 0801, 0802, 0807, 0809, 0810, 0811, 0813, 0821, 0848, 0849, 0853, 0854, 0855, 0904, 0905 and 0907.

      (b) In Washoe County, in census voting district 0131, blocks 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312A, 313, 314, 315, 316, 399, 402B, 402C, 431A, 503, 505A, 601, 602 and 602A.

      (c) In Washoe County, in census voting district 0206:

             (1) Block 103 located in census tract 001003.

             (2) Blocks 104, 105 and 106.

      (d) In Washoe County, in census voting district 0212, blocks 205, 206, 207, 208, 209, 210, 211, 220, 221, 222, 223, 224, 225, 226, 227, 306, 307, 308, 309 and 311.

      (e) In Washoe County, in census voting district 0231, blocks 601 and 703.

      (f) In Washoe County, in census voting district 0232:

             (1) Blocks 603, 604, 605, 606, 607, 608, 609, 610 and 613.

             (2) Block 699 located in census tract 001003.

      (g) In Washoe County, in census voting district 0252, blocks 602B, 615A and 615B.

      (h) In Washoe County, in census voting district 0419, block 604B.

      (i) In Washoe County, in census voting district 0421:

             (1) Blocks 520A, 521A, 522A, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532A, 533A, 534A, 535A, 538A, 604A, 605, 613, 614, 615, 701, 702, 703, 704A, 704C, 705A, 705C, 706, 707, 708, 709 and 710.

             (2) Block 612 located in census tract 002603.

      (j) In Washoe County, in census voting district 0532, blocks 101A, 101B, 102, 103, 104, 105, 106, 107 and 604C.

      (k) In Washoe County, in census voting district 0640, block 129A.

      (l) In Washoe County, in census voting district 0709, blocks 101A, 101B, 102B, 104B, 106B, 201C, 201D, 201E, 201F, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 206A, 206B and 207.

      (m) In Washoe County, in census voting district 0710, block 219.

      (n) In Washoe County, in census voting district 0728, blocks 101E, 103D, 105A, 421, 422, 423, 424 and 443.

      (o) In Washoe County, in census voting district 0761, blocks 201, 202B, 205A and 205B.


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ê1991 Statutes of Nevada, Page 1461 (Chapter 493, SB 647)ê

 

      (p) In Washoe County, in census voting district 0771, blocks 414A, 414B, 415, 416, 417, 418, 419, 420, 424, 436, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 456 and 499.

      (q) In Washoe County, in census voting district 0812, blocks 406, 407, 408, 409, 410, 411, 412, 417, 419, 420, 425, 426, 427, 428, 429, 430, 645, 646, 647, 648, 649, 650 and 651.

      (r) In Washoe County, in census voting district 0856, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 340, 341, 342, 343, 344, 345, 346, 347, 348, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 517, 518, 519, 520, 521, 543 and 544.

      (s) In Washoe County, in census voting district 0901, blocks 312B, 431B, 432, 433 and 602D.

      6.  Washoe County senatorial district 4, apportioned one senator, consists of:

      (a) In Washoe County, census voting districts, 0105, 0106, 0132, 0135, 0200, 0203, 0208, 0215, 0223, 0235, 0242, 0243, 0244, 0251, 0253, 0312, 0317, 0323, 0326, 0334, 0335, 0336, 0337, 0338, 0339, 0341, 0344, 0347, 0348, 0349, 0350, 0351, 0704, 0707, 0733, 0736, 0742, 0744, 0746, 0780, 0781, 0832, 0833 and 0834.

      (b) In Washoe County, in census voting district 0131, blocks 402A, 402D and 505B.

      (c) In Washoe County, in census voting district 0206:

             (1) Blocks 101, 102, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 199, 301, 326 and 327.

             (2) Block 103 located in census tract 001004.

      (d) In Washoe County, in census voting district 0212, blocks 124, 125 and 126.

      (e) In Washoe County, in census voting district 0231, blocks 102A, 102B, 102C, 701, 702, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.

      (f) In Washoe County, in census voting district 0232:

             (1) Blocks 611 and 612.

             (2) Block 699 located in census tract 001003.

      (g) In Washoe County, in census voting district 0240, blocks 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, 201, 202, 203, 206, 601, 602, 603, 604, 605, 606 and 610.

      (h) In Washoe County, in census voting district 0245, blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 227.

      (i) In Washoe County, in census voting district 0252, blocks 614 and 814.

      (j) In Washoe County, in census voting district 0310, blocks 212, 213, 214, 215, 216 and 222.

      (k) In Washoe County, in census voting district 0346, block 505.

      (l) In Washoe County, in census voting district 0410, blocks 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 619, 620, 626, 627, 628, 629, 630, 631 and 632.

      (m) In Washoe County, in census voting district 0457:


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             (1) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 701, 702, 703, 704, 705, 712, 713, 714, 715, 716, 801 and 802.

             (2) Located in census tract 0001, blocks 124, 125 and 126.

      (n) In Washoe County, in census voting district 0508, blocks 706, 707, 708, 709, 710, 711, 717, 718, 719, 803, 804, 805 and 806.

      (o) In Washoe County, in census voting district 0710, blocks 101B, 106B, 107B, 108A, 108D, 108E, 108F, 109B, 109C, 110, 111, 112, 113, 114, 115, 203A, 203B, 205, 206A, 206B, 207, 208, 214, 215 and 216.

      (p) In Washoe County, in census voting district 0716:

             (1) Blocks 201B, 302B, 303, 304B, 305, 306B, 308B, 310 and 409B.

             (2) Block 307B located in census tract 002204.

      (q) In Washoe County, in census voting district 0761, blocks 206A, 206B and 207.

      (r) In Washoe County, in census voting district 0769, blocks 101B, 101C, 110B, 111, 199, 201D and 601B.

      (s) In Washoe County, in census voting district 0901, blocks 213, 218.

      7.  Each senator and assemblyman must be elected from within the district wherein he resides by the registered voters residing in that district.

      Sec. 8.  NRS 218.058 is hereby amended to read as follows:

      218.058  Assembly district 1 consists of:

      1.  In Clark County, [Moapa Township.] census voting districts 0115, 0170, 0195, 0445, 0595, 0640, 0670, 1020, 2435, 2450, 2455, 2460, 2465 and 2470.

      2.  In Clark County , in census [tract 33.] voting district 0005, blocks 309A, 311A, 601 and 602A.

      3.  In Clark County , in census [tract 30.02:

      (a) Block group 2.

      (b) Blocks 601 to 610, inclusive.] voting district 0045, blocks 101, 102, 109, 110, 111, 112, 113, 114, 115, 130, 131, 140, 201, 202, 203, 204, 226, 227, 230, 231, 301, 302 and 303.

      4.  In Clark County , in census [tract 31, blocks 111, 112, 123, 124, 129, 132, 134, 135 and 137.] voting district 0125, block 605.

      5.  In Clark County , in census [tract 32:

      (a) Block groups 1 to 3, inclusive.

      (b) Blocks 903, 905, 906 and 916.] voting district 0410, blocks 205, 206, 207A and 208.

      6.  In Clark County , in census [tract 34.02:

      (a) Block groups 6 and 9.

      (b) Blocks 103 to 111, inclusive, 150 to 152, inclusive, 215, 223 to 250, inclusive, 307 to 309, inclusive, 312 to 314, inclusive, 316 to 319, inclusive, 326, 331 to 337, inclusive, 341 to 350, inclusive, 502 to 513, inclusive, 803 to 809, inclusive, 812 to 816, inclusive, 822, 825 to 837, inclusive, 840 and 851.] voting district 0435, block 316.

      7.  In Clark County , in census [tract 58:

      (a) Enumeration districts 13 and 14.

      (b) Block group 1.] voting district 0635, blocks 403A, 405, 406, 407, 408, 409 and 410A.

      8.  In Clark County , in census [tract 59:


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      (a) Enumeration districts 10 to 12, inclusive,

      (b) Block group 1.] voting district 0655, blocks 102, 103, 104, 104A, 105, 108, 111, 113, 114 and 115.

      9.  In Clark County, in census voting district 0715, blocks 801, 802, 803, 804, 805, 806, 807, 808 and 809.

      10.  In Clark County, in census voting district 0755, blocks 415A, 416A, 419, 420, 421, 422, 423 and 424.

      11.  In Clark County, in census voting district 0875, block 104B.

      12.  In Clark County, in census voting district 0880, block 819A.

      13.  In Clark County, in census voting district 0910, block 817A.

      14.  In Clark County, in census voting district 1185, blocks 103, 104, 105, 106, 107, 108, 109 and 110.

      15.  In Clark County, in census voting district 1195, blocks 923, 924 and 925.

      16.  In Clark County, in census voting district 2335, blocks 207B, 221, 222, 304, 305, 306, 307, 308, 309B, 310, 311B and 312.

      17.  In Clark County, in census voting district 2355, blocks 410B, 411, 412, 413, 414, 415B and 416B.

      18.  In Clark County, in census voting district 2415, blocks 817B, 818 and 819B.

      Sec. 9.  NRS 218.0585 is hereby amended to read as follows:

      218.0585  Assembly district [2] 4 consists of:

      1.  In Clark County , census [tracts 1.03 and 30.01.] voting districts 0285, 0395, 0615, 0620, 0625, 0705, 0725, 0735, 0930, 1050, 1055, 1060, 1065, 2330 and 2485.

      2.  In Clark County , in census [tract 1.04, blocks 117 to 121, inclusive, 202 to 207, inclusive, 215, 216 and 230 to 234, inclusive.] voting district 0005, block 320A.

      3.  In Clark County , in census [tract 10.02, blocks 313, 315, 316, 319 to 321, inclusive, 325, 326, and 329 to 360, inclusive.] voting district 0090, blocks 504, 505, 506, 507 and 508.

      4.  In Clark County , in census [tract 29.01, blocks 401 to 410, inclusive, and 439 to 446, inclusive.] voting district 0125, blocks 315A, 322A, 606, 606A, 606B, 606C, 607, 901 and 902.

      5.  In Clark County , in census [tract 30.02:

      (a) Block groups 3 to 5, inclusive.

      (b) Blocks 611 to 618, inclusive.] voting district 0140, block 207.

      6.  In Clark County , in census [tract 31, blocks 125 to 128, inclusive, 133, 136 and 138 to 141, inclusive.] voting district 0580, blocks 101, 106, 107 and 108.

      7.  In Clark County, in census voting district 0910, blocks 820, 821, 840, 843 and 844.

      8.  In Clark County, in census voting district 2335, blocks 315B, 316, 317, 318, 319, 320B, 321 and 322B.

      9.  In Clark County, in census voting district 2415, block 841.

      Sec. 10.  NRS 218.059 is hereby amended to read as follows:

      218.059  Assembly district 3 consists of:


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ê1991 Statutes of Nevada, Page 1464 (Chapter 493, SB 647)ê

 

      1.  In Clark County , census [tracts 1.02 and 1.05.] voting districts 0175, 0260, 0270, 0280, 0315, 0360, 0370, 0375, 0390, 0405, 0480, 0530, 0550, 0600, 0700, 0760, 0795, 0805, 0840, 0940, 2340, 2420 and 2425.

      2.  In Clark County , in census [tract 1.01, blocks 204 to 212, inclusive.] voting district 0240, block 114.

      3.  In Clark County , in census [tract 1.04, blocks 102 to 116, inclusive, 122 to 124, inclusive, 208 to 214, inclusive, and 235 to 238, inclusive.] voting district 0490, blocks 103 and 107.

      4.  In Clark County , in census [tract 10.02:

      (a) Block group 2.

      (b) Blocks 118 to 127, inclusive, 314, 317, 318, 322 to 324, inclusive, 327 and 328.] voting district 0555:

      (a) Blocks 101, 104, 105, 106, 115 and 116.

      (b) Block 117 located in census tract 001002.

      5.  In Clark County , in census [tract 31, blocks 102 to 108, inclusive, 110, 130 and 131.] voting district 0580, blocks 109 and 110.

      6.  In Clark County, in census voting district 0715, block 502A.

      7.  In Clark County, in census voting district 0770, blocks 102, 103, 106, 107, 120, 121 and 122.

      8.  In Clark County, in census voting district 0800, blocks 701, 702, 711, 712, 713A, 720, 722 and 723A.

      9.  In Clark County, in census voting district 0835, block 341A.

      10.  In Clark County, in census voting district 0880, blocks 514, 515, 517A, 521A, 522 and 523.

      11.  In Clark County, in census voting district 0895, block 332A.

      12.  In Clark County, in census voting district 1080, blocks 504A, 505A and 512A.

      13.  In Clark County, in census voting district 3140, blocks 310, 311, 329, 330, 331, 332B, 333B, 337B, 337C, 338B, 340B, 341B, 348, 349, 351, 352, 353, 355, 356B and 357B.

      Sec. 11.  NRS 218.0595 is hereby amended to read as follows:

      218.0595  Assembly district [4] 28 consists of:

      1.  In Clark County , census [tract 1.01, blocks 106 to 113, inclusive, 119 to 129, inclusive, 201, 202, 213 to 219, inclusive, 221 to 230, inclusive, 240, 241 and 243.] voting districts 0225, 0300, 0610, 0965, 1140, 1165, 1250, 1255 and 2830.

      2.  In Clark County , in census [tract 2.01, blocks 114 to 116, inclusive, 201 and 202.] voting district 0065, blocks 109, 118, 201, 202, 203, 204, 410, 501, 502, 504, 505, 506, 507, 512 and 513.

      3.  In Clark County , in census [tract 2.02:

      (a) Block groups 1 and 2.

      (b) Blocks 301 to 318, inclusive, 326 and 327.] voting district 0450, blocks 103, 104, 105, 106, 107, 108, 109, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 203, 204, 205 and 228.

      4.  In Clark County , in census [tract 10.01:

      (a) Blocks 102 to 107, inclusive, 120 to 122, inclusive, 125, 126 and 201.

      (b) Block 123, excluding that part which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.]


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ê1991 Statutes of Nevada, Page 1465 (Chapter 493, SB 647)ê

 

north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.] voting district 0510:

      (a) Blocks 113, 114, 116, 118, 122, 137, 138, 214, 215, 216, 217 and 218.

      (b) Block 121 located in census tract 000504.

      5.  In Clark County , in census [tract 34.01:

      (a) Block groups 5 and 7.

      (b) Block 619.] voting district 0520, blocks 104, 105, 106, 107, 108, 109, 110 and 134.

      6.  In Clark County , in census [tract 34.02:

      (a) Block groups 4 and 5.

      (b) Blocks 101, 116 to 118, inclusive, 120 to 128, inclusive, 130 to 136, inclusive, 202 to 214, inclusive, 221, 222, 320 to 324, inclusive, 327 to 330, inclusive, 525 to 531, inclusive, 810, 818, 819, 838, 839, 841 to 846, inclusive, and 848 to 850, inclusive.] voting district 0590, blocks 101, 102, 103, 107, 108, 109, 110, 111 and 132.

      7.  In Clark County, in census voting district 1130, blocks 110, 114 and 115.

      8.  In Clark County, in census voting district 1160, block 117.

      9.  In Clark County, in census voting district 1170, blocks 213, 214, 216, 217, 218, 219, 220, 221, 222, 223 and 224.

      10.  In Clark County, in census voting district 1190, blocks 211, 212, 213, 214, 215, 216, 219 and 220.

      11.  In Clark County, in census voting district 1225, blocks 115, 116, 117, 118, 201, 202, 203, 217 and 218.

      12.  In Clark County, in census voting district 1265, blocks 108, 109, 117 and 118.

      13.  In Clark County, in census voting district 1300:

      (a) Blocks 110, 111, 112, 113, 114, 210, 211, 216, 219 and 220.

      (b) Block 221 located in census tract 0043.

      Sec. 12.  NRS 218.060 is hereby amended to read as follows:

      218.060  Assembly district [5] 42 consists of:

      1.  In Clark County , census [tract 22.02, blocks 304 to 307, inclusive, 309, 310, 313 to 323, inclusive, and 325 to 330, inclusive.] voting districts 0680, 0685, 0890, 1075, 1855, 1900, 1910, 1920, 1930, 1945, 1950, 2040, 2065, 2070, 3020, 3055, 3110 and 3125.

      2.  In Clark County , in census [tract 29.01:

      (a) Block groups 1 and 6.

      (b) Blocks 411 to 438, inclusive.] voting district 3105, blocks 111, 112, 115, 116, 122, 123, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 and 149.

      3.  In Clark County , in census [tract 29.02:

      (a) Block groups 4 and 5.

      (b) Blocks 601 to 606, inclusive, 608, 609, 614, 615, 704 to 722, inclusive, and 735.

      4.  In Clark County census tract 29.04:

      (a) Block group 8.

      (b) Blocks 401 to 403, inclusive, 407 to 419, inclusive, 421 to 424, inclusive, 525 to 545, inclusive, 549 to 557, inclusive, 559, 601 and 603.]


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ê1991 Statutes of Nevada, Page 1466 (Chapter 493, SB 647)ê

 

voting district 3150, blocks 117, 118, 119, 120, 121, 124, 128, 129 and 325B.

      Sec. 13.  NRS 218.0605 is hereby amended to read as follows:

      218.0605  Assembly district 6 consists of:

      1.  In Clark County , census [tract 1.01, blocks 102 to 105, inclusive, 114 to 118, inclusive, and 131.] voting districts 0035, 0100, 0130, 0145, 0185, 0310, 0365, 0400, 0440, 0470, 0515, 0535, 0605, 0710, 0785, 0790, 0935, 0955, 1105, 2325, 2395, 2400 2405 and 2410.

      2.  In Clark County , in census [tract 2.01, blocks 102 to 113, inclusive, 117, 203 to 211, inclusive, 213, 216 and 217.] voting district 0030:

      (a) Located in census track 0004, blocks 102, 103, 104 and 105.

      (b) Blocks 107, 108, 230, 231, 232, 233, 234, 235, 236, 237, 240, 242, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615 and 616.

      3.  In Clark County , in census [tract 3.01, block groups 2 to 7, inclusive.] voting district 0065, blocks 514, 515, 516, 517, 601, 602, 603 and 604.

      4.  In Clark County , in census [tract 3.02:

      (a) Block groups 2 and 3.

      (b) Blocks 102 to 110, inclusive, 115 to 117, inclusive, and 119.] voting district 0160:

      (a) Block 102 located in census tract 000302.

      (b) Blocks 103, 104, 105, 106, 107, 108, 109 and 110.

      5.  In Clark County , in census [tract 4:

      (a) Block groups 2 and 4 to 6, inclusive.

      (b) Blocks 102 to 108, inclusive, 118, 121, 301 to 307, inclusive, 310, 312 and 313.] voting district 0190, blocks 201, 202 and 214.

      6.  In Clark County , in census [tract 6, blocks 104 and 105.] voting district 0235, blocks 121, 122, 123, 124, 203, 204, 205, 206, 207, 208, 210, 212, 224 and 225.

      7.  In Clark County , in census [tract 7, blocks 101 to 114, inclusive, 117, 118, 121, 122, 125 to 127, inclusive, 220 to 229, inclusive, and 236 to 242, inclusive.] voting district 0385, block 101.

      8.  In Clark County , in census [tract 34.01, blocks 603 to 606, inclusive, 608, 610, 611, 613, 614, 617, 618 and 628 to 632, inclusive.] voting district 0540, blocks 104, 105, 111, 112, 113, 203, 205, 206, 207, 208, 209, 210, 211, 212 and 213.

      9.  In Clark County, in census voting district 0555:

      (a) Blocks 108, 109, 110, 111, 112, 113, 114, 124, 135 and 136.

      (b) Block 117 located in census tract 001001.

      10.  In Clark County, in census voting district 0770, block 126.

      11.  In Clark County, in census voting district 1110, blocks 412 and 413B.

      12.  In Clark County, in census voting district 1130, blocks 104 and 111.

      13.  In Clark County, in census voting district 1240, blocks 203, 204, 212, 213, 214, 219, 220, 221, 225, 302, 303, 304, 305, 306, 307, 308, 310, 319, 320 and 322.

      Sec. 14.  NRS 218.061 is hereby amended to read as follows:

      218.061  Assembly district 7 consists of:

      1.  In Clark County , census [tracts 35 and 37.] voting districts 0430, 0845, 0860, 1120, 1125, 1135, 1145, 1175, 1180, 1205, 1220, 1235, 1245, 1260 and 1340.


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ê1991 Statutes of Nevada, Page 1467 (Chapter 493, SB 647)ê

 

      2.  In Clark County , in census [tract 3.01, block group 1.] voting district 0160, block 102 located in census tract 000201.

      3.  In Clark County , in census [tract 3.02, blocks 101 and 111 to 114, inclusive.] voting district 0385, blocks 103, 104, 106, 107, 108, 112, 113, 115, 121 and 122.

      4.  In Clark County , in census [tract 36:

      (a) Block groups 3 and 4.

      (b) Block 901.] voting district 0435, blocks 317, 318 and 319.

      5.  In Clark County , in census [tract 38, blocks 109, 110, 115 to 120, inclusive, 122, 123, 201, 202, 205 to 211, inclusive, 219 to 223, inclusive, 225 to 228, inclusive, 302 to 306, inclusive, 318 to 322, inclusive, and 324.] voting district 0540, blocks 103, 106, 107, 108, 109 and 110.

      6.  In Clark County , in census [tract 44, blocks 201 to 209, inclusive, 211, 220, 221, 223, 230 and 233 to 240, inclusive.] voting district 0635, blocks 401A, 402 and 417D.

      7.  In Clark County, in census voting district 0755, block 417A.

      8.  In Clark County, in census voting district 0800, blocks 502, 520, 521, 522, 523 and 524.

      9.  In Clark County, in census voting district 1080, blocks 501, 514, 515, 516, 517, 518 and 525.

      10.  In Clark County, in census voting district 1110, blocks 401, 407, 409, 410, 411 and 414.

      11.  In Clark County, in census voting district 1150, blocks 117, 118, 201, 202, 203, 204, 215, 217, 219 and 220.

      12.  In Clark County, in census voting district 1185, blocks 111, 112, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 and 230.

      13.  In Clark County, in census voting district 1200, blocks 101, 102, 103, 105, 107, 111, 112, 203, 207, 208 and 209.

      14.  In Clark County, in census voting district 1240, blocks 105, 106, 107, 108, 109, 110, 111, 115, 116, 117, 118, 119, 120, 201, 202, 205, 206, 207, 208, 209, 210, 211 and 223.

      15.  In Clark County, in census voting district 1265, blocks 102 and 103.

      16.  In Clark County, in census voting district 2355, blocks 401B, 417E and 418B.

      17.  In Clark County, in census voting district 2955, blocks 536, 537, 538, 539, 540, 541, 542 and 543.

      Sec. 15.  NRS 218.0615 is hereby amended to read as follows:

      218.0615  Assembly district 8 consists of:

      1.  In Clark County , census [tract 10.01:

      (a) Blocks 108 to 119, inclusive, 124, 202, 204 to 213, inclusive, 215 to 220, inclusive, 222, 223, and 232 to 235, inclusive.

      (b) That part of block 123 which is bounded by a line formed by Alta Drive, to its intersection with Campbell Drive, then north on Campbell Drive to Sonia Drive, then west on Sonia Drive to McArthur Drive, then north to the point where Skipworth Drive begins, and then due west to Valley View Boulevard.] voting districts 0675, 1760, 1810, 1825, 1835, 1880, 1885, 1915, 1985, 2015, 2030, 2080, 3065, 3135 and 3145.


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ê1991 Statutes of Nevada, Page 1468 (Chapter 493, SB 647)ê

 

      2.  In Clark County , in census [tract 10.02, blocks 101 to 117, inclusive.] voting district 0485, blocks 108, 109, 110, 111, 114, 115, 116 and 117.

      3.  In Clark County , in census [tract 22.01:

      (a) Block group 2.

      (b) Blocks 106, 108 to 118, inclusive, 130 to 134, inclusive, and 136 to 141, inclusive.

      4.  In Clark County census tract 22.02:

      (a) Block group 2.

      (b) Blocks 301 and 331 to 333, inclusive.

      5.  In Clark County census tract 29.02, block groups 3 and 9.

      6.  In Clark County census tract 29.03:

      (a) Block group 9.

      (b) Blocks 136 to 144, inclusive.] voting district 3160, blocks 156, 157, 158, 159 and 160.

      Sec. 16.  NRS 218.062 is hereby amended to read as follows:

      218.062  Assembly district 9 consists of:

      1.  In Clark County , census [tracts 8, 9, 11 and 12.] voting districts 0010, 0015, 0025, 0040, 0055, 0060, 0080, 0105, 0110, 0155, 0200, 0220, 0330, 0455, 0460, 0495 and 0570.

      2.  In Clark County , in census [tract 2.02, blocks 321 to 325, inclusive, and 328.] voting district 0030:

      (a) Blocks 101, 220, 221, 222, 223, 224, 225, 226, 227, 228 and 229.

      (b) Located in census tract 0007, blocks 102, 103, 104 and 105.

      3.  In Clark County , in census [tract 6:

      (a) Block group 2.

      (b) Blocks 106 to 108, inclusive, 110 to 115, inclusive, 117 and 118.] voting district 0065, block 503.

      4.  In Clark County , in census [tract 7, blocks 115, 116, 119, 120, 123, 124, 128 to 132, inclusive, and 201 to 219, inclusive.] voting district 0190, blocks 215, 216, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326 and 327.

      5.  In Clark County , in census [tract 13:

      (a) Block group 3.

      (b) Blocks 203 to 211, inclusive, 213, 214, 401 to 410, inclusive, 505 to 509, inclusive, and 514.] voting district 0235, blocks 217, 218, 219, 220, 221, 222, 223, 301, 302, 303, 304, 307 and 308.

      6.  In Clark County , in census [tract 20, blocks 101 to 106, inclusive.] voting district 0240, blocks 110, 111, 113, 202, 203, 204, 205, 206, 207, 212 and 216.

      7.  In Clark County , in census [tract 21, blocks 101 and 102.] voting district 0485, blocks 131, 133 and 134.

      8.  In Clark County, in census voting district 0490, blocks 108, 109, 115, 116, 119, 130, 131, 132, 133, 134, 208, 209, 210, 211 and 215.

      Sec. 17.  NRS 218.0625 is hereby amended to read as follows:

      218.0625  Assembly district 10 consists of:

      1.  In Clark County , census [tracts 23 and 24.01.] voting districts 0475, 1755, 1765, 1780, 1815, 1850, 1870, 1890, 1970, 2020, 2880, 3010, 3015, 3025, 3035, 3040, 3045, 3050, 3060, 3070, 3090, 3215 and 3240.


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ê1991 Statutes of Nevada, Page 1469 (Chapter 493, SB 647)ê

 

      2.  In Clark County , in census [tract 20, blocks 108 to 115, inclusive, and 125 to 127, inclusive.] voting district 0485, block 130A.

      3.  In Clark County , in census [tract 21, blocks 105 to 109, inclusive.] voting district 1800, block 106.

      4.  In Clark County , in census [tract 22.01, blocks 101 to 104, inclusive, 123, 128, 129, and 142 to 145, inclusive.

      5.  In Clark County census tract 24.02, blocks 110 to 112, inclusive, 122, 123 and 201.

      6.  In Clark County census tract 25, blocks 103 to 115, inclusive.

      7.  In Clark County census tract 26, blocks 114 to 119, inclusive.] voting district 3030, block 204.

      Sec. 18.  NRS 218.063 is hereby amended to read as follows:

      218.063  Assembly district 11 consists of:

      1.  In Clark County , census [tracts 5.02 and 5.04.] voting districts 0020, 0050, 0070, 0085, 0095, 0150, 0255, 0425, 0525, 2190, 2200, 2785 and 2810.

      2.  In Clark County , in census [tract 4, blocks 101, 110 to 112, inclusive, 114 to 116, inclusive, 308 and 309.] voting district 0450, blocks 101, 102, 110 and 111.

      3.  In Clark County , in census [tract 5.03:

      (a) Block group 1.

      (b) Blocks 201 to 204, inclusive, 206 to 223, inclusive, 226 and 227.] voting district 0510:

      (a) Blocks 105, 106, 107, 108, 109, 112, 120, 128, 131 and 140.

      (b) Block 121 located in census tract 000509.

      4.  In Clark County , in census [tract 5.07, blocks 210, 212 to 218, inclusive, 220, 221, 223 to 231, inclusive, and 306.] voting district 0520, blocks 111, 125, 126, 131, 143 and 144.

      5.  In Clark County , in census [tract 5.08, block 221.] voting district 0590, blocks 129, 130, 219 and 220.

      6.  In Clark County , in census [tract 5.09, blocks 104 to 110, inclusive, and 142 to 145, inclusive.] voting district 0695, blocks 223, 325, 326, 328, 329, 330, 331 and 332.

      7.  In Clark County , in census [tract 6, blocks 101 to 103, inclusive.] voting district 2195, blocks 129, 130, 131 and 132.

      8.  In Clark County, in census voting district 2215, block 101.

      9.  In Clark County, in census voting district 2770, blocks 301, 333, 335, 336 and 337.

      Sec. 19.  NRS 218.0635 is hereby amended to read as follows:

      218.0635  Assembly district 12 [consist] consists of:

      1.  In Clark County , census [tracts 14 and 15.] voting districts 0165, 0205, 0265, 0295, 0350, 0750, 0765, 0775, 0960, 2155, 2160, 2165, 2180, 2230, 2240, 2245, 2755, 2760, 2775, 2800 and 2820.

      2.  In Clark County , in census [tract 5.03, blocks 224 and 225.] voting district 2195, blocks 133, 134, 135, 136, 137, 138, 139, 140 and 141.

      3.  In Clark County , in census [tract 5.09, blocks 112 to 117, inclusive, and 146 to 149, inclusive.

      4.  In Clark County census tract 13:

      (a) Block group 1.


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      (b) Blocks 201, 202, 411 to 413, inclusive, 501 to 504, inclusive, and 510 to 513, inclusive.

      5.  In Clark County census tract 16.02, blocks 126 to 128, inclusive, and 143 to 146, inclusive.

      6.  In Clark County census tract 19:

      (a) Block group 3.

      (b) Blocks 102 to 109, inclusive, 125 to 127, inclusive, 201 to 208, inclusive, and 214 to 216, inclusive.] voting district 2215, blocks 102, 103, 104, 105, 106, 107, 108, 109, 110, 127, 144, 145 and 146.

      Sec. 20.  NRS 218.064 is hereby amended to read as follows:

      218.064  Assembly district 13 consists of:

      1.  In Clark County , census [tract 27.01, blocks 126 to 130, inclusive, 202 to 204, inclusive, 206 to 213, inclusive, 227 to 231, inclusive, 239 and 240.] voting districts 0320, 1580, 1725, 1740, 1925, 1955, 2075, 2475, 2595, 2600, 2610, 2635, 2640, 2655, 2670, 2690, 2725 and 2730.

      2.  In Clark County , in census [tract 27.02:

      (a) Block group 4.

      (b) Blocks 326 to 329, inclusive.] voting district 0410, blocks 232, 233, 234, 238, 239, 240, 241, 242, 243, 249 and 250.

      3.  In Clark County , in census [tract 28.01, blocks 225, 226, 248 and 249.] voting district 0900, blocks 219A, 220, 221, 251 and 252.

      4.  In Clark County , in census [tract 28.02:

      (a) Block groups 3 to 6, inclusive, and 9.

      (b) Blocks 808 to 824, inclusive.] voting district 0950, block 318A.

      5.  In Clark County , in census [tract 29.02:

      (a) Block group 3.

      (b) Blocks 610 to 613, inclusive, 616 to 620, inclusive, and 723 to 734, inclusive.] voting district 1710, blocks 815, 816 and 817.

      6.  In Clark County , in census [tract 29.03:

      (a) Block groups 2, 4, 7 and 8.

      (b) Blocks 145 to 154, inclusive.] voting district 1715, blocks 301, 302, 303, 304, 305, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 326, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 403, 404, 405 and 406.

      7.  In Clark County , in census [tract 29.04:

      (a) Block groups 3 and 7.

      (b) Blocks 405, 406, 420, 546 to 548, inclusive, 602, and 604 to 609, inclusive.] voting district 1895, blocks 601, 602, 606, 608 and 609.

      8.  In Clark County , in census [tract 32:

      (a) Block group 4.

      (b) That part of block 904 which is in Las Vegas Township and that part which is in the City of Las Vegas.] voting district 1940, blocks 257, 258, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 715, 716, 717, 718, 719 and 720.

      9.  In Clark County , in census [tract 57, enumeration districts 16 and 32.] voting district 1975, blocks 561, 602 and 610.

      10.  In Clark County , in census [tract 58:


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      (a) Enumeration districts 15 and 33.

      (b) Block group 9.] voting district 2045, blocks 817, 818 and 819.

      11.  In Clark County, in census voting district 2350, blocks 204, 901 and 902B.

      12.  In Clark County, in census voting district 2360, blocks 218, 306, 307, 308, 311, 312, 904 and 905.

      13.  In Clark County, in census voting district 2645, blocks 219, 220, 229, 230, 231, 232, 233, 234, 235 and 236.

      14.  In Clark County, in census voting district 2740, blocks 810, 811, 812 and 813.

      15.  In Clark County, in census voting district 3175, block 318B.

      16.  In Clark County, in census voting district 3210, block 903C.

      Sec. 21.  NRS 218.0645 is hereby amended to read as follows:

      218.0645  Assembly district 14 consists of:

      1.  In Clark County , census [tract 5.06] voting districts 0120, 0250, 0305, 0465, 0505, 0630, 0660, 0690, 1070, 2790, 2795, 2805 and 2815.

      2.  In Clark County , in census [tract 5.07, blocks 206 to 209, inclusive, 301 to 305, inclusive, and 307.] voting district 0695, blocks 220, 221, 224 and 225.

      3.  In Clark County , in census [tract 5.08:

      (a) Block group 3.

      (b) Blocks 204 to 220, inclusive, 222, 223, and 230 to 232, inclusive.] voting district 2750, blocks 201, 213, 215, 216, 217, 218, 219, 220, 221, 222, 223, 237, 238, 239, 519, 520, 523 and 524.

      4.  In Clark County , in census [tract 5.09:

      (a) Block group 2.

      (b) Blocks 119, 123 to 126, inclusive, 136 and 150.] voting district 2770, blocks 406, 407, 408, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432 and 433.

      5.  In Clark County , in census [tract 49:

      (a) Block groups 2 to 4, inclusive.

      (b) Blocks 120 to 123, inclusive, 507 and 508.] voting district 2780, blocks 401, 402, 403, 404, 409 and 410.

      6.  In Clark County , in census [tract 56, blocks 124, 127, 128, 141 to 143, inclusive, and those parts of blocks 101 to 123, inclusive, and 905 which are in Las Vegas Township.] voting district 2870, block 328.

      Sec. 22.  NRS 218.065 is hereby amended to read as follows:

      218.065  Assembly district 15 consists of:

      1.  In Clark County , census [tracts 18.01 and 18.02.] voting districts 1775, 1790, 1795, 1820, 1830, 1845, 1865, 1875, 1935, 2005, 2050, 2170, 2580, 2665, 2705, 2935, 3070, 3075, 3080, 3095, 3100, 3115, 3130 and 3155.

      2.  In Clark County , in census [tract 16.02, block group 5.] voting district 2115, blocks 801, 802, 803 and 810.

      3.  In Clark County , in census [tract 17.02, blocks 402 to 409, inclusive.] voting district 2175, blocks 417, 418, 512 and 517.

      4.  In Clark County , in census [tract 19, blocks 110 to 114, inclusive, and 209 to 213, inclusive.] voting district 2185, blocks 503, 504, 505, 506, 507, 508, 513, 514, 515 and 516.


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      5.  In Clark County , in census [tract 25, blocks 101, 102, 118 to 121, inclusive, 126, 127, 202, 203, 210, 211, 213 to 215, inclusive, 218 to 220, inclusive, 222 to 224, inclusive, 226 to 245, inclusive, and 247 to 251, inclusive.] voting district 2225, block 419.

      6.  In Clark County, in census voting district 2910, blocks 501, 502, 503, 504, 508 and 509.

      7.  In Clark County, in census voting district 2915, blocks 218, 219, 220, 221, 222, 223, 224, 225, 226 and 235.

      8.  In Clark County, in census voting district 3030, blocks 208, 209, 210, 211 and 215.

      Sec. 23.  NRS 218.0655 is hereby amended to read as follows:

      218.0655  Assembly district 16 consists of:

      1.  In Clark County , census [tract 17.04.] voting districts 2055, 2110, 2125, 2130, 2135, 2140, 2575, 2585, 2605, 2615, 2620, 2630, 2650, 2660, 2680, 2685, 2700, 2710, 2715, 2720, 2920 and 2930.

      2.  In Clark County , in census [tract 17.03, block group 6.] voting district 1715, blocks 306 and 307.

      3.  In Clark County , in census [tract 28.01:

      (a) Block groups 1 and 8.

      (b) Blocks 203, 205 to 220, inclusive, 223, 224, 227 to 236, inclusive, and 238 to 247, inclusive.] voting district 2115, blocks 811 and 812.

      4.  In Clark County , in census [tract 28.02:

      (a) Block group 7.

      (b) Blocks 801 to 807, inclusive.] voting district 2645, blocks 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217 and 218.

      5.  In Clark County, in census voting district 2740, block 809.

      6.  In Clark County, in census voting district 2885, block 233.

      7.  In Clark County, in census voting district 2910, blocks 505, 506 and 507.

      Sec. 24.  NRS 218.066 is hereby amended to read as follows:

      218.066  Assembly district 17 consists of:

      1.  In Clark County , census [tracts 45, 46 and 48.01.] voting districts 1230, 1275, 1330, 2850, 2865, 2945, 2960, 2980, 2985 and 2990.

      2.  In Clark County , in census [tract 36:

      (a) Enumeration district 19.

      (b) Block groups 1 and 2.

      (c) Blocks 911, 914, 915, 917, 920, 930 to 932, inclusive, and 934 to 950, inclusive.] voting district 1150, block 210.

      3.  In Clark County , in census [tract 44:

      (a) Block group 1.

      (b) Blocks 212, 213, 215 to 219, inclusive, 231 and 232.] voting district 1185, blocks 101, 102, 201, 202, 203, 941, 942, 943, 946, 947 and 948.

      4.  In Clark County , in census [tract 47.01, blocks 505 to 514, inclusive.] voting district 1195, blocks 906A, 914A, 915A, 915B, 918A, 918B, 918C, 919, 920, 921, 922, 926, 927, 928, 936, 937, 938, 939, 940 and 944A.

      5.  In Clark County , in census [tract 48.02:

      (a) Block group 9.

      (b) Blocks 316 to 324, inclusive, 335 and 336.] voting district 1200, block 104.


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      6.  In Clark County , in census [tract 56, enumeration district 17.] voting district 2845, blocks 323, 324 and 325.

      7.  In Clark County , in census [tract 59, enumeration district 18.] voting district 2950, blocks 986 and 987.

      8.  In Clark County, in census voting district 2955, blocks 502B, 532, 533, 534 and 535.

      9.  In Clark County, in census voting district 2965:

      (a) Blocks 501, 902, 903, 907, 908, 909, 911, 912, 918A, 918B, 918C, 919, 922 and 923.

      (b) Located in census tract 004703, blocks 901 and 910.

      10.  In Clark County, in census voting district 2975, blocks 501B, 504, 505, 506, 507, 508, 509, 510, 511, 906, 913, 914, 915 and 916.

      11.  In Clark County, in census voting district 2995:

      (a) Block 101.

      (b) Block 102 located in census tract 004705.

      Sec. 25.  NRS 218.0665 is hereby amended to read as follows:

      218.0665  Assembly district 18 consists of:

      1.  In Clark County , census [tracts 17.05 and 50.] voting districts 1450, 2095, 2100, 2105, 2120, 2205, 2210, 2265, 2270, 2275, 2280, 2300, 2305, 2310, 2315, 2625 and 2675.

      2.  In Clark County , in census [tract 16.01, blocks 901 to 922, inclusive, and 924.] voting district 2175, blocks 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 420 and 518.

      3.  In Clark County , in census [tract 17.01, blocks 801 to 803, inclusive, and 810 to 812, inclusive.] voting district 2185, blocks 501, 502, 509, 510, and 511.

      4.  In Clark County , in census [tract 28.01, block group 7.] voting district 2225, block 924.

      Sec. 26.  NRS 218.067 is hereby amended to read as follows:

      218.067  Assembly district 19 consists of:

      1.  In Clark County , census [tracts 39 to 43, inclusive.] voting districts 1115, 1155, 1210, 1215, 2250, 2255, 2260, 2835, 2840, 2855, 2860 and 2970.

      2.  In Clark County , in census [tract 38, blocks 101 to 108, inclusive, 301 and 323.] voting district 1160, blocks 101, 103, 107, 108, 109, 110, 112, 113, 114, 115, 116, 201, 204, 205 and 208.

      3.  In Clark County, in census voting district 1170, blocks 122 and 123.

      4.  In Clark County, in census voting district 1190, blocks 202, 203, 206, 207, 209 and 210.

      5.  In Clark County, in census voting district 1225, blocks 219 and 220.

      6.  In Clark County, in census voting district 1265, blocks 105, 119 and 218.

      7.  In Clark County, in census voting district 1300, block 221 located in census tract 0041.

      8.  In Clark County, in census voting district 2845, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 313, 317 and 318.

      9.  In Clark County, in census voting district 2870, blocks 314, 315, 316, 319, 320 and 327.


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      10.  In Clark County, in census voting district 2875, blocks 201, 203 and 212.

      11.  In Clark County, in census voting district 2995:

      (a) Block 102 located in census tract 004704.

      (b) Blocks 103, 104, 105, 106, 107, 108, 109, 110 and 111.

      Sec. 27.  NRS 218.0675 is hereby amended to read as follows:

      218.0675  Assembly district [20] 2 consists of:

      1.  In Clark County , census [tract 47.02.] voting districts 0075, 0210, 0230, 0245, 0290, 0325, 0340, 0560, 0565, 0585, 0650, 0720, 0830, 0850, 0855, 0885, 1045 and 1090.

      2.  In Clark County , in census [tract 47.01:

      (a) Block groups 1, 4 and 9.

      (b) Blocks 501 to 504, inclusive, and 515 to 520, inclusive.] voting district 0090, blocks 401, 402, 403, 404, 405, 406, 407 and 408.

      3.  In Clark County , in census [tract 48.02:

      (a) Block groups 1 and 2.

      (b) Blocks 301 to 314, inclusive, 325 to 330, inclusive, 337 and 338.] voting district 0140, blocks 302, 303, 304, 305, 306, 307, 308, 309, 310, 314 and 315.

      4.  In Clark County , in census [tract 49, blocks 102, 103, 105 to 107, inclusive, 116 to 118, inclusive, 177 to 180, inclusive, 182 to 185, inclusive, 188, 501 to 503, inclusive, and 506.] voting district 0835, block 305A.

      5.  In Clark County , in census [tract 56, that part of block 905 which is in North Las Vegas Township and block 910.] voting district 0895, blocks 301A, 301D, 313, 315, 316, 319, 320, 321, 325, 326 and 347A.

      6.  In Clark County, in census voting district 0950, blocks 401, 402, 403, 404, 405, 406 and 407.

      7.  In Clark County, in census voting district 3005, blocks 405, 406 and 407.

      8.  In Clark County, in census voting district 3120, blocks 501, 502, 503, 504, 505, 506, 507, 508, 514, 515, 516 and 524.

      9.  In Clark County, in census voting district 3140, blocks 301C, 303B, 305B, 306, 307, 308, 309, 346 and 347B.

      Sec. 28.  NRS 218.068 is hereby amended to read as follows:

      218.068  Assembly district [21] 20 consists of:

      1.  In Clark County, [Bunkerville, Logan, Overton and Mesquite townships.] census voting districts 0415, 0745, 0870, 0980, 0985, 0990, 1695, 1750, 2345, 2365, 2370, 2380, 2385, 2390, 2430, 2440, 2445, 2490, 2495, 2500, 2505, 2510, 2515, 2520, 2530, 2535, 2555, 2565, 2825, 3255 and 3305.

      2.  In Clark County , in census [tract 51.] voting district 0045, blocks 102A, 104, 132, 133, 134, 135, 136, 137, 138, 139 and 166A.

      3.  In Clark County , in census [tract 52:

      (a) Blocks 101 to 104, inclusive, 109 to 112, inclusive, 136 to 148, inclusive, and 152.

      (b) Block 116, excluding that part which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracks to a point due south of the point where Van Wagenen Street intersects Victory Road, and then north to that intersection.]


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point where Van Wagenen Street intersects Victory Road, and then north to that intersection.] voting district 0655, blocks 106 and 107.

      4.  In Clark County , in census [tract 54:

      (a) Block groups 1, 3 to 7, inclusive, and 9.

      (b) Blocks 201 to 243, inclusive, 245 to 250, inclusive, 252, 254, 255, 259 to 264, inclusive, 266 to 269, inclusive, 276, 284 to 287, inclusive, and 289 to 299, inclusive.] voting district 0875, blocks 214A and 310.

      5.  In Clark County , in census [tract 56, enumeration districts 23 and 28.] voting district 0900, block 211A.

      6.  In Clark County, in census voting district 1195, blocks 906B, 906C, 907A, 907B, 907C, 907D, 908A, 908B, 908C, 909, 910, 911, 912, 913A, 913B, 914B, 916, 917, 929, 930, 931, 932, 933, 934, 935, 944B, 945, 973A and 974.

      7.  In Clark County, in census voting district 1515, block 901C.

      8.  In Clark County, in census voting district 1600:

      (a) Blocks 201A, 901A, 906A and 946A.

      (b) Located in census tract 005401, blocks 202 and 203.

      9.  In Clark County, in census voting district 1605, block 901A.

      10.  In Clark County, in census voting district 1625, block 102.

      11.  In Clark County, in census voting district 1685, block 903A.

      12.  In Clark County, in census voting district 1720, blocks 401, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 532 and 533.

      13.  In Clark County, in census voting district 1735, blocks 501, 502, 503, 514, 515, 516, 517, 518, 519, 530, 531 and 701.

      14.  In Clark County, in census voting district 1940, blocks 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378 and 379.

      15.  In Clark County, in census voting district 2350, blocks 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 901B, 901J, 902, 903, 904, 905, 906, 906F, 907, 908 and 909.

      16.  In Clark County, in census voting district 2360, blocks 105, 106, 107, 162, 163, 164, 165, 166B, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 201, 202, 203, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216 and 217.

      17.  In Clark County, in census voting district 2750, blocks 109, 110, 111, 112, 113, 114, 521 and 525.

      18.  In Clark County, in census voting district 2780, blocks 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139 and 140.

      19.  In Clark County, in census voting district 2875, blocks 104, 105, 106, 107, 108 and 141.

      20.  In Clark County, in census voting district 2950, blocks 122, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 147, 148, 149, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 901, 902A, 902B, 903, 904, 905, 906, 907A, 907B, 907C, 908, 909, 910, 911, 912A, 912B, 913, 914, 915, 916, 917, 918, 919, 920A, 920B, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 968, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984 and 985.


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905, 906, 907A, 907B, 907C, 908, 909, 910, 911, 912A, 912B, 913, 914, 915, 916, 917, 918, 919, 920A, 920B, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935, 968, 972, 973, 974, 975, 976, 977, 978, 979, 980, 981, 982, 983, 984 and 985.

      21.  In Clark County, in census voting district 2965:

      (a) Located in census tract 004801, blocks 901 and 910.

      (b) Blocks 904 and 905.

      22.  In Clark County, in census voting district 2975, blocks 903, 904, 905 and 907.

      23.  In Clark County, in census voting district 3175, blocks 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 309, 310, 311, 312, 313, 314, 315, 316, 334, 335 and 399B.

      24.  In Clark County, in census voting district 3180, blocks 184A, 184B, 185, 186 and 190.

      25.  In Clark County, in census voting district 3185:

      (a) Blocks 101, 102, 103, 105B, 201C, 901B, 901D, 902, 903, 903C, 904, 905B, 906C, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946B, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 965, 969, 970 and 971.

      (b) Block 201B located in census tract 005401.

      26.  In Clark County, in census voting district 3190, blocks 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 336, 363, 364, 365, 366, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397 and 399B.

      27.  In Clark County, in census voting district 3210, blocks 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 159, 160, 161, 162, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 301, 302, 303, 304, 305, 306, 307, 308 and 317.

      Sec. 29.  NRS 218.0685 is hereby amended to read as follows:

      218.0685  Assembly district [22] 21 consists of:

      1.  In Clark County, [Searchlight Township.] census voting districts 1440, 1445, 1480, 1490, 1495, 1500, 1540, 1545, 1550, 1575, 1585, 3270, 3275 and 3280.

      2.  In Clark County , in census [tracts 53 and 55.] voting district 1395, block 432A.

      3.  In Clark County , in census [tract 52:

      (a) Blocks 105 to 108, inclusive, 113 to 115, inclusive, 117, and 120 to 135, inclusive.

      (b) That part of block 116 which is bounded by a line formed by Van Wagenen Street, from its intersection with Victory Road to its intersection with Pacific Avenue, then south on Pacific Avenue to the Union Pacific railroad tracks, then west along the railroad tracks to a point due south of the point where Van Wagenen Street intersects Victor Road, and then north to that intersection.] voting district 1415, blocks 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422, 423, 424, 425, 501A, 502, 504, 505 and 506.


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406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 419, 420, 421, 422, 423, 424, 425, 501A, 502, 504, 505 and 506.

      4.  In Clark County , in census [tract 54:

      (a) Enumeration district 30.

      (b) Block 288 and that part of block 244 which is bounded by Equestrian Drive, Appaloosa Road and Boulder Highway.] voting district 3295, blocks 401B, 432B and 433.

      5.  In Clark County , in census [tract 56, enumeration districts 24 and 29.

      6.  In Clark County census tract 57, enumeration districts 25, 26 and 31.] voting district 3300, blocks 201, 202B and 434.

      Sec. 30.  NRS 218.069 is hereby amended to read as follows:

      218.069  Assembly district [23] 22 consists of:

      1.  [Washoe] In Clark County , census [tracts 10.02, 33.01, 33.02, 33.03 and 33.04.] voting districts 1360, 1365, 1400, 1430, 1590, 1615, 1620, 1630, 1635, 1640, 1645, 1650, 1655, 1660, 1665, 1675, 1680, 1690, 1730, 2540, 2545, 2745, 3205, 3285 and 3290.

      2.  In [Washoe] Clark County , in census [tract 10.01:

      (a) Block group 9.

      (b) Blocks 207 to 209, inclusive, 212 to 217, inclusive, 229 to 232, inclusive, 239 to 244, inclusive, 247 and 248.] voting district 1425, block 511.

      3.  In [Washoe] Clark County , in census [tract 11, blocks 226 to 231, inclusive, that part of block 902 which is in the City of Reno, and blocks 903 to 909, inclusive.] voting district 1465, blocks 207, 208, 209, 210, 211, 212, 213, 214, 255, 256, 257 and 258.

      4.  In [Washoe] Clark County , in census [tract 32:

      (a) Enumeration districts 220 to 223, inclusive.

      (b) Block group 9.

      (c) Blocks 105, 107 to 110, inclusive, 142 to 146, inclusive, 186, 274 and 277.] voting district 1470, blocks 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 379, 380, 381, 382 and 383.

      5.  In Clark County, in census voting district 1605, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364 and 903B.

      6.  In Clark County, in census voting district 1625, blocks 101, 103, 111, 112, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 128.

      7.  In Clark County, in census voting district 1685, blocks 104, 105A, 106, 107, 108, 136, 140, 141, 142, 143, 144, 145, 146 and 147.

      8.  In Clark County, in census voting district 1710, blocks 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 829 and 830.

      9.  In Clark County, in census voting district 1720, blocks 402, 403, 404, 534, 535, 536, 537, 538, 539, 540, 541, 601, 602, 603, 604, 605, 606, 702, 910C and 912.

      10.  In Clark County, in census voting district 1735, blocks 901, 902, 903, 904, 905, 906, 907, 908 and 909.


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      11.  In Clark County, in census voting district 3180, blocks 901, 902, 903, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 935, 936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 958, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994 and 999.

      12.  In Clark County, in census voting district 3190, blocks 904B, 905, 906, 907, 908, 911, 912, 913, 933, 934, 979, 980, 981, 982 and 999.

      13.  In Clark County, in census voting district 3300, block 101D.

      Sec. 31.  NRS 218.0695 is hereby amended to read as follows:

      218.0695  Assembly district 24 consists of:

      1.  In Washoe County , census [tracts 13, 14, 24 and 25.] voting districts 0401, 0412, 0444, 0501, 0505, 0507, 0516, 0517, 0521, 0522, 0524, 0533, 0536, 0749 and 0803.

      2.  In Washoe County , in census [tract 1, block group 1.] voting district 0402, blocks 201, 202, 203, 204, 205, 206, 301, 301A, 302, 303, 304, 306, 308A, 309, 314, 315, 316, 317, 318, 319 and 320.

      3.  In Washoe County , in census [tract 5, blocks 102 to 112, inclusive, 215, 218 to 220, inclusive, 222 to 226, inclusive, and 229.] voting district 0404, blocks 201A, 201C, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228 and 230.

      4.  In Washoe County, in census voting district 0410, blocks 101, 102, 103, 110, 111, 115, 116, 124, 125, 129, 130, 305, 307, 321, 322, 401, 402, 403, 405, 415, 417, 418, 419, 420 and 421.

      5.  In Washoe County, in census voting district 0419, block 201B.

      6.  In Washoe County, in census voting district 0425, blocks 203A, 203B, 204A, 204B, 205A, 205B and 206.

      7.  In Washoe County, in census voting district 0457:

      (a) Located in census tract 0014, blocks 124, 125 and 126.

      (b) Blocks 127, 128, 129, 132, 133, 202, 206, 207, 223, 224, 229 and 230.

      8.  In Washoe County, in census voting district 0508, blocks 130, 201, 203, 204, 205, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 225, 226 and 227.

      9.  In Washoe County, in census voting district 0532, blocks 108A, 109, 110 and 111.

      10.  In Washoe County, in census voting district 0719, blocks 201B, 202, 301C, 301E and 302C.

      11.  In Washoe County, in census voting district 0752, blocks 201C, 203B, 210B and 216B.

      Sec. 32.  NRS 218.0705 is hereby amended to read as follows:

      218.0705  Assembly district 25 consists of:

      1.  In Washoe County , census [tract 3, blocks 326 and 327.] voting districts 0109, 0111, 0112, 0116, 0121, 0122, 0123, 0125, 0127, 0133, 0136, 0206, 0212, 0223, 0235, 0242, 0243, 0251, 0253, 0306, 0701, 0704, 0761, 0782, 0795 and 0796.

      2.  In Washoe County , in census [tract 4:

      (a) Block groups 2 and 3.


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      (b) Blocks 402 to 405, inclusive, 423 and 424.] voting district 0103, blocks 104, 406, 407, 408, 409, 410, 411, 413 and 414.

      3.  In Washoe County , in census [tract 10.01:

      (a) Block group 1.

      (b) Blocks 205, 206, 210, 218, 219, 221 to 227, inclusive, 233 to 238, inclusive, 245, 246 and 249.] voting district 0105, blocks 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130 and 131.

      4.  In Washoe County , in census [tract 11:

      (a) Block group 3.

      (b) Blocks 104, 105, 113 to 117, inclusive, 121 to 127, inclusive, 129 to 137, inclusive, and that part of 902 which is in Reno Township but not in the City of Reno.] voting district 0118, blocks 123A, 133A, 401A and 407A.

      5.  In Washoe County, in census voting district 0124, blocks 407, 801B, 802, 803, 804, 805, 806 and 807.

      6.  In Washoe County, in census voting district 0131:

      (a) Blocks 301A, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 402A, 402B, 402C, 402D, 503, 505A, 505B, 601 and 602.

      (b) Block 399 located in census tract 001003.

      7.  In Washoe County, in census voting district 0208, block 201.

      8.  In Washoe County, in census voting district 0215, blocks 216, 217, 218, 219, 228, 229, 230, 231, 232, 301, 302, 303, 304, 305, 312, 313, 314, 315, 316, 317, 318, 319, 320 and 328.

      9.  In Washoe County, in census voting district 0231, blocks 102A, 102B and 102C.

      10.  In Washoe County, in census voting district 0500:

      (a) Blocks 102A, 103A, 104A, 105, 106A, 107A, 107B, 403, 404B, 405 and 405B.

      (b) Block 404A located in census tract 0012.

      11.  In Washoe County, in census voting district 0535, block 207B.

      12.  In Washoe County, in census voting district 0702, blocks 101B, 102B, 103B, 104, 105, 201, 202, 203, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 313, 314, 315, 316, 399, 403, 404, 405, 406 and 409.

      13.  In Washoe County, in census voting district 0709, blocks 101B, 102B, 104B and 106B.

      14.  In Washoe County, in census voting district 0710, blocks 101B, 106B, 107B, 108A, 108D, 108E, 108F, 109B, 109C, 110, 111, 112, 113, 114, 115, 203A, 203B, 205, 206A, 206B, 207, 208, 214, 215, 216, 219, 301C and 304B.

      15.  In Washoe County, in census voting district 0849, blocks 101C, 103B, 123C, 123G, 311, 312, 401B, 402, 407B and 408.

      16.  In Washoe County, in census voting district 0901, blocks 213 and 218.

      Sec. 33.  NRS 218.071 is hereby amended to read as follows:

      218.071  Assembly district [26] 23 consists of:

      1.  [Washoe] In Clark County , census [tracts 21.02 and 22.02.] voting districts 1345, 1350, 1355, 1370, 1375, 1380, 1385, 1390, 1410, 1455, 1460, 1475, 1485, 1510, 1525, 1570 and 1610.

      2.  In [Washoe] Clark County , in census [tract 21.01, block groups 2 and 9.] voting district 1395, blocks 119, 120, 121, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 202, 203, 204A, 216A, 216B, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 901B.


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129, 130, 131, 132, 133, 134, 135, 136, 202, 203, 204A, 216A, 216B, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 901B.

      3.  In [Washoe] Clark County , in census [tract 22.01:

      (a) Block group 9.

      (b) Blocks 103 to 105, inclusive, 107 to 130, inclusive, and 156 to 167, inclusive.] voting district 1415, blocks 201A, 205 and 227.

      4.  In [Washoe] Clark County , in census [tract 32:

      (a) Enumeration district 217A.

      (b) Blocks 101, 117 to 119, inclusive, 125 to 131, inclusive, and 281.] voting district 1425, blocks 403, 404, 405, 406, 409, 410, 506, 507, 509 and 510.

      5.  In Clark County, in census voting district 1465, blocks 206, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 259 and 260.

      6.  In Clark County, in census voting district 1470, blocks 375, 376, 377 and 378.

      7.  In Clark County, in census voting district 1515, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 122, 301, 302, 905A and 906B.

      8.  In Clark County, in census voting district 1600:

      (a) Blocks 201, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595 and 596.

      (b) Located in census tract 005402, blocks 202 and 203.

      9.  In Clark County, in census voting district 3185:

      (a) Block 201B located in census tract 0051.

      (b) Block 204B.

      10.  In Clark County, in census voting district 3295, block 216C.

      11.  In Clark County, in census voting district 3300, block 217B.

      Sec. 34.  NRS 218.0715 is hereby amended to read as follows:

      218.0715  Assembly district [27] 26 consists of:

      1.  In Washoe County , census [tracts 2 and 7 to 9, inclusive.] voting districts 0244, 0323, 0326, 0334, 0335, 0336, 0337, 0338, 0339, 0341, 0344, 0348, 0349, 0350, 0351, 0707, 0731, 0733, 0736, 0742, 0744, 0746, 0769, 0780, 0781, 0832, 0833 and 0834.

      2.  In Washoe County , in census [tract 3:


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      (a) Block groups 1 and 2.

      (b) Blocks 301 to 312, inclusive, 314 to 325, inclusive, and 328.] voting district 0208, blocks 204, 205, 501, 502, 503, 504, 505, 506, 508, 601, 602, 603, 604, 605 and 606.

      3.  In Washoe County , in census [tract 4, blocks 301 and 331.] voting district 0716:

      (a) Blocks 201B, 302B, 303, 304B, 305, 306B, 308B, 310 and 409B.

      (b) Block 307B located in census tract 002204.

      4.  In Washoe County , in census [tract 11, blocks 210 to 216, inclusive.] voting district 0930, blocks 201, 202, 301, 302, 305, 306, 307, 308, 502, 503, 504, 505, 508, 509, 510 and 511.

      5.  In Washoe County , in census [tract 21.01, block group 1.

      6.  In Washoe County census tract 22.01, blocks 168 to 170, inclusive.] voting district 0945, blocks 108, 109, 204, 205, 206, 207, 208, 303, 304, 309, 310, 311, 312, 506, 507, 512 and 513.

      Sec. 35.  NRS 218.072 is hereby amended to read as follows:

      218.072  Assembly district [28] 27 consists of:

      1.  In Washoe County , census [tracts 6, 12 and 18.] voting districts 0106, 0132, 0135, 0200, 0203, 0240, 0312, 0317, 0347, 0403, 0420, 0700 and 0764.

      2.  In Washoe County , in census [tract 1, block groups 2 and 3.] voting district 0103, blocks 103, 401, 412, 415, 416 and 422.

      3.  In Washoe County , in census [tract 4:

      (a) Block group 1.

      (b) Blocks 406 to 411, inclusive, and 413 to 422, inclusive.] voting district 0105, blocks 101, 102, 105, 106, 107, 108, 109, 110, 111, 112, 113, 116, 117 and 118.

      4.  In Washoe County , in census [tract 5, blocks 113, 114, 118, 120, 121, 123 to 127, inclusive, 201 to 214, inclusive, 216 and 217.] voting district 0215, blocks 129, 130, 133, 201, 202, 203, 212, 213, 214 and 215.

      5.  In Washoe County , in census [tract 16:

      (a) Block group 2.

      (b) Blocks 107 to 121, inclusive, and 124.] voting district 0245, blocks 102, 103, 104, 105, 106, 107, 108, 109B, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226 and 227.

      6.  In Washoe County , in census [tract 17:

      (a) Block group 1.

      (b) Blocks 901, 902, 907, 915 and 916.] voting district 0305, block 109A.

      7.  In Washoe County, in census voting district 0310, blocks 212, 213, 214, 215, 216, 222 and 323.

      8.  In Washoe County, in census voting district 0346, block 505.

      9.  In Washoe County, in census voting district 0402, blocks 308, 602, 617, 618, 621, 622, 623, 624, 625, 635, 640 and 646.

      10.  In Washoe County, in census voting district 0410, blocks 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 619, 620, 626, 627, 628, 629, 630, 631 and 632.

      11.  In Washoe County, in census voting district 0457:


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      (a) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 701, 702, 703, 704, 705, 712, 713, 714, 715, 716, 801 and 802.

      (b) Located in census tract 0001, blocks 124, 125 and 126.

      12.  In Washoe County, in census voting district 0500, blocks 201B, 202, 301A, 301B, 301C, 302A, 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401A, 401B, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515 and 516.

      13.  In Washoe County, in census voting district 0508, blocks 706, 707, 708, 709, 710, 711, 718, 719, 803, 804, 805 and 806.

      14.  In Washoe County, in census voting district 0709, blocks 101A, 201A, 201C, 201D, 201E, 201F, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 206A, 206B and 207.

      Sec. 36.  NRS 218.0725 is hereby amended to read as follows:

      218.0725  Assembly district 29 consists of:

      1.  In Washoe County , census [tracts 15, 23 and 26.01.] voting districts 0428, 0429, 0445, 0458, 0534, 0741, 0747, 0748, 0750, 0802, 0807, 0809, 0810, 0811, 0813, 0848, 0853, 0854, 0855, 0904 and 0907.

      2.  In Washoe County , in census [tract 16, blocks 102, 103, 123 and 131.] voting district 0421:

      (a) Blocks 520A, 604A, 605, 613, 614 and 615.

      (b) Block 612 located in census tract 002603.

      3.  In Washoe County , in census [tract 26.02:

      (a) Block group 4.

      (b) Blocks 107, 122 to 134, inclusive, 157 to 160, inclusive, 166 to 199, inclusive, 201 to 219, inclusive, 221 to 228, inclusive, 232, 233, 235 to 237, inclusive, 248, 256 to 259, inclusive, 265, 268, 273, 276, 277, 303, 306, 901, 910 to 913, inclusive, 915, 931, 932, 934, 936, 938, 946 to 950, inclusive, 955, 964, 977, 980, 981, 984, 986, 987, 990, 991 and 996.] voting district 0500:

      (a) Blocks 402A and 405A.

      (b) Block 404A located in census tract 0023.

      4.  In Washoe County , in census [tract 34, enumeration district 7.] voting district 0532, blocks 101A, 101B, 102, 103, 104, 105, 106, 107 and 604C.

      5.  In Washoe County, in census voting district 0535, blocks 207A, 208, 305, 306, 309A and 309B.

      6.  In Washoe County, in census voting district 0728, blocks 418, 421, 422, 423 and 424.

      7.  In Washoe County, in census voting district 0752, blocks 101C and 105B.

      8.  In Washoe County, in census voting district 0821, blocks 334, 402, 403, 412, 414 and 524B.

      9.  In Washoe County, in census voting district 0856, blocks 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 340, 341, 342, 343, 344, 345, 346, 347 and 348.

      10.  In Washoe County, in census voting district 0905, blocks 431, 432, 433, 434, 435, 436, 437, 438, 439A, 439B, 440, 441, 442, 444, 445, 508, 509A, 509B, 511A, 511B, 512A, 512B, 518, 519, 533C and 601.


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      Sec. 37.  NRS 218.073 is hereby amended to read as follows:

      218.073  Assembly district 30 consists of:

      1.  In Washoe County , census [tracts 19, 20 and 28.] voting districts 0611, 0613, 0614, 0617, 0621, 0624, 0626, 0641, 0643, 0651, 0654, 0658, 0713, 0753 and 0755.

      2.  In Washoe County , in census [tract 27, that part of block 918 which is in the City of Sparks.] voting district 0245, blocks 334 and 335.

      3.  In Washoe County , in census [tract 29, blocks 112, 113, 116, 119 to 124, inclusive, 131 to 135, inclusive, 212 to 215, inclusive, and 236.] voting district 0305, blocks 101A, 101B and 115.

      4.  In Washoe County , in census [tract 30, blocks 317 to 324, inclusive.] voting district 0310, blocks 108, 109, 113A, 114A, 114B, 199, 201, 202, 203, 204, 205, 301, 302, 303, 304, 304A, 304B, 304C, 305, 306, 307, 307A, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 336, 337A, 338, 339, 340, 341, 342 and 343.

      5.  In Washoe County, in census voting district 0346, blocks 110, 111, 112, 113, 401, 402 and 403.

      6.  In Washoe County, in census voting district 0620, blocks 808, 809, 810, 811, 812, 813, 814, 815 and 901.

      7.  In Washoe County, in census voting district 0625, blocks 107A, 108, 109, 501B, 704, 705, 706 and 707.

      8.  In Washoe County, in census voting district 0655, blocks 108A, 108D and 109A.

      9.  In Washoe County, in census voting district 0716:

      (a) Block 307B located in census tract 002101.

      (b) Block 337B.

      Sec. 38.  NRS 218.0735 is hereby amended to read as follows:

      218.0735  Assembly district 31 consists of:

      1.  In Washoe County , census [tract 29, blocks 101, 103 to 106, inclusive, 109, 110, 125 to 130, inclusive, 136 to 146, inclusive, 201 to 209, inclusive, 218 to 223, inclusive, 225 to 227, inclusive, 237 to 251, inclusive, and 253 to 257, inclusive.] voting districts 0610, 0615, 0616, 0619, 0627, 0630, 0631, 0632, 0633, 0634, 0635, 0638, 0639, 0642, 0647, 0648, 0649, 0650, 0652, 0659 and 0774.

      2.  In Washoe County , in census [tract 30:

      (a) Block groups 1 and 2.

      (b) Blocks 301 to 316, inclusive.] voting district 0620, blocks 101, 102, 103, 104, 105, 106, 111, 202 and 203.

      3.  In Washoe County , in census [tract 31.01, blocks 104 to 107, inclusive, and 901.] voting district 0640, blocks 103A, 103B, 112, 113, 114, 115, 116, 117, 118, 119, 120 and 121.

      4.  In Washoe County , in census [tract 31.02, blocks 103 to 113, inclusive, 115 to 146, inclusive, 162, 163, 174 and 975.] voting district 0655, blocks 102, 103, 104, 105, 106, 107, 301, 303, 304, 305, 306, 307 and 308.

      5.  In Washoe County, in census voting district 0728:

      (a) Blocks 101B, 102C, 108B, 109B, 110B and 111C.

      (b) Block 101C located in census tract 002901.


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      Sec. 39.  NRS 218.074 is hereby amended to read as follows:

      218.074  Assembly district 32 consists of:

      1.  In Washoe County , census [tract 31.03.] voting districts 0430, 0441, 0442, 0443, 0453, 0456, 0708, 0714, 0725, 0726, 0734, 0735, 0760, 0768, 0801, 0805, 0808, 0812, 0815, 0850, 0851, 0852 and 0910.

      2.  In Washoe County , in census [tract 17, blocks 905, 906, 909 to 914, inclusive, 917 and 918.] voting district 0404, block 107A.

      3.  In Washoe County , in census [tract 26.02, blocks 101 to 103, inclusive, 105, 106, 109, 111, 112, 114, 116, 135 to 138, inclusive, 161 to 165, inclusive, 266, 267, 305, 307 to 309, inclusive, 314, 916, 940, 954, 975, 976, 978, 979, 985 and 995.] voting district 0419, blocks 101A, 102, 103, 104, 105A, 106, 604B and 607.

      4.  In Washoe County , in census [tract 27:

      (a) Block groups 1 and 2.

      (b) Blocks 903, 905 to 909, inclusive, 912 to 917, inclusive, that part of 918 which is in Sparks Township but not in the City of Sparks, and 919 to 925, inclusive.] voting district 0421:

      (a) Blocks 521A, 522A, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532A, 533A, 534A, 535A, 538A, 605B, 607, 609B, 609C, 611A, 611B, 613A, 615A, 616, 701, 702, 703, 704A, 704C, 705A, 705C, 706, 707, 708, 709 and 710.

      (b) Block 612 located in census tract 002604.

      5.  In Washoe County , in census [tract 29, block 107.] voting district 0425, blocks 119, 401, 402, 403, 404, 405, 406, 407A, 407B, 407C, 408, 409, 502A, 505A, 506, 507, 508 and 511.

      6.  In Washoe County , in census [tract 31.01, blocks 102, 103, 108, 110, 112, 114 to 116, inclusive 955, 956 and 975.] voting district 0625, blocks 504, 505B, 505C, 509 and 510.

      7.  In Washoe County , in census [tract 31.02:

      (a) Block group 2.

      (b) Blocks 101, 151 to 155, inclusive, 173, 175, 176, 180 and 913.] voting district 0640, blocks 101A, 101B, 101D, 102, 129A, 446A, 446B, 462A, 463A, 463C, 465A and 465B.

      8.  In Washoe County , in census [tract 31.04:

      (a) Enumeration districts 238 to 247, inclusive.

      (b) Block group 1.] voting district 0719, blocks 101B, 102, 104A, 104B, 105A, 105B, 105C, 106, 106B, 107B, 403C, 403D, 605H, 613B, 614C and 615B.

      9.  In Washoe County, in census voting district 0728:

      (a) Block 101C located in census tract 003103.

      (b) Blocks 101D, 101E, 103D, 104, 105A, 105B, 106, 107C, 129B, 130, 201, 205, 206, 207, 208, 216, 217, 220, 302, 443, 444, 445, 446G, 447, 448, 449, 450, 451, 457, 459, 460, 461, 462B, 463B, 463D, 464, 465C, 465D, 465E, 466, 485, 499, 501, 502B, 502C, 503, 504, 505B, 560, 561, 562, 563, 564, 565 and 566.

      10.  In Washoe County, in census voting district 0821, blocks 415, 416, 417, 418, 419, 420, 421, 522, 523, 525B, 526, 527 and 528.


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      11.  In Washoe County, in census voting district 0856, blocks 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 542, 543, 544 and 545.

      12.  In Washoe County, in census voting district 0905, blocks 521D and 532B.

      Sec. 40.  NRS 218.0745 is hereby amended to read as follows:

      218.0745  Assembly district 33 consists of:

      1.  In Elko County [.] , census voting districts 0005, 0010, 0015, 0020, 0025, 0030, 0035, 0040, 0045, 0050, 0055, 0070, 0075, 0080, 0090, 0095, 0105, 0110, 0115, 0120, 0125, 0135, 0145, 0150, 0155, 0165, 0170, 0185 and 0190.

      2.  In [Eureka County:

      (a) Beowawe Township.

      (b) In Eureka Township, enumeration districts 480 to 486, inclusive.] Elko County, in census voting district 0100:

      (a) Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 120, 121, 122, 123, 124, 125, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 161, 162, 163, 165, 166, 167, 168, 169, 174, 175, 176, 177, 178, 179, 180, 184, 185, 186, 187, 188, 189, 192, 193, 199B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 221, 222, 223, 224, 259, 260, 261, 262, 263, 266, 267, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293 and 299B.

      (b) Located in census tract 9503, blocks 111, 112, 113, 114, 115, 116, 117, 118, 119, 126, 127, 128, 201, 202, 203, 204, 215, 216, 217, 218, 219, 220, 225, 226, 229, 230, 231, 232, 234, 248, 254, 255, 256, 257, 264, 265, 268, 269, 270, 271, 272, 273, 274, 279 and 294.

      3.  In Elko County, in census voting district 0140, blocks 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 123, 124, 125, 126, 127, 128, 129, 130, 131C, 132, 133, 134, 135, 136, 137, 138, 139, 140, 142C, 142D, 142E, 144, 146, 147, 148, 195, 196, 197, 199, 201B, 201C, 205B, 206B, 207, 227, 237, 244B, 245B, 246C, 246D, 247B, 248, 249, 311, 312B, 314B, 318C, 319B, 320B, 321B, 322 and 323B.

      Sec. 41.  NRS 218.0755 is hereby amended to read as follows:

      218.0755  Assembly district 34 consists of:

      1.  Humboldt and Pershing counties.

      2.  In [Lander County, Argenta Township.

      3.  In Washoe County, Gerlach and Wadsworth townships.] Elko County, census voting districts 0060, 0065, 0085, 0130, 0160, 0175 and 0180.

      3.  In Elko County, in census voting district 0100:

      (a) Located in census tract 9507, blocks 111, 112, 113, 114, 115, 116, 117, 118, 119, 126, 127, 128, 201, 202, 203, 204, 215, 216, 217, 218, 219, 220, 225, 226, 229, 230, 231, 232, 234, 248, 254, 255, 256, 257, 264, 265, 268, 269, 270, 271, 272, 273, 274, 279 and 294.

      (b) Blocks 227, 228, 233, 235, 236, 237, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 275, 276, 277, 278, 295, 296 and 299A.

      4.  In Elko County, in census voting district 0140, blocks 301, 302, 303, 304, 305, 306, 307, 355, 359 and 399.

      5.  In Eureka County, census voting districts 0015 and 0020.


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      6.  In Eureka County, in census voting district 0005, blocks 101, 102, 103, 104, 105, 109, 110, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 168, 169, 189, 190, 194, 195, 196, 197, 199, 301, 302, 303, 304, 305, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357 and 386.

      7.  In Eureka County, in census voting district 0010:

      (a) Located in census tract 9603, blocks 104, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 165, 166, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193 and 199.

      (b) Blocks 306, 307, 316, 317, 339, 340, 341, 342, 343, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382 and 383.

      8.  In Lander County, census voting districts 0005, 0010, 0015 and 0020.

      Sec. 42.  NRS 218.076 is hereby amended to read as follows:

      218.076  Assembly district 35 consists of:

      1.  Churchill and White Pine [County.

      2.  In Lander County, Austin Township.

      3.  In Churchill County, enumeration districts 850 to 857, inclusive, 859 to 865, inclusive, 866A to 866C, inclusive, 867, 868, 869A to 869G, inclusive, and 1500 to 1502, inclusive.

      4.  In Eureka County, enumeration districts 487 to 489, inclusive.] counties.

      2.  In Eureka County, in census voting district 0005, blocks 392, 393, 394 and 395.

      3.  In Eureka County, in census voting district 0010:

      (a) Blocks 101, 102, 103, 105, 109, 110, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 168, 169, 189, 190, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 299, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 384, 385, 387, 388, 389, 390, 391, 396 and 397.

      (b) Located in census tract 9604, blocks 104, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 165, 166, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 191, 192, 193 and 199.

      4.  In Lander County, census voting districts 0025 and 0030.

      5.  In Lincoln County, in census voting district 0020, block 218.

      Sec. 43.  NRS 218.0765 is hereby amended to read as follows:

      218.0765  Assembly district 36 consists of :

      1.  Esmeralda, [Lincoln,] Mineral and Nye counties.


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      2.  In Lincoln County, census voting districts 0005, 0010, 0015 and 0025.

      3.  In Lincoln County, in census voting district 0020, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 199A, 199B, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 332, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 392, 393, 394, 395, 396, 397, 399A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 429, 464, 492, 493, 494, 495, 496, 497 and 499.

      Sec. 44.  NRS 218.077 is hereby amended to read as follows:

      218.077  Assembly district 37 consists of:

      1.  In Carson City , census [tracts 4 and 5.] voting districts 0104, 0107 and 0114.

      2.  In Carson City , in census [tract 3, blocks 101 to 111, inclusive.] voting district 0108, blocks 112, 119, 120, 121, 122, 123, 124, 125, 126, 133, 134, 135, 136, 137, 139, 140, 141, 142, 143, 144, 145, 146, 153 and 205.

      3.  In Carson city , in census [tract 6:

      (a) Block groups 1 to 3, inclusive.

      (b) Blocks 402, 501, 502, 513, 514, 701, and 705 to 707, inclusive.] voting district 0115, blocks 402, 403, 404, 437, 438, 439, 440 and 451.

      4.  In [Washoe County census tract 32:

      (a) Enumeration districts 200, 201, 219A and 224.

      (b) Blocks 102, 111 to 113, inclusive, 116, 121, 122, 275, 279, 280, 317 to 321, inclusive, 323 to 330, inclusive, 332 and 333.] Carson City, in census voting district 0117, blocks 101, 102, 103, 104, 105, 106, 107, 108, 110, 113, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 130, 131, 132, 133, 134, 135, 136, 137, 143A, 154A, 185, 186 and 955A.

      5.  In Carson City, in census voting district 0225, block 127.

      6.  In Carson City, in census voting district 0440, blocks 620 and 625.

      7.  In Carson City, in census voting district 0446:

      (a) Blocks 177, 206, 208, 209, 210, 211, 225, 226, 228, 229, 232, 238, 239, 240, 241, 242, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 617, 618, 619 and 626.

      (b) Block 203 located in census tract 0003.


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      8.  In Carson City, in census voting district 0480, blocks 227, 281, 282, 283, 284 and 285.

      9.  In Washoe County, census voting districts 0232, 0252, 0703, 0705, 0712, 0720, 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0732, 0737, 0739, 0740, 0771, 0816, 0817, 0818, 0902, 0903, 0933, 0935 and 0939.

      10.  In Washoe County, in census voting district 0118, blocks 128A, 412A and 413.

      11.  In Washoe County, in census voting district 0124, blocks 414, 701, 702, 703, 704, 705, 706 and 801A.

      12.  In Washoe County, in census voting district 0131:

      (a) Blocks 312A, 313, 314, 315, 316, 431A and 602A.

      (b) Block 399 located in census tract 001003.

      13.  In Washoe County, in census voting district 0231, blocks 601, 701, 702, 703, 704, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 and 815.

      14.  In Washoe County, in census voting district 0702, blocks 410, 411, 412B, 421, 422 and 423.

      15.  In Washoe County, in census voting district 0710, blocks 217, 221, 301A, 301B, 302A, 302B, 303, 304A, 305A, 305B, 305C, 305D, 305E, 306A, 306B, 306C, 310, 501, 502, 503, 504 and 505.

      16.  In Washoe County, in census voting district 0849, blocks 133B and 134.

      17.  In Washoe County, in census voting district 0901, blocks 211A, 211B, 212, 220, 312B, 431B, 432, 433 and 602D.

      18.  In Washoe County, in census voting district 0930, blocks 203, 515, 516, 517 and 518.

      19.  In Washoe County, in census voting district 0945, block 514.

      Sec. 45.  NRS 218.0775 is hereby amended to read as follows:

      218.0775  Assembly district 38 consists of:

      1.  Lyon and Storey counties.

      2.  In [Churchill County, enumeration districts 858 and 870 to 872, inclusive.

      3.  In East Fork Township of Douglas County, enumeration districts 45 and 46.] Carson City, census voting districts 0222, 0229 and 0336.

      3.  In Carson City, in census voting district 0221, blocks 412, 413, 508, 509, 510, 511 and 512.

      4.  In Carson City, in census voting district 0224, blocks 407, 408, 501, 502, 503, 504, 505, 506 and 507.

      5.  In Carson City, in census voting district 0225, blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118, 128, 129, 147, 148, 149, 150, 151, 152, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 171, 201, 202, 203, 204, 205, 206, 208, 209, 210, 211, 212 and 213.

      6.  In Carson City, in census voting district 0332, block 101.

      7.  In Carson City, in census voting district 0337, blocks 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 367, 368, 369, 370, 371, 372, 373, 374, 379, 380, 381 and 382.


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      Sec. 46  NRS 218.078 is hereby amended to read as follows:

      218.078  Assembly district 39 consists of [the following areas in] :

      1.  Douglas County . [:

      1.  Tahoe Township.

      2.  In East Fork Township, enumeration districts 25 to 37, inclusive, 38A, 38B, 39 to 44, inclusive, 47 and 66.]

      2.  In Carson City, in census voting district 0334:

      (a) Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 257, 258, 259, 260, 261, 262, 264, 272, 273, 275, 276, 277, 278, 279, 280, 281, 282, 299, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 314, 315, 316, 319, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 396, 397 and 399.

      (b) Located in census tract 0010, blocks 313, 317, 318, 320, 321, 322 and 323.

      3.  In Carson City, in census voting district 0337, blocks 365, 366, 393, 394 and 395.

      4.  In Carson City, in census voting district 0449, blocks 211, 212, 213, 214, 215, 216, 249, 250, 251, 252, 253, 254, 255, 256, 263, 265, 266, 267, 268, 269 and 274.

      Sec. 47.  NRS 218.0785 is hereby amended to read as follows:

      218.0785  Assembly district 40 consists of:

      1.  In Carson City , census [tracts 1, 2, 7 and 8.] voting districts 0101, 0102, 0103, 0105, 0106, 0109, 0112, 0113, 0220, 0223, 0226, 0227, 0228, 0330, 0331, 0335, 0339, 0441, 0442, 0443, 0444, 0445, 0447 and 0448.

      2.  In Carson City , in census [tract 3:

      (a) Block group 2,

      (b) Blocks 112 to 138, inclusive, 148, 149 and 197 to 199, inclusive.] voting district 0108, blocks 138 and 204.

      3.  In Carson City , in census [tract 6, blocks 401, 403 to 412, inclusive, 417, 503 to 512, inclusive, 601 to 635, inclusive, 702 to 704, inclusive, and 708 to 710, inclusive.] voting district 0115, blocks 508 and 509.

      4.  In Carson City, in census voting district 0117, blocks 165, 166, 167 and 168.

      5.  In Carson City, in census voting district 0221, blocks 310, 401, 402, 407, 408 and 409.

      6.  In Carson City, in census voting district 0224, blocks 109, 111, 112, 301, 302, 308, 309, 311 and 312.

      7.  In Carson City, in census voting district 0332, blocks 105, 106, 107, 108, 109, 203, 204, 205, 206, 301, 302, 303, 304, 305, 306 and 307.

      8.  In Carson City, in census voting district 0334:

      (a) Blocks 101 and 102.

      (b) Located in census tract 0007, blocks 313, 317, 318, 320, 321, 322 and 323.

      9.  In Carson City, in census voting district 0337, blocks 375, 376, 377, 378, 383, 384, 385, 386, 387, 388, 389, 390, 391 and 392.

      10.  In Carson City, in census voting district 0440, blocks 514, 515, 516, 517, 518, 519, 520 and 521.

      11.  In Carson City, in census voting district 0446:


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      (a) Blocks 101, 201, 202, 204, 205, 207, 230, 231, 233, 234, 235, 236, 237, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 627, 628 and 629.

      (b) Block 203 located in census tract 0007.

      12.  In Carson City, in census voting district 0449, blocks 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 270 and 271.

      13.  In Carson City, in census voting district 0480, blocks 146, 157, 158, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 and 280.

      Sec. 48.  NRS 218.079 is hereby amended to read as follows:

      218.079  Assembly district 41 consists of:

      1.  In Clark County , census [tract 24.02, blocks 202 and 203.] voting districts 1770, 1805, 1840, 1960, 2010, 2035, 2570, 2590, 2695, 2890, 2900, 2905 and 2925.

      2.  In Clark County , in census [tract 25, blocks 116, 123 and 125, inclusive.] voting district 1800, blocks 105, 206, 207 and 208.

      3.  In Clark County , in census [tract 26, blocks 102, 103, 107 to 113, inclusive, and 120 to 133, inclusive.] voting district 2885, blocks 229, 230, 231, 232 and 234.

      4.  In Clark County , in census [tract 27.01, blocks 101 to 103, inclusive, 105, 107 to 125, inclusive, 131 to 137, inclusive, 214 to 216, inclusive, 218, 232 to 238, inclusive, and 241 to 245, inclusive.

      5.  In Clark County census tract 27.02:

      (a) Block group 5.

      (b) Blocks 301 to 305, inclusive, 309 to 313, inclusive, 315 to 325, inclusive, and 330 to 337, inclusive.] voting district 2915, blocks 205, 217, 227 and 228.

      Sec. 49.  NRS 218.0795 is hereby amended to read as follows:

      218.0795  Assembly district [42] 5 consists of:

      1.  In Clark County , census [tract 16.01:

      (a) Block groups 1 to 8, inclusive.

      (b) Block 923.] voting districts 1095, 1785, 1905, 1965, 1980, 2000, 2060, 2090 and 3150.

      2.  In Clark County , in census [tract 16.02, blocks 129 to 142, inclusive.] voting district 1895, blocks 603 and 607.

      3.  In Clark County , in census [tract 17.01:

      (a) Block groups 1 and 7.

      (b) Blocks 804 to 809, inclusive, and 813 to 820, inclusive.] voting district 1975, blocks 517, 518, 519, 520, 521 and 541.

      4.  In Clark County , in census [tract 17.02:

      (a) Block groups 1, 2 and 5.

      (b) Blocks 401 and 411 to 418, inclusive.] voting district 2045, blocks 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815 and 816.

      5.  In Clark County , in census [tract 17.03, block groups 4 and 5.] voting district 3005, blocks 107, 108, 109, 110, 401, 402, 403, 404, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 and 428.


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411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 and 428.

      6.  In Clark County, in census voting district 3105, blocks 104, 105, 106, 113 and 114.

      7.  In Clark County, in census voting district 3120, blocks 509, 510, 511, 512, 513, 522, 523, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557 and 564.

      Sec. 50.  NRS 218.082 is hereby amended to read as follows:

      218.082  [1.  The secretary of state shall obtain maps accurately showing the blocks, block groups, enumeration districts and census tracts of the state.

      2.  Each county clerk whose county does not lie entirely in one assembly district shall obtain maps for his county accurately showing the blocks, block groups, enumeration districts or census tracts of his county.

      3.] Each county clerk and the Carson City clerk shall, before all elections and pursuant to NRS 293.205, establish the election precincts within the county and Carson City, respectively, in such manner that each election precinct for all elections at which any senator or assemblyman is to be elected, or nominated for election, is wholly within some one of the legislative districts. The establishment of an election precinct for any such election which lies partly in two or more legislative districts is void.

      Sec. 51.  NRS 218.084 is hereby amended to read as follows:

      218.084  1.  If any area of this state is omitted from the provisions of NRS 218.051 to 218.082, inclusive, inadvertently or by virtue of the complexities of the information supplied to the legislature, the county clerk , [or] the Carson City clerk [,] or the director of the legislative counsel bureau, upon discovery of the omission, shall notify the secretary of state of the omission. The secretary of state shall attach that area to the appropriate assembly district or senatorial district as follows:

      (a) If the area is surrounded by an assembly district or senatorial district, the area must be attached to that district.

      (b) If the area is contiguous to two or more assembly districts or senatorial districts, the area must be attached to the district that has the least population.

      2.  Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the director of the legislative counsel bureau and with the secretary of state. No change may be made in any attachments until the legislature is again reapportioned.

      Sec. 52.  NRS 218.054 is hereby repealed.

      Sec. 53.  1.  Each member of the senate who was elected on or before November 6, 1990, shall serve out the term of office for which he was elected.

      2.  The senators elected on November 6, 1990, shall represent the following designated senatorial districts:

      (a) The senator elected from the Capital senatorial district shall represent the Capital senatorial district as amended by this act until the expiration of his current term of office.

      (b) The senator elected from the Western Nevada senatorial district shall represent the Western Nevada senatorial district as amended by this act until the expiration of his current term of office.


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

ê1991 Statutes of Nevada, Page 1492 (Chapter 493, SB 647)ê

 

      (c) The senator elected from Clark County senatorial district 1 shall represent Clark County senatorial district 1 as amended by this act until the expiration of his current term of office.

      (d) The senator elected from Clark County senatorial district 2 shall represent Clark County senatorial district 2 as amended by this act until the expiration of his current term of office.

      (e) The senator elected from Clark County senatorial district 3 shall represent Clark County senatorial district 3 until the expiration of his current term of office.

      (f) The senator elected from Clark County senatorial district 5 shall represent Clark County senatorial district 5 until the expiration of his current term of office.

      (g) The senator elected from Clark County senatorial district 6 shall represent Clark County senatorial district 8 until the expiration of his current term of office.

      (h) The senator elected from Clark County senatorial district 7 shall represent Clark County senatorial district 7 until the expiration of his current term of office.

      (i) The senator elected from Washoe County senatorial district 1 shall represent Washoe County senatorial district 1 until the expiration of his current term of office.

      (j) The senator elected from Washoe County senatorial district 2 shall represent Washoe County senatorial district 2 until the expiration of his current term of office.

      (k) The senator elected from Washoe County senatorial district 3 shall represent Washoe County senatorial district 4 until the expiration of his current term of office.

      3.  Any vacancy must be filled for the unexpired term.

      Sec. 54.  At the general election in 1992, and every 4 years thereafter, one member of the senate must be elected for a term of 4 years to the open seat in Clark County senatorial district 8 created pursuant to subsection 10 of NRS 218.055.

      Sec. 55.  This act becomes effective on June 1, 1992, for the purpose of nominating candidates for and electing the members of the Nevada legislature at the primary and general elections in 1992. For all other purposes, this act becomes effective on November 4, 1992.

 

________


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

ê1991 Statutes of Nevada, Page 1493ê

 

CHAPTER 494, AB 818

Assembly Bill No. 818–Committee on Ways and Means

CHAPTER 494

AN ACT making appropriations from the state general fund and the state highway fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993; and providing other matters properly relating thereto.

 

[Approved June 30, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 49, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.

 

                                                                                                1991-92                1992-93

 

      Sec. 2.  The Office and Mansion of the Governor.

For the support of the office of the governor                     .............................. $1,265,594........ $1,265,667

For the support of the governor’s mansion                        ................................... 211,104............. 191,346

For the support of the office of the extradition coordinator ........................................ 741,926................................... 789,223

For the support of the office of high-level nuclear waste   ..................................... 35,000............... 35,000

For the support of the commission on substance abuse ..................................... 31,522............... 42,668

      Sec. 3.  The Office of Lieutenant Governor.

For the support of the office of lieutenant governor         ................................. $196,202........... $204,340

      Sec. 4.  The Office of Attorney General.

For the support of the office of attorney general               .............................. $3,059,751........ $2,921,215

For the special litigation account of the attorney general ................................... 100,000............. 100,000

For the Support of the crime prevention program              ..................................... 78,390............... 71,510

      Sec. 5.  The Office of Secretary of State.

For the support of the office of secretary of state             .............................. $1,739,435........ $1,874,531

For the support of the securities division                           ................................ 1,089,666.......... 1,090,907

      Sec. 6.  The Office of State Treasurer.

For the support of the office of state treasurer                  ................................. $689,613........... $699,264


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

ê1991 Statutes of Nevada, Page 1494 (Chapter 494, AB 818)ê

 

      Sec. 7.  The Office of State Controller.

For the support of the office of the state controller          .............................. $1,929,504........ $1,933,913

      Sec. 8.  Department of Administration.

For the support of:

Budget division ................................ .. $1,071,736.................. $1,184,786

Merit award board ............................ ............... 2,950................... 2,950

Clear Creek youth center ............................. 140,199............. 140,393

      Sec. 9.  Department of General Services.

For the support of:

Buildings and grounds division ................. $20,000................................... $20,000

      Sec. 10.  State Public Works Board.

For the support of the state public works board                .............................. $1,224,565........ $1,238,770

      Sec. 11.  Department of Taxation.

For the support of:

Department of taxation ........................... $6,456,150........ $6,666,911

Senior Citizens’ Property Tax Assistance               ................................ 2,122,869........ 2,195,365

      Sec. 12.  Nevada Commissioner for Veterans Affairs.

For the support of the Nevada commissioner for veterans affairs ................................................ $643,765................................. $620,773

      Sec. 13.  Nevada Equal Rights Commission.

For the support of the Nevada equal rights commission ................................. $598,055........... $598,074

      Sec. 14.  Indian Affairs Commission.

For the support of the Indian affairs commission              ................................. $139,859........... $141,761

      Sec. 15.  Employee-Management Relations Board.

For the support of the employee-management relations board ................................................. $109,080................................. $111,527

      Sec. 16.  Legislative Fund.

For the support of the legislative commission                   ................................. $501,967........... $372,409

For the support of the audit division of the legislative counsel bureau ............................... 1,667,498................................ 1,684,096

For the support of the administrative division of the legislative counsel bureau ............ 2,670,852................................ 2,710,259

For the support of the legal division of the legislative counsel bureau ............................... 1,736,279 2,244,644 For the support of the research division of the legislative counsel bureau .............. 1,069,412.................... 1,027,539

 


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

ê1991 Statutes of Nevada, Page 1495 (Chapter 494, AB 818)ê

 

For the support of the research division of the legislative counsel bureau ............................... 1,069,412................................ 1,027,539

For the support of the fiscal analysis division of the legislative counsel bureau ............... 958,115................................... 943,485

For the support of interim legislative operations               ................................... 174,068............. 158,312

      Sec. 17.  Supreme Court of Nevada.

For the support of the supreme court of Nevada               ................................. $918,499........ $1,098,948

For the support of the state board of pardons commissioners ..................................... 63,765..................................... 41,811

For the support of the law library .......................... 619,963................................... 758,698

For the support of the commission on judicial selection ....................................... 5,500................. 5,500

      Sec. 18.  Commission on Judicial Discipline.

For the support of the commission on judicial discipline   ................................... $32,797............. $33,045

      Sec. 19.  District Judges’ Travel.

For the support of district judges’ travel .......................... ................................... $17,000............. $17,000

      Sec. 20.  District Judges’ Salaries and Judicial Pensions.

For the support of the district judges’ salaries and pensions of justices, judges and widows    .............................. $4,242,965........ $4,276,865

      Sec. 21.  Public Defender.

For the support of the office of public defender                ................................. $471,107........... $525,237

      Sec. 22.  Commission on Economic Development.

For the support of the commission on economic development ................................. $2,576,070.............................. $2,578,777

Film division ................................................................ 97,513..................................... 99,423

Rural community development ................................ 49,882..................................... 52,336

Small business and federal procurement .............. 127,968................................... 133,501

      Sec. 23.  State Department of Education.

For the support of:

Education, administration ...................... $1,327,355........ $1,385,171

Vocational education ................................... 676,955................................... 676,955

Professional standards commission                         ................................... 350,201........... 366,369

School lunch program .................................. 324,500................................... 324,500

Adult basic education ................................. 195,000................................... 204,000

Care of handicapped children ..................... 945,854 1,093,081 Proficiency testing             ....................... 279,153..... 287,385

 


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

ê1991 Statutes of Nevada, Page 1496 (Chapter 494, AB 818)ê

 

Proficiency testing ....................................... 279,153................................... 287,385

Other state programs ..................................... 17,500..................................... 17,500

School improvements ............................... 1,000,000................................ 1,000,000

      Sec. 24.  Commission on Postsecondary Institutional Authorization.

For the support of the commission on postsecondary education ......................................... $167,943................................. $170,995

      Sec. 25.  University of Nevada System.

For the support of:

System administration ............................ $1,772,049.............................. $1,856,050

University press ........................................... 465,526................................... 475,270

Statewide programs–UNR ........................ 3,726,180................................ 3,801,826

Intercollegiate athletics–UNR ................. 1,136,388................................ 1,156,097

Statewide programs–UNLV ........................ 479,492................................... 488,292

Intercollegiate athletics–UNLV ............... 1,136,415................................ 1,156,152

Agricultural experiment station ............... 4,180,895................................ 4,288,919

Cooperative extension services .............. 3,706,980................................ 3,807,934

System computing center ......................... 6,578,290................................ 6,842,466

Desert research institute .......................... 2,085,661................................ 2,170,821

National direct student loan ......................... 30,000..................................... 30,000

University of Nevada, Reno .................. 50,013,762.............................. 53,248,188

School of medical sciences, UNR ......... 10,792,530.............................. 11,225,020

University of Nevada, Las Vegas ......... 55,885,985.............................. 60,811,403

Community college of southern Nevada                 .............................. 18,705,989...... 20,469,882

Western Nevada community college                       ................................ 7,090,744........ 7,742,055

Truckee Meadows community college                    .............................. 11,889,297...... 12,813,610

Northern Nevada community college                       ................................ 3,951,409........ 4,406,935

Business center, north .............................. 1,262,649................................ 1,342,027

Business center, south ............................. 1,012,122................................ 1,059,957

University system-special projects ........................ ................................... 419,672........... 419,672

University system salary ............................. 454,080................................... 936,020

      Sec. 26.  Western Interstate Commission for Higher Education.

For the administrative support of Nevada’s membership in the western interstate commission for higher education ............................. $212,882 $208,001 For the support of the western interstate commission for higher education loan fund              ....................... 400,000....... 400,000

 


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

ê1991 Statutes of Nevada, Page 1497 (Chapter 494, AB 818)ê

 

For the support of the western interstate commission for higher education loan fund                            ................................... 400,000............. 400,000

      Sec. 27.  Department of Museums and History.

For the support of the office of the director                       ................................. $207,855........... $207,412

For the support of the Nevada historical society              ................................... 460,466............. 487,199

For the support of the Nevada state museum, Carson City ...................................................... 798,757................................... 799,789

For the support of the Nevada museum, Las Vegas          ................................... 583,062............. 651,459

For the support of the Lost City museum                           ................................... 197,673............. 199,447

For the support of the Nevada railroad museum                ................................... 204,101............. 211,940

      Sec. 28.  Nevada Council on the Arts.

For the support of the Nevada council on the arts            ................................. $485,261........... $502,530

      Sec. 29.  State Library and Archives.

For the support of the state library and archives               .............................. $1,671,209........ $2,190,073

Nevada state library-literacy .................................... 73,261..................................... 79,760

For the support of the division of archives and records ................................... 406,217............. 383,112

      Sec. 30.  Department of Human Resources.

For the support of:

Office of the director of human resources               ................................. $421,550......... $426,934

Committee to hire the handicapped                          ................................... 168,515........... 169,237

Aging services division ........................... 1,291,928................................ 1,299,482

Senior services program ........................ 448,835............................ 448,445

Child and family services division

Children, youth and family ................ 2,501,626......................... 2,449,454

Child care services bureau .................... 258,195............................ 194,581

Northern Nevada children’s home                     ......................... 1,058,637........ 1,075,342

Southern Nevada children’s home                     ......................... 1,093,789........ 1,111,487

Nevada youth training center ........... 4,597,985......................... 4,688,021

Probation subsidies ............................... 971,727......................... 1,007,054

Caliente training center ...................... 3,361,727......................... 3,456,987

Youth community services ................ 8,400,264 9,496,319 Alternative placements .................................. 2,060,647............... 2,114,604

 


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

ê1991 Statutes of Nevada, Page 1498 (Chapter 494, AB 818)ê

 

Alternative placements ...................... 2,060,647......................... 2,114,604

Youth corrections services ................ 1,142,369......................... 1,202,027

Health division

Office of state health officer ................. 650,066............................ 665,656

Vital statistics ......................................... 514,076............................ 515,622

Cancer control registry ............................ 83,263.............................. 87,108

Bureau of health facilities ..................... 285,143............................ 284,829

Maternal and child health services                    ......................... 3,489,888........ 3,621,478

Special children’s clinic ...................... 3,202,341......................... 3,160,454

Bureau of community health services                ............................ 407,292........... 395,512

Bureau of laboratory and research                     ......................... 1,018,056........ 1,029,018

Consumer protection ............................. 670,647............................ 626,632

Radiological health ................................ 208,625............................ 206,434

Sexually transmitted disease control                  ............................ 188,683........... 185,663

Communicable disease control ............ 366,316............................ 375,157

Emergency medical services ................. 448,004............................ 451,511

Immunization control ............................. 636,213............................ 682,690

Health aid to counties ........................ 1,213,919......................... 1,269,062

Mental hygiene and mental retardation division

Division administration ...................... 1,123,480......................... 1,131,538

Regional training ...................................... 86,167.............................. 88,401

Southern Nevada adult mental health services ................................................ 14,556,644....................... 14,900,524

Southern Nevada child and adolescent services ................................... 4,342,024......................... 4,413,884

Nevada mental health institute ....... 10,944,587....................... 10,990,856

Northern Nevada child and adolescent services ................................... 2,336,398......................... 2,453,647

Facility for the mental offender ......... 2,415,509......................... 2,434,968

Rural clinics .......................................... 3,151,356......................... 3,113,979

Southern Nevada mental retardation services ......................... 1,031,261........ 1,038,200

Northern Nevada mental retardation services ............................ 712,539........... 695,848

Community training center ................ 1,477,897......................... 1,619,659

Resident placement ............................. 1,497,701......................... 1,494,350

Chapter 1 – Special education .............. 185,731............................ 190,905

MHMR: Home care ................................ 266,760 280,800 Welfare division

 


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

ê1991 Statutes of Nevada, Page 1499 (Chapter 494, AB 818)ê

 

Welfare division

Welfare administration ....................... 8,597,812......................... 9,376,019

Assistance to aged and blind ........... 3,105,961......................... 3,340,963

Aid to dependent children ............... 20,004,896....................... 21,974,350

Food stamp program ........................... 3,023,392......................... 3,688,523

Nevada Medicaid .............................. 96,672,187..................... 114,442,650

Employment and training program                     ......................... 1,794,442........ 2,211,610

Rehabilitation division

Vocational rehabilitation .................... 1,281,428......................... 1,072,176

Financial assistance for physically disabled    ............................ 528,811........... 544,675

Community based services ................... 170,000............................ 170,000

Services to the blind .............................. 740,264............................ 772,449

Alcohol and drug abuse rehabilitation              ......................... 3,112,723........ 3,195,830

Traumatic head injury program ............ 304,328............................ 304,328

      Sec. 31.  Department of the Military.

For the support of the department of the military              .............................. $1,118,234........ $1,107,548

For the support of National Guard benefits                        ..................................... 65,000............... 65,000

For the support of the division of emergency management........................................ 295,463................................... 292,926

      Sec. 32.  Department of Prisons.

For the support of the office of director .......... $5,940,611.............................. $5,802,248

For the support of medical care ........................ 16,454,221.............................. 17,203,936

For the support of the southern Nevada correctional center ............................................... 6,817,107................................ 6,872,439

For the support of the southern desert correctional center ............................................. 11,001,384.............................. 11,432,637

For the support of the Nevada state prison                        ................................ 9,318,989.......... 9,446,597

For the support of the northern Nevada correctional center ............................................... 9,558,727................................ 9,842,299

For the support of the Reno correctional facility               ................................ 1,476,001.......... 1,496,699

For the support of the Nevada women’s correctional center ............................................... 2,518,238................................ 2,477,526

For the support of the Ely maximum security prison         .............................. 13,721,296........ 13,949,283

For the support of the Lovelock correctional center         ................................ 2,627,036 251,899 For the support of the Stewart conservation camp ........... 748,032....................... 721,862

 


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

ê1991 Statutes of Nevada, Page 1500 (Chapter 494, AB 818)ê

 

For the support of the Stewart conservation camp           ................................... 748,032............. 721,862

For the support of the Ely conservation camp                   ................................... 798,343............. 749,542

For the support of the Humboldt conservation camp       ................................... 746,355............. 721,521

For the support of the Indian Springs conservation camp ........................................................... 1,056,392................................... 879,248

For the support of the Jean conservation camp                 ................................... 599,801............. 598,276

For the support of the Pioche conservation camp             ................................... 636,352............. 627,355

For the support of the Carlin conservation camp              ................................... 700,203............. 706,069

For the support of the Wells conservation camp              ................................... 767,093............. 732,325

For the support of the Silver Springs conservation camp ................................... 635,518............. 643,938

For the support of the Tonopah conservation camp        ................................... 702,970............. 721,671

For the support of the southern Nevada restitution center .................................................. 278,992................................... 254,623

For the support of the northern Nevada restitution center .............................................................. 232,457................................... 250,586

For the support of the Las Vegas minimum security facility ................................................. 634,969................................ 1,892,875

      Sec. 33.  Department of Parole and Probation.

For the support of the department of parole and probation ..................................... $15,623,841............................ $16,620,059

      Sec. 34.  Parole Board.

For the support of the parole board .................... $676,527................................. $657,909

      Sec. 35.  Department of Commerce.

For the support of:

Office of the director .................................. $243,931................................. $243,456

Board for financing water projects ................ 2,200....................................... 2,200

Financial institutions division ................. 1,041,703................................ 1,054,951

Consumer affairs division ........................... 445,057................................... 451,745

Mentally ill individuals program .................. 94,298..................................... 96,165

Real estate administration ........................ 1,157,227................................ 1,159,569

Fire marshal ................................................... 384,223................................... 383,908

Hazardous material training center ............ 100,000........................................... -0-

Unclaimed property program ...................... 182,871................................... 178,748

      Sec. 36.  Department of insurance ...................... $2,257,128.......................................... $2,217,124


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

ê1991 Statutes of Nevada, Page 1501 (Chapter 494, AB 818)ê

 

      Sec. 37.  Labor Commissioner.

For the support of the labor commissioner                         ................................. $812,292........... $882,699

      Sec. 38.  State Department of Conservation and Natural Resources.

For the support of:

Office of the director .................................. $311,588................................. $317,845

Division of state parks .............................. 3,631,397................................ 3,130,825

Division of forestry ................................... 1,853,747................................ 1,575,884

Forest fire suppression ................................ 450,000................................... 450,000

Forestry honor camps ............................... 5,262,235................................ 5,507,021

Air quality ...................................................... 658,909................................... 697,697

Water and mining ......................................... 412,376................................... 421,653

State environmental commission ................... 2,000....................................... 2,000

Division of water resources ..................... 2,857,119................................ 2,786,495

Division of water planning .......................... 309,320................................... 301,711

Division of state lands ................................. 453,507................................... 466,228

Division of conservation districts ............. 103,122................................... 103,639

Federal land laws ............................................ 10,208..................................... 10,230

Tahoe regional planning agency ............... 795,271................................... 707,168

Nevada Tahoe regional planning agency                ..................................... 10,000............. 10,000

Division of historic preservation and archeology ................................... 164,929........... 166,892

      Sec. 39.  Department of Wildlife.

For the support of the department of wildlife                     ................................. $946,115........... $882,751

      Sec. 40.  Comstock Historic District Commission.

For support of the Comstock historic district commission .............................................................. $82,333................................... $82,267

      Sec. 41.  State Department of Agriculture.

For the support of the plant industry fund                         .............................. $1,633,314........ $1,592,228

For the support of the veterinary medical services           ................................... 721,090............. 729,743

      Sec. 42.  Nevada Junior Livestock Show Board.

For the support of the Nevada junior livestock show board ................................................... $28,960................................... $30,283

      Sec. 43.  State Predatory Animal and Rodent Committee.


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

ê1991 Statutes of Nevada, Page 1502 (Chapter 494, AB 818)ê

 

For the support of the state predatory animal and rodent committee ......................................... $487,041................................. $493,658

      Sec. 44.  High School Rodeo Association.

For the support of the high school rodeo association      ................................... $17,000............. $17,000

      Sec. 45.  Mining Cooperative Fund.

For the support of the mining cooperative fund                ................................. $128,000........... $128,000

      Sec. 46.  Department of Motor Vehicles and Public Safety.

For the support of the registration division                        ................................... $16,900............. $16,900

For the support of the highway patrol (law enforcement) ................................... 277,113............. 561,944

For the support of the investigation division                     ................................ 4,167,801.......... 4,255,888

For support of peace officers’ standards and training      ................................... 186,847............. 170,923

      Sec. 47.  Nevada Athletic Commission.

For the support of the Nevada athletic commission          ................................. $211,698........... $211,734

      Sec. 48.  Ethics commission ..................................... $64,703............................................... $59,297

      Sec. 49.  State climatologist ...................................... $31,782............................................... $32,076

      Sec. 50.  The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.

 

                                                                                                1991-92                1992-93

 

Attorney General: Administrative fund .............. $571,254................................. $587,196

Budget division .......................................................... 45,417..................................... 46,640

Department of taxation ............................................ 467,476................................... 445,607

Department of motor vehicles and public safety.

Directors office ........................................ $1,801,653.............................. $1,773,570

Highway patrol ........................................ 13,769,728.............................. 15,173,471

Administrative services ............................ 5,800,144................................ 5,834,804

Automation division ................................. 3,094,747................................ 2,909,965

Driver’s license .......................................... 5,036,577................................ 5,000,889

Motor carrier division ............................... 1,992,861................................ 2,242,895

Registration division ................................. 7,392,954................................ 7,529,413

Commercial driver’s license ........................ 998,904................................... 862,933

Hazardous materials ..................................... 821,614................................... 946,537

Office of traffic safety .................................... 45,727..................................... 47,507

Public service commission of Nevada................ 2,259,619................................ 2,286,466


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ê1991 Statutes of Nevada, Page 1503 (Chapter 494, AB 818)ê

 

      Sec. 51.  The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1991, and ending June 30, 1992, and beginning July 1, 1992, and ending June 30, 1993.

 

                                                                                                1991-92                1992-93

 

For the support of the state predatory animal and rodent committee ........................................... $20,000................................... $20,000

      Sec. 52.  1.  Except as otherwise provided in subsection 3, the sums appropriated in this act must be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work programmed for the two separate fiscal years, 1991-92 and 1992-93, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 53.  The sums appropriated to:

      1.  Senior citizens’ property tax assistance;

      2.  Care of handicapped children;

      3.  Forest fire suppression;

      4.  National guard benefits;

      5.  Tuberculosis control;

      6.  Maternal and child health services;

      7.  Food stamp program;

      8.  Aid to dependent children;

      9.  Assistance to aged and blind;

      10.  Nevada Medicaid;

      11.  Employment and training program;

      12.  Youth community services;

      13.  Lovelock correctional center; and

      14.  Attorney general’s special litigation account,

are available for both fiscal years 1991-92 and 1992-93, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.

      Sec. 54.  The sums appropriated to the legislative fund by section 16 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1991-92 and 1992-93, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.


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

ê1991 Statutes of Nevada, Page 1504 (Chapter 494, AB 818)ê

 

the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.

      Sec. 55.  The total amounts appropriated in section 30 of this act to each of the accounts of the welfare division enumerated in section 53 of this act, except for the amounts appropriated for the assistance to the aged and blind programs and except as otherwise provided in this section, are limits. The division shall not request additional money for these programs, except for any costs relating to additional services mandated by the Federal Government on or after October 1, 1990, and not specifically funded in the Nevada Medicaid account in fiscal year 1991-92 or 1992-93.

      Sec. 56.  The sums appropriated to the welfare division by section 30 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.

      Sec. 57.  The sums appropriated to the department of prisons by section 32 of this act may be transferred among the various budget accounts of the department of prisons with the approval of the interim finance committee upon the recommendation of the governor.

      Sec. 58.  The sums appropriated to any division, agency or section of any department of state government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the interim finance committee upon the recommendation of the governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings, and such transfers are also limited only to those activities which are supported by general fund or highway fund appropriations.

      Sec. 59.  In addition to the requirements of NRS 353.225, for the fiscal years 1991-92 and 1992-93, the board of regents of the University of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.

      Sec. 60.  There is hereby appropriated $12,000 from the state general fund to the public employees’ retirement board to be expended for the administration of the legislators’ retirement system for the period July 1, 1991, through June 30, 1993.

      Sec. 61.  1.  Unencumbered balances of the appropriations made in this act for the fiscal years 1991-92 and 1992-93 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.

      2.  Any encumbered balance of the appropriations made to the legislative fund by section 16 of this act do not revert to the state general fund but constitute a balance carried forward.

      Sec. 62.  If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 32 of this act for the department of prisons such amount as may be required to pay the claims but not exceeding a total of $1,600,000.


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

ê1991 Statutes of Nevada, Page 1505 (Chapter 494, AB 818)ê

 

such amount as may be required to pay the claims but not exceeding a total of $1,600,000.

      Sec. 63.  The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.

      Sec. 64.  For accounting purposes, the state controller, shall, when reporting for each fiscal year, the financial position of the state general fund, designate up to $50,000,000, if available, of the unreserved fund balance as reserved for stabilizing the budget.

      Sec. 65.  The state controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the legislature, and the amounts so transferred shall be deemed appropriated.

      Sec. 66.  The state board of health shall increase vital statistics fees to a level sufficient to meet the revenues projected in the budget approved by the legislature.

      Sec. 67.  The sum of $2,500,000 appropriated to the department of prisons by section 32 of this act for the Lovelock Correctional Center in fiscal year 1991-92 must not be used by the department of prisons for any other activity except the operation of the Lovelock Correctional Center. If the facility is not available for use by the department of prisons during fiscal years 1991-92 or 1992-93, the appropriated amount of $2,500,000 must be reserved for reversion to the state general fund. The department of prisons shall not expend or obligate for expenditure funds for the operation of the Lovelock Correctional Center without obtaining the prior consent of the interim finance committee.

      Sec. 68.  There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $7,421,574 to restore the fund’s balance and increase the fund to $11,000,000. Of that balance, up to $3,000,000 is available for allocation to the welfare division for costs relating to additional services mandated by the Federal Government on or after October 1, 1990.

      Sec. 69.  There is hereby appropriated from the state general fund to the state gaming control board the sum of $542,900 to upgrade the board’s computer system. The sum appropriated in available for use in both fiscal years 1991-92 and 1992-93, must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 70.  The legislature finds and declares that the desirability of retaining the program of regimental discipline established pursuant to chapter 780, Statutes of Nevada 1989, should be evaluated. The legislature has therefore provided funding in section 32 of this act for the operation of the program for the fiscal year 1991-92 only. The director of the department of prisons shall provide a written evaluation of this program to the interim finance committee on or before December 31, 1991. If the interim finance committee determines, based upon the evaluation and all other relevant factors, that the program of regimental discipline should be continued, the state board of examiners and the interim finance committee shall consider an allocation from the contingency fund or any other available source to provide funding, to continue the operation of the program for fiscal year 1992-93. If the interim finance committee does not determine on or before January 20, 1992, that continued operation of the program of regimental discipline is necessary:

 


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

ê1991 Statutes of Nevada, Page 1506 (Chapter 494, AB 818)ê

 

interim finance committee does not determine on or before January 20, 1992, that continued operation of the program of regimental discipline is necessary:

      1.  The director of the department of prisons shall immediately notify the court administrator that funding for the program has been discontinued;

      2.  The court administrator shall immediately notify each district court that the funding has been discontinued; and

      3.  A district court shall not, after February 1, 1992, order a defendant to complete a program of regimental discipline pursuant to NRS 176.2248.

      Sec. 71.  There is hereby appropriated from the surcharges authorized pursuant to Article 5 of the Rocky Mountain Low Level Radioactive Waste Compact to the budget of the hazardous materials training center:

For the fiscal year 1991-92................................................................ $116,000

For the fiscal year 1992-93.................................................................. $58,000

      Sec. 72.  1.  This section and sections 68 and 69 of this act become effective on June 30, 1991.

      2.  The remaining sections of this act become effective on July 1, 1991.

 

________

 

 

CHAPTER 495, SB 650

Senate Bill No. 650–Committee on Finance

CHAPTER 495

AN ACT relating to employees in the unclassified service of the state; establishing maximum allowed salaries; and providing other matters properly relating thereto.

 

[Approved June 30, 1991]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:

                                                                                                         Approximate

       Title or Position                                                                         Annual

                                                                                                               Salary

      1.  Office of the governor:

           Executive assistant ........................................................          $60,715

           Executive assistant ........................................................            57,002

           Executive assistant ........................................................            51,214

           Employee relations officer ............................................            45,974

           Regulatory analyst ........................................................            54,810

           Executive assistant ........................................................            42,478

           Executive assistant ........................................................            40,076

           Executive assistant ........................................................            38,535

           Administrative assistant ...............................................            37,237

           Secretary to governor ...................................................            32,777

           Administrative secretary (each) ..................................            25,897


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ê1991 Statutes of Nevada, Page 1507 (Chapter 495, SB 650)ê

 

      2.  Office of the lieutenant governor:

           Assistant to the lieutenant governor (each) .............          $35,000

           Administrative secretary ..............................................            24,898

      3.  Office of the secretary of state:

           Chief deputy ...................................................................          $43,571

           Coordinator, corporate filing ........................................            36,036

           Chief, annual list division .............................................            28,391

           Deputy secretary of state, securities division ...........            54,818

           Deputy secretary of state, elections ...........................            38,220

      4.  Office of the state treasurer:

           Chief deputy state treasurer .........................................          $55,583

           Deputy state treasurer, operations .............................            44,990

           Deputy state treasurer, investments ...........................            52,416

      5.  Office of controller:

           Chief deputy controller .................................................          $60,278

           Assistant controller .......................................................            43,571

      6.  Office of the attorney general:

(a)       Attorney general’s office:

           Assistant attorney general ...........................................          $77,463

           Chief deputy attorney general – Las Vegas ..............            74,365

           Chief deputy attorney general (each) .........................            71,267

           Senior deputy attorney general (each) .......................            64,755

           Deputy attorney general (each) ...................................            57,439

           Chief investigator ..........................................................            43,500

           Investigator (each) ........................................................            38,657

           Administrative assistant ...............................................            36,253

           Supervisor, office services ...........................................            43,500

           Legal researcher (each) .................................................            26,317

           Capital case coordinator ...............................................            57,439

           Supervising fraud investigator ....................................            36,364

           Insurance investigator (each) ......................................            30,248

(b)      Office of advocate for customers of public utilities:

           Consumer’s advocate ...................................................          $69,000

           Staff counsel ...................................................................            67,000

           Economist .......................................................................            57,548

           Senior regulatory analyst .............................................            56,019

           Administrative assistant ...............................................            31,013

           Assistant staff counsel .................................................            51,500

           Regulatory analyst ........................................................            48,048

           Engineer ..........................................................................            54,054

(c)       Crime prevention:

           Crime prevention coordinator ......................................          $29,921

      7.  Department of administration:

           Director ............................................................................          $74,147

           Deputy budget administrator .......................................            60,278

           Senior appeals officer ....................................................            71,267

           Appeals officer, hearings (each) .................................            64,755

           Chief assistant budget administrator ..........................            50,996

           Chief assistant, planning ..............................................            50,996


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

ê1991 Statutes of Nevada, Page 1508 (Chapter 495, SB 650)ê

 

           Director, Clear Creek ......................................................            33,525

           Risk manager ..................................................................            64,755

      8.  Department of commerce:

           Director ............................................................................          $72,121

           Commissioner of financial institutions .......................            60,655

           Deputy commissioner, financial institutions (each) .            51,214

           Certified public accountant, financial institutions ....            44,444

           Administrator, housing division .................................            57,767

           State fire marshal ............................................................            54,818

           Administrator, manufactured housing division ........            45,974

           Administrator, real estate division ..............................            45,974

           Administrator, unclaimed property .............................            45,536

           Deputy administrator, real estate division (Las Vegas)                        38,002

           Commissioner of consumer affairs ..............................            46,100

           Deputy administrator, housing division ....................            45,974

           Chief assistant, housing division ................................            37,128

           Chief accountant, housing division ............................            45,974

           Deputy director, commerce ..........................................            45,974

      9.  State department of conservation and natural resources:

           Director ............................................................................          $83,000

           Administrator, division of environmental protection                            75,000

           State engineer (division of water resources) .............            75,000

           State forester firewarden ...............................................            65,000

           Administrator, division of state parks ........................            57,000

           Administrator, division of state lands ........................            52,000

           District supervisor, water commissioners, division of water resources      ...................................................................... 45,000

           Executive director, Heil Wild Horse Bequest ............            36,473

           Director of Tahoe land acquisition .............................            34,300

           Administrator, division of water planning .................            58,478

      10.  Department of data processing:

           Director ............................................................................          $67,191

           Chief, systems and programming ................................            58,640

           Chief, planning division ................................................            56,477

           Chief, facility management ...........................................            54,600

      11.  Department of education:

           Superintendent of public instruction ..........................          $76,592

           Deputy superintendent of public instruction ............            64,897

           Deputy superintendent for administration ................            61,807

      12.  State gaming control board:

           Chairman, gaming control board .................................          $85,613

           Member, gaming control board (each) .......................            79,607

           Chief, investigation .......................................................            59,514

           Chief, enforcement .........................................................            59,514

           Chief, audit ......................................................................            59,514

           Chief, corporate securities ............................................            59,514

           Chief, tax and license .....................................................            59,514

           Chief, administration .....................................................            59,514


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

ê1991 Statutes of Nevada, Page 1509 (Chapter 495, SB 650)ê

 

           Chief deputy, administration ........................................            54,354

           Executive secretary, gaming commission ...................            54,054

           Manager, electronics lab ..............................................            56,347

           Chief electronics ............................................................            59,514

           Electronics engineer (each) ..........................................            56,347

           Industrial production engineer ....................................            48,846

           Digital circuits engineer ................................................            48,846

           Coordinator, applicant services ...................................            52,525

           Chief deputy, enforcement (each) ...............................            54,054

           Chief deputy, audit (each) ............................................            54,054

           Chief deputy, investigations (each) ............................            54,054

           Senior programmer analyst (each) ...............................            45,823

           Hearings officer ..............................................................            48,880

           Administrative coordinator ..........................................            48,048

           Business manager ..........................................................            51,870

           Systems programmer (each) .........................................            48,730

           Supervisor, investigations (each) ...............................            48,048

           Supervisor, enforcement (each) ...................................            48,048

           Supervisor, corporate securities (each) ......................            48,048

           Supervisor, audit (each) ................................................            48,048

           Supervisor, tax and license ...........................................            48,048

           Supervisor .......................................................................            48,048

           Management analyst, (each) ........................................            46,410

           District office manager ..................................................            48,880

           Manager, systems and programming .........................            48,048

           Senior agent, corporate securities (each) ...................            43,352

           Senior agent, investigation (each) ..............................            43,352

           Training officer ...............................................................            48,880

           Senior agent, audit (each) .............................................            43,352

           Senior agent, tax and license (each) ............................            43,352

           Electronics specialist (each) .........................................            41,824

           Senior agent, enforcement (each) ................................            43,352

           Intelligence analyst .......................................................            43,352

           Agent II, corporate securities (each) ..........................            38,657

           Agent II, audit (each) ....................................................            38,657

           Agent II, investigations (each) ....................................            38,657

           Agent II, enforcement (each) .......................................            38,657

           Agent II, research (each) ..............................................            38,657

           Agent II, tax and license (each) ...................................            38,657

           Technical services manager .........................................            56,680

           Electronics technician, (each) ......................................            37,128

           Legal researcher, gaming ..............................................            31,013

           Senior research analyst .................................................            44,881

           Research coordinator ....................................................            38,657

           Programmer analyst (each) ...........................................            42,591

           Agent II, (each) ..............................................................            38,657

      13.  Department of general services:

           Director ............................................................................          $66,503

           Administrator, motor pool ............................................            47,502


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

ê1991 Statutes of Nevada, Page 1510 (Chapter 495, SB 650)ê

 

      14.  Department of personnel:

           Director ............................................................................          $62,146

           Equal employment opportunity officer .......................            46,758

      15.  Department of human resources:

           Director.............................................................................          $81,294

           Deputy director ..............................................................            60,278

           Administrator, health division .....................................            63,210

           Medical program coordinator, Nevada mental health institute            116,517

           Medical program coordinator, southern Nevada mental health services .......................................................................          116,517

           Administrator, mental hygiene and mental retardation division          75,348

           State welfare administrator ...........................................            67,595

           Deputy administrator, mental hygiene and mental retardation division (each) ...........................................................            65,739

           Administrator, rehabilitation division .........................            62,000

           Chief, alcohol and drug abuse .....................................            53,399

           Chief, services to the blind ...........................................            53,399

           Chief, vocational rehabilitation ....................................            53,399

           Administrator, child and family services division ....            61,652

           Deputy administrator, child and family services division                     56,347

           Deputy administrator, child and family services division                     58,106

           Administrator, aging services division ......................            53,508

           Deputy administrator, aging services (Las Vegas) ...            48,484

           Deputy administrator, aging services (Carson City)            48,484

           Chief, elder rights ...........................................................            46,628

           Superintendent, youth training center .......................            55,146

           Superintendent, Caliente training ................................            55,146

      16.  Department of industrial relations:

           Director ............................................................................          $61,370

           Assistant director ..........................................................            58,422

           Attorney ..........................................................................            54,382

           Administrator, division of industrial insurance regulation                   56,566

           Administrator, division of industrial safety and health enforcement      53,180

           Administrator, division of preventative safety .........            53,180

           Administrator, division of mine inspection ...............            50,000

      17.  Officer of the labor commissioner:

           Labor commissioner ......................................................          $47,284

           Deputy .............................................................................            31,122

           Chief assistant ................................................................            26,535

      18.  Department of the military:

           Adjutant general ............................................................          $68,796

           Director, division of emergency management ...........            45,974


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

ê1991 Statutes of Nevada, Page 1511 (Chapter 495, SB 650)ê

 

      19.  Department of minerals:

           Director ............................................................................          $65,000

           Deputy director ..............................................................            52,000

           Chief, Las Vegas office .................................................            37,500

           Program assistant ..........................................................            25,480

           Administrator for dangerous mines ............................            42,581

           Administrator for regulation ........................................            42,581

           Field specialist ................................................................            38,220

      20.  Department of museums and history:

           Director ............................................................................          $58,000

           Assistant director ..........................................................            42,000

           Director, Nevada state museum ...