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ê1993 Statutes of Nevada, Page 961 (Chapter 337, AB 387)ê

 

smallest number of shares, or portion of a share, as the case may be, shall be deemed the highest bidder.

      Sec. 30.  NRS 78.310 is hereby amended to read as follows:

      78.310  Meetings of stockholders and directors of any corporation organized under the provisions of this chapter may be held within or without this state, in the manner provided by the bylaws of the corporation. The [certificate or] articles of incorporation may designate any place or places where such stockholders’ or directors’ meetings may be held, but in the absence of any provision therefor in the articles of incorporation, then [such meetings shall] the meetings must be held within or without this state, as directed from time to time by the bylaws of the corporation.

      Sec. 31.  NRS 78.315 is hereby amended to read as follows:

      78.315  1.  Unless the articles of incorporation [, or an amendment thereof,] or the bylaws [,] provide for a [lesser] different proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the [directors] voting power of the directors, present at a meeting at which a quorum is present , is the act of the board of directors . [or trustees.]

      2.  Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee. The written consent must be filed with the minutes of proceedings of the board or committee.

      3.  Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 31.5.  NRS 78.320 is hereby amended to read as follows:

      78.320  1.  Unless the articles of incorporation or the bylaws provide for different proportions:

      (a) Stockholders holding at least a majority of the voting power are necessary to constitute a quorum for the transaction of business; and

      (b) [An act] The vote of stockholders who hold at least a majority of the voting power [and are] present at a meeting at which a quorum is present is the act of the stockholders.

      2.  Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.

      3.  In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given. The written consent must be filed with the minutes of the proceedings of the stockholders.


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ê1993 Statutes of Nevada, Page 962 (Chapter 337, AB 387)ê

 

      4.  Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 32.  NRS 78.330 is hereby amended to read as follows:

      78.330  1.  Unless elected pursuant to NRS 78.320, [the] directors of every corporation must be [chosen] elected at the annual meeting of the stockholders [, to be held on a date and at a time, or in the manner, provided for by the bylaws,] by a plurality of the votes cast at the election. Unless otherwise provided in the bylaws, the board of directors have the authority to set the date, time and place for the annual meeting of the stockholders. If for any reason [the] directors are not elected pursuant to NRS 78.320 or at the annual meeting of the stockholders, they may be elected at any special meeting of the stockholders which is called and held for that purpose.

      2.  The articles of incorporation or the bylaws may provide for the classification of directors as to the duration of their respective terms of office or as to their election by one or more authorized classes or series of shares, [provided that] but at least one-fourth in number of the directors of every corporation must be elected annually.

      3.  The articles of incorporation may provide that the voting power of individual directors or classes of directors may be greater than or less than that of any other individual directors or classes of directors, and the different voting powers may be stated in the articles of incorporation or may be dependent upon any fact or event that may be ascertained outside the articles of incorporation if the manner in which the fact or event may operate on those voting powers is stated in the articles of incorporation. If the articles of incorporation provide that any directors may have voting power greater than or less than other directors, every reference in this chapter to a majority or other proportion of directors shall be deemed to refer to a majority or other proportion of the voting power of all of the directors or classes of directors, as may be required by the articles of incorporation.

      Sec. 33.  NRS 78.335 is hereby amended to read as follows:

      78.335  1.  Any director may be removed from office by the vote of stockholders representing not less than two-thirds of the voting power of the issued and outstanding stock entitled to voting power, except that:

      (a) In the case of corporations which have provided in their articles of incorporation for the election of directors by cumulative voting, no director may be removed from office under the provisions of this section except upon the vote of stockholders owning sufficient shares to have prevented his election to office in the first instance; and

      (b) The articles of incorporation may require the concurrence of a larger percentage of the stock entitled to voting power in order to remove a director.

      2.  Whenever the holders of any class or series of shares are entitled to elect one or more directors, unless otherwise provided in the articles of incorporation, removal of any such director requires only the proportion of votes, specified in subsection 1, of the holders of that class or series, and not the votes of the outstanding shares as a whole.


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ê1993 Statutes of Nevada, Page 963 (Chapter 337, AB 387)ê

 

      3.  All vacancies, including those caused by an increase in the number of directors, may be filled by a majority of the remaining directors, though less than a quorum, unless it is otherwise provided in the articles of incorporation.

      [3.]4.  Unless otherwise provided in the articles of incorporation, when one or more directors give notice of his or their resignation to the board, effective at a future date, the board may fill the vacancy or vacancies to take effect when the resignation or resignations become effective, each director so appointed to hold office during the remainder of the term of office of the resigning director or directors.

      Sec. 34.  NRS 78.350 is hereby amended to read as follows:

      78.350  1.  Unless otherwise provided in the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, every stockholder of record of a corporation is entitled at each meeting of stockholders thereof to one vote for each share of stock standing in his name on the [books] records of the corporation. If the articles of incorporation, or the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the articles of incorporation, provides for more or less than one vote per share for any class or series of shares [,] on any matter, every reference in this chapter to a majority or other proportion of stock shall be deemed to refer to [that] a majority or other proportion of the [votes of that stock.] voting power of all of the shares or those classes or series of shares, as may be required by the articles of incorporation, or in the resolution providing for the issuance of the stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the articles of incorporation, or the provisions of this chapter.

      2.  Unless contrary provisions are contained in the articles of incorporation, the directors may prescribe a period not exceeding 60 days before any meeting of the stockholders during which no transfer of stock on the books of the corporation may be made, or may fix a day not more than 60 days before the holding of any such meeting as the day as of which stockholders entitled to notice of and to vote at such meetings must be determined. Only stockholders of record on that day are entitled to notice or to vote at such meeting.

      3.  The provisions of this section do not restrict the directors from taking action to protect the interests of the corporation and its stockholders, including, but not limited to, adopting or executing plans, arrangements or instruments that deny rights, privileges, power or authority to a holder or holders of a specified number of shares or percentage of share ownership or voting power.

      Sec. 35.  NRS 78.360 is hereby amended to read as follows:

      78.360  1.  The articles of incorporation of any corporation [, or any amendment thereof,] may provide that at all elections of directors of the corporation each holder of stock possessing voting power is entitled to as many votes as equal the number of his shares of stock multiplied by the number of directors to be elected, and that he may cast all of his votes for a single director or may distribute them among the number to be voted for or any two or more of them, as he may see fit. [In order to] To exercise the right of cumulative voting, one or more of the stockholders requesting cumulative voting must give written notice [before the vote] to the president or secretary of the corporation that the stockholder desires that the voting for the election of directors be cumulative.


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ê1993 Statutes of Nevada, Page 964 (Chapter 337, AB 387)ê

 

voting must give written notice [before the vote] to the president or secretary of the corporation that the stockholder desires that the voting for the election of directors be cumulative.

      2.  The notice must be given not less than 48 hours before the time fixed for holding the meeting, if notice of the meeting has been given at least 10 days before the date of the meeting, and otherwise not less than 24 hours before the meeting. At the meeting, before the commencement of voting for the election of directors, an announcement of the giving of the notice must be made by the chairman or the secretary of the meeting or by or on behalf of the stockholder giving the notice. Notice to stockholders of the requirement of this subsection must be contained in the notice calling the meeting or in the proxy material accompanying the notice.

      Sec. 36.  NRS 78.365 is hereby amended to read as follows:

      78.365  1.  A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote the stock for a period not exceeding 15 years upon the terms and conditions therein stated. Any certificates of stock so transferred must be surrendered and canceled and new certificates for the stock issued to the trustee or trustees in which it must appear that they are issued pursuant to the agreement, and in the entry of ownership in the proper books of the corporation that fact must also be noted, and thereupon the trustee or trustees may vote the stock so transferred during the terms of the agreement. A duplicate of every such agreement must be filed in the [principal] registered office of the corporation and at all times during its terms be open to inspection by any stockholder or his attorney.

      2.  At any time within the 2 years next preceding the expiration of an agreement entered into pursuant to the provisions of subsection 1, or the expiration of an extension of that agreement, any beneficiary of the trust may, by written agreement with the trustee or trustees, extend the duration of the trust for a time not to exceed 15 years after the scheduled expiration date of the original agreement or the latest extension. An extension is not effective unless the trustee, before the expiration date of the original agreement or the latest extension, files a duplicate of the agreement providing for the extension in the registered office of the corporation. An agreement providing for an extension does not affect the rights or obligations of any person not a party to that agreement.

      3.  An agreement between two or more stockholders, if in writing and signed by them, may provide that in exercising any voting rights the stock held by them must be voted:

      (a) Pursuant to the provisions of the agreement;

      (b) As they may subsequently agree; or

      (c) In accordance with a procedure agreed upon.

      4.  An agreement entered into pursuant to the provisions of subsection 3 is not effective for a term of more than 15 years, but at any time within the 2 years next preceding the expiration of the agreement the parties thereto may extend its duration for as many additional periods, each not to exceed 15 years, as they wish.

      5.  An agreement entered into pursuant to the provisions of subsection 1 or 3 is not invalidated by the fact that by its terms its duration is more than 15 years, but its duration shall be deemed amended to conform with the provisions of this section.


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ê1993 Statutes of Nevada, Page 965 (Chapter 337, AB 387)ê

 

years, but its duration shall be deemed amended to conform with the provisions of this section.

      Sec. 37.  NRS 78.370 is hereby amended to read as follows:

      78.370  1.  Whenever under the provisions of this chapter stockholders are required or authorized to take any action at a meeting, the notice of the meeting must be in writing and signed by the president or a vice president, or the secretary, or an assistant secretary, or by such other natural person or persons as the bylaws may prescribe or permit or the directors may designate.

      2.  The notice must state the purpose or purposes for which the meeting is called and the time when, and the place, which may be within or without this state, where it is to be held.

      3.  A copy of the notice must be delivered personally or mailed postage prepaid to each stockholder of record entitled to vote at the meeting not less than 10 nor more than 60 days before the meeting. If mailed, it must be directed to the stockholder at his address as it appears upon the records of the corporation, and upon the mailing of any such notice the service thereof is complete, and the time of the notice begins to run from the date upon which the notice is deposited in the mail for transmission to the stockholder. Personal delivery of any such notice to any officer of a corporation or association, or to any member of a partnership, constitutes delivery of the notice to the corporation, association or partnership.

      4.  The articles of incorporation [, or an amendment thereof,] or the bylaws may require that the notice be also published in one or more newspapers.

      5.  Notice delivered or mailed to a stockholder in accordance with the provisions of this section and the provisions, if any, of the articles of incorporation [, or an amendment thereof,] or the bylaws [,] is sufficient, and in the event of the transfer of his stock after such delivery or mailing and before the holding of the meeting it is not necessary to deliver or mail notice of the meeting to the transferee.

      6.  Any stockholder may waive notice of any meeting by a writing signed by him, or his duly authorized attorney, either before or after the meeting.

      7.  Unless otherwise provided in the articles of incorporation or the bylaws, whenever notice is required to be given, under any provision of this chapter or the articles of incorporation or bylaws of any corporation, to any stockholder to whom:

      (a) Notice of two consecutive annual meetings, and all notices of meetings or of the taking of action by written consent without a meeting to him during the period between those two consecutive annual meetings; or

      (b) All, and at least two, payments sent by first-class mail of dividends or interest on securities during a 12-month period,

have been mailed addressed to him at his address as shown on the records of the corporation and have been returned undeliverable, the giving of further notices to him is not required. Any action or meeting taken or held without notice to such a stockholder has the same effect as if the notice had been given. If any such stockholder delivers to the corporation a written notice setting forth his current address, the requirement that notice be given to him is reinstated. If the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this chapter, the certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.


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ê1993 Statutes of Nevada, Page 966 (Chapter 337, AB 387)ê

 

certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.

      Sec. 38.  NRS 78.3789 is hereby amended to read as follows:

      78.3789  An acquiring person who has made or offered to make an acquisition of a controlling interest in an issuing corporation may deliver an offeror’s statement to the [principal] registered office of the corporation. The acquiring person may request in the statement that the directors of the corporation call a special meeting of the stockholders of the corporation, as provided in NRS 78.379. The statement must set forth:

      1.  A recital that the statement is given pursuant to this section;

      2.  The name of the acquiring person and of every person associated with him in the acquisition;

      3.  The number of shares in any class of voting securities owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire;

      4.  The percentage of the voting securities of the corporation owned, as of the date of the statement, by the acquiring person and each person with whom he is associated, or which the acquiring person intends to acquire; and

      5.  If the acquiring person has not yet acquired the securities of the corporation, a detailed description of:

      (a) The terms and conditions of the proposed acquisition; and

      (b) The means by which any required consideration, and any indebtedness incurred to consummate the transaction, are to be paid.

      Sec. 39.  NRS 78.3793 is hereby amended to read as follows:

      78.3793  1.  Unless otherwise provided in the articles of incorporation or the bylaws of the issuing corporation in effect on the 10th day following the acquisition of a controlling interest by an acquiring person, if the control shares are accorded full voting rights pursuant to NRS 78.378 to 78.3793, inclusive, and the acquiring person has acquired control shares with a majority or more of all the voting power, any stockholder of record, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares is entitled to demand payment for the fair value of his shares.

      2.  The board of directors of the issuing corporation shall, within 20 days after the vote of the stockholders authorizing voting rights for the control shares, cause a notice to be sent to any stockholder, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, advising him of the fact and of his right to receive fair value for his shares as provided in subsection 3.

      3.  Within 20 days after the mailing of the notice described in subsection 2, any stockholder of the corporation, other than the acquiring person, who has not voted in favor of authorizing voting rights for the control shares, may deliver to the [principal] registered office of the corporation a written demand that the corporation purchase, for fair value, all or any portion of his shares. The corporation shall comply with the demand within 30 days after its delivery.

      Sec. 40.  NRS 78.380 is hereby amended to read as follows:

      78.380  1.  [The] At least two-thirds of the incorporators or of the board of directors of any corporation, before issuing any stock, may amend the original articles of incorporation thereof as may be desired by executing and acknowledging or proving in the manner required for [an] original [certificate] articles of incorporation, and filing with the secretary of state a certificate amending, modifying, changing or altering the original articles, in whole or in part.


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ê1993 Statutes of Nevada, Page 967 (Chapter 337, AB 387)ê

 

original articles of incorporation thereof as may be desired by executing and acknowledging or proving in the manner required for [an] original [certificate] articles of incorporation, and filing with the secretary of state a certificate amending, modifying, changing or altering the original articles, in whole or in part. The certificate [, in the opening paragraph thereof,] must:

      (a) Declare that the signers thereof are at least two-thirds of the [original] incorporators or of the board of directors of the corporation, [naming it, or at least two-thirds thereof.] and state the corporation’s name.

      (b) State the date upon which the original articles thereof were filed with the secretary of state.

      (c) Affirmatively declare that to the date of the certificate, no stock of the corporation has been issued.

      2.  The amendment is effective upon the filing of the certificate with the secretary of state.

      3.  This section does not permit the insertion of any matter not in conformity with this chapter.

      [4.  The secretary of state shall charge the fee allowed by law for filing the amended certificate of incorporation.]

      Sec. 41.  NRS 78.390 is hereby amended to read as follows:

      78.390  1.  Every amendment adopted pursuant to the provisions of NRS 78.385 must be made in the following manner:

      (a) The board of directors must adopt a resolution setting forth the amendment proposed and declaring its advisability, and call a meeting, either annual or special, of the stockholders entitled to vote for the consideration thereof.

      (b) At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that stockholders holding shares in the corporation entitling them to exercise at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 3 and 5, or as may be required by the provisions of the articles of incorporation, [or an amendment thereof,] have voted in favor of the amendment, the president, or vice president, and secretary, or assistant secretary, shall execute a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted, and the president, or vice president, and secretary, or assistant secretary, shall acknowledge the certificate before a person authorized by the laws of the place where the acknowledgement is taken to take acknowledgments of deeds.

      (c) The certificate so executed and acknowledged must be filed in the office of the secretary of state.

      2.  Upon filing the certificate the articles of incorporation are amended accordingly.

      3.  If any proposed amendment would alter or change any preference or any relative or other right given to any class or series of outstanding shares, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.


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ê1993 Statutes of Nevada, Page 968 (Chapter 337, AB 387)ê

 

of the voting power of each class or series affected by the amendment regardless of limitations or restrictions on the voting power thereof.

      4.  Provision may be made in the articles of incorporation [, or an amendment thereof,] requiring, in the case of any specified amendments, a larger proportion of the voting power of stockholders than that required by this section.

      5.  Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

      Sec. 42.  NRS 78.423 is hereby amended to read as follows:

      78.423  1.  “Interested stockholder,” when used in reference to any resident domestic corporation, means any person, other than the resident domestic corporation or any subsidiary of the resident domestic corporation, who is:

      (a) The beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the outstanding voting shares of the resident domestic corporation; or

      (b) An affiliate or associate of the resident domestic corporation and at any time within [5] 3 years immediately before the date in question was the beneficial owner, directly or indirectly, of 10 percent or more of the voting power of the then outstanding shares of the resident domestic corporation.

      2.  To determine whether a person is an interested stockholder, the number of voting shares of the resident domestic corporation considered to be outstanding includes shares considered to be beneficially owned by that person through the application of NRS 78.414, but does not include any other unissued shares of a class of voting shares of the resident domestic corporation which may be issuable under any agreement, arrangement or understanding, or upon exercise of rights to convert, warrants or options, or otherwise.

      Sec. 43.  NRS 78.436 is hereby amended to read as follows:

      78.436  NRS 78.411 to 78.444, inclusive, do not apply to any combination of a resident domestic corporation with an interested stockholder of the resident domestic corporation who became an interested stockholder inadvertently, if he:

      1.  As soon as practicable, divests himself of a sufficient amount of the voting power of the corporation so that he no longer is the beneficial owner, directly or indirectly, of 10 percent or more of the outstanding voting power of the resident domestic corporation; and

      2.  Would not at any time within [5] 3 years preceding the date of announcement with respect to the combination have been an interested stockholder but for the inadvertent acquisition.

      Sec. 43.5.  NRS 78.438 is hereby amended to read as follows:

      78.438  1.  Except as otherwise provided in NRS 78.433 to 78.437, inclusive, a resident domestic corporation may not engage in any combination with any interested stockholder of the resident domestic corporation for [5] 3 years after the interested stockholder’s date of acquiring shares unless the combination or the purchase of shares made by the interested stockholder on the interested stockholder’s date of acquiring shares is approved by the board of directors of the resident domestic corporation before that date.


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ê1993 Statutes of Nevada, Page 969 (Chapter 337, AB 387)ê

 

      2.  If a proposal in good faith regarding a combination is made in writing to the board of directors of the resident domestic corporation, the board of directors shall respond, in writing, within 30 days or such shorter period, if any, as may be required by the Securities Exchange Act, setting forth its reasons for its decision regarding the proposal.

      3.  If a proposal in good faith to purchase shares is made in writing to the board of directors of the resident domestic corporation, the board of directors, unless it responds affirmatively in writing within 30 days or such shorter period, if any, as may be required by the Securities Exchange Act, is considered to have disapproved the purchase.

      Sec. 44.  NRS 78.439 is hereby amended to read as follows:

      78.439  [Except as otherwise provided in NRS 78.433 to 78.438, inclusive, a] A resident domestic corporation may not engage [at any time] in any combination with an interested stockholder of the resident domestic corporation after the expiration of 3 years after his date of acquiring shares other than a combination meeting all of the requirements of the articles of incorporation of the resident domestic corporation and either the requirements specified in subsection 1 or 2 or all of the requirements specified in NRS 78.441 to 78.444, inclusive:

      1.  A combination approved by the board of directors of the resident domestic corporation before the interested stockholder’s date of acquiring shares, or as to which the purchase of shares made by the interested stockholder on that date had been approved by the board of directors of the resident domestic corporation before that date.

      2.  A combination approved by the affirmative vote of the holders of stock representing a majority of the outstanding voting power not beneficially owned by the interested stockholder proposing the combination, or any affiliate or associate of the interested stockholder proposing the combination, at a meeting called for that purpose no earlier than [5] 3 years after the interested stockholder’s date of acquiring shares.

      Sec. 44.3.  NRS 78.441 is hereby amended to read as follows:

      78.441  A combination engaged in with an interested stockholder of the resident domestic corporation more than 3 years after the interested stockholder’s date of acquiring shares may be permissible if the aggregate amount of the cash and the market value, as of the date of consummation, of consideration other than cash to be received per share by all of the holders of outstanding common shares of the resident domestic corporation not beneficially owned by the interested stockholder immediately before that date is at least equal to the higher of the following:

      1.  The highest price per share paid by the interested stockholder, at a time when he was the beneficial owner, directly or indirectly, of 5 percent or more of the outstanding voting shares of the resident domestic corporation, for any common shares of the same class or series acquired by him within [5] 3 years immediately before the date of announcement with respect to the combination or within [5] 3 years immediately before, or in, the transaction in which he became an interested stockholder, whichever is higher, plus, in either case, interest compounded annually from the earliest date on which the highest price per share was paid through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since the earliest date, but no more may be subtracted than the amount of the interest.


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ê1993 Statutes of Nevada, Page 970 (Chapter 337, AB 387)ê

 

the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since the earliest date, but no more may be subtracted than the amount of the interest.

      2.  The market value per common share on the date of announcement with respect to the combination or on the interested stockholder’s date of acquiring shares, whichever is higher, plus interest compounded annually from that date through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per common share since that date, but no more may be subtracted than the amount of the interest.

      Sec. 44.7.  NRS 78.442 is hereby amended to read as follows:

      78.442  A combination engaged in with an interested stockholder of the resident domestic corporations more than 3 years after the interested stockholder’s date of acquiring shares may be permissible if the aggregate amount of the cash and the market value, as of the date of consummation, of consideration other than cash to be received per share by all of the holders of outstanding shares of any class or series of shares, other than common shares, of the resident domestic corporation not beneficially owned by the interested stockholder immediately before that date is at least equal to the highest of the following, whether or not the interested stockholder has previously acquired any shares of the class or series of shares:

      1.  The highest price per share paid by the interested stockholder, at a time when he was the beneficial owner, directly or indirectly, of 5 percent or more of the outstanding voting shares of the resident domestic corporation, for any shares of that class or series of shares acquired by him within [5] 3 years immediately before the date of announcement with respect to the combination or within [5] 3 years immediately before, or in, the transaction in which he became an interested stockholder, whichever is higher, plus, in either case, interest compounded annually from the earliest date on which the highest price per share was paid through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per share of the class or series of shares since the earliest date, but no more may be subtracted than the amount of the interest.

      2.  The highest preferential amount per share to which the holders of shares of the class or series of shares are entitled in the event of any voluntary liquidation, dissolution or winding up of the resident domestic corporation, plus the aggregate amount of any dividends declared or due to which the holders are entitled before payment of the dividends on some other class or series of shares, unless the aggregate amount of the dividends is included in the preferential amount.

      3.  The market value per share of the class or series of shares on the date of announcement with respect to the combination or on the interested stockholder’s date of acquiring shares, whichever is higher, plus interest compounded annually from that date through the date of consummation at the rate for one-year obligations of the United States Treasury from time to time in effect, less the aggregate amount of any dividends paid in cash and the market value of any dividends paid other than in cash, per share of the class or series of shares since that date, but no more may be subtracted than the amount of the interest.


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ê1993 Statutes of Nevada, Page 971 (Chapter 337, AB 387)ê

 

value of any dividends paid other than in cash, per share of the class or series of shares since that date, but no more may be subtracted than the amount of the interest.

      Sec. 45.  NRS 78.444 is hereby amended to read as follows:

      78.444  A combination may be permissible if after the interested stockholder’s date of acquiring shares and before the date of consummation with respect to the combination, the interested stockholder has not become the beneficial owner of any additional voting shares of the resident domestic corporation except:

      1.  As part of the transaction that resulted in his becoming an interested stockholder;

      2.  By virtue of proportionate splitting of shares, dividends distributed in shares, or other distributions of shares in respect of shares not constituting a combination;

      3.  Through a combination meeting all of the conditions of NRS [78.438, this section;] 78.439; or

      4.  Through a purchase at any price that, if the price had been paid in an otherwise permissible combination whose date of announcement and date of consummation were the date of the purchase, would have satisfied the requirements of NRS 78.441, 78.442 and 78.443.

      Sec. 46.  NRS 78.461 is hereby amended to read as follows:

      78.461  1.  One or more foreign corporations may merge or enter into an exchange of shares with one or more domestic corporations if:

      (a) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;

      (b) In an exchange of shares, the corporation whose shares will be acquired is a domestic corporation, whether or not an exchange of shares is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;

      (c) The foreign corporation complies with NRS [78.452] 78.458 if it is the surviving corporation in the merger or acquiring corporation in the exchange [;] and sets forth in the articles of merger or exchange its address where copies of process may be sent by the secretary of state; and

      (d) Each domestic corporation complies with the applicable provisions of NRS 78.451 to 78.457, inclusive, and, if it is the surviving corporation in the merger or acquiring corporation in the exchange, with NRS 78.458.

      2.  When the merger or exchange takes effect, the surviving foreign corporation in a merger and the acquiring foreign corporation in an exchange shall be deemed:

      (a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting stockholders of each domestic corporation that was a party to the merger or exchange. Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of $25 for accepting and transmitting the process. The secretary of state shall forthwith send by registered or certified mail one of the copies to the surviving or acquiring corporation at its specified address, unless the surviving or acquiring corporation has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.


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a different address for that purpose, in which case it must be mailed to the last address so designated.

      (b) To agree that it will promptly pay to the dissenting stockholders of each domestic corporation that is a party to the merger or exchange the amount, if any, to which they are entitled under NRS 78.471 to 78.502, inclusive.

      3.  This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise.

      Sec. 46.5.  NRS 78.482 is hereby amended to read as follows:

      78.482  There is no right of dissent with respect to a plan of merger or exchange in favor of holders of shares of any class or series which, at the record date fixed to determine the stockholders entitled to receive notice of and to vote at the meeting at which the plan of merger or exchange is to be acted on, were either listed on a national securities exchange , designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc., or held by at least 2,000 stockholders of record, unless : [in either case:]

      1.  The articles of incorporation of the corporation issuing the shares provide otherwise; or

      2.  The holders of the class or series are required under the plan of merger or exchange to accept for such shares anything except:

      (a) Cash, shares or shares and cash in lieu of fractional shares of:

             (1) The surviving or acquiring corporation; or

             (2) Any other corporation which, at the effective date of the plan of merger or exchange, were either listed on a national securities exchange , designated as a national market system security on an interdealer quotation system by the National Association of Securities Dealers, Inc., or held of record by at least 2,000 stockholders of record; or

      (b) A combination of cash and shares of the kind described in subparagraphs (1) and (2) of paragraph (a).

      Sec. 47.  NRS 78.497 is hereby amended to read as follows:

      78.497  1.  Except as otherwise provided in NRS 78.498, within 30 days after receipt of a demand for payment, the corporation shall pay each dissenter who complied with NRS 78.494 the amount the corporation estimates to be the fair value of his shares, plus accrued interest. The obligation of the corporation under this subsection may be enforced by the district court;

      (a) Of the county where the corporation’s registered office is located; or

      (b) At the election of any dissenter residing or having its registered office in Nevada, of the county where the dissenter resides or has its registered office.

The court shall dispose of the complaint promptly.

      2.  The payment must be accompanied by:

      (a) The corporation’s balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, a statement of income for that year, a statement of changes in the stockholders’ equity for that year, and the latest available interim financial statements, if any;

      (b) A statement of the corporation’s estimate of the fair value of the shares;

      (c) An explanation of how the interest was calculated;


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ê1993 Statutes of Nevada, Page 973 (Chapter 337, AB 387)ê

 

      (d) A statement of the dissenter’s rights to demand payment under [section 40 of this act;] NRS 78.499; and

      (e) A copy of NRS 78.471 to 78.502, inclusive.

      Sec. 48.  NRS 78.565 is hereby amended to read as follows:

      78.565  Every corporation may, by action taken at any meeting of its board of directors, sell, lease or exchange all of its property and assets, including its good will and its corporate franchises, upon such terms and conditions as its board of directors may deem expedient and for the best interests of the corporation, when and as authorized by the affirmative vote of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power given at a stockholders’ meeting called for that purpose [in the manner provided in NRS 78.370, provided:

      1.  That the certificate or] but:

      1.  The articles of incorporation may require the vote of a larger proportion of the stockholders and the separate vote or consent of any class of stockholders; and

      2.  [That unless the certificate or] Unless the articles of incorporation [, or an amendment thereof,] provide otherwise, no vote of stockholders is necessary for a transfer of assets by way of mortgage, or in trust or in pledge to secure indebtedness of the corporation.

      Sec. 49.  NRS 78.575 is hereby amended to read as follows:

      78.575  Before the payment of any part of the capital and before beginning the business for which the corporation was created, the incorporators or the board of directors named in [any certificate] the articles of incorporation may dissolve [the] a corporation by filing in the office of the secretary of state a certificate, verified by the oath or affirmation of a majority of the incorporators or of the board of directors named in the [certificate or] articles of incorporation, that no part of the capital has been paid and the business has not been begun, and thereupon the corporation [shall be] is dissolved.

      Sec. 50.  NRS 78.580 is hereby amended to read as follows:

      78.580  1.  If the board of directors of any corporation organized under this chapter , after the issuance of stock or the beginning of business, decides that the corporation should be dissolved, the board may adopt a resolution to that effect . [and call a meeting of the stockholders having voting power to take action upon the resolution.

      2.  The meeting of the stockholders must be held upon due notice. If at the meeting or any adjournment thereof the holders of stock entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a copy of the resolution, together with] If the corporation has issued no stock, only the directors need to approve the dissolution. If the corporation has issued stock, the directors must recommend the dissolution to the stockholders. The corporation shall notify each stockholder entitled to vote on dissolution and the stockholders entitled to vote must approve the dissolution.

      2.  If the dissolution is approved by the directors or both the directors and stockholders, as respectively provided in subsection 1, the corporation shall file a certificate setting forth that the dissolution has been approved by the directors, or by the directors and the stockholders, and a list of the names and post office box or street addresses, either residence or business , of the corporation’s president, secretary and treasurer and all of its directors , [and officers,] certified by the president, or a vice president, and the secretary, or an assistant secretary, [must be filed] in the office of the secretary of state.


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ê1993 Statutes of Nevada, Page 974 (Chapter 337, AB 387)ê

 

officers,] certified by the president, or a vice president, and the secretary, or an assistant secretary, [must be filed] in the office of the secretary of state. The secretary of state, upon being satisfied that these requirements have been complied with and that the corporate charter has not been revoked, shall issue a certificate that the corporation is dissolved.

      Sec. 51.  NRS 78.590 is hereby amended to read as follows:

      78.590  1.  Upon the dissolution of any corporation under the provisions of NRS 78.580, or upon the expiration of the period of its corporate existence, limited by its [certificate or] articles of incorporation, the directors [shall be] become trustees thereof, with full power to settle the affairs, collect the outstanding debts, sell and convey the property, real and personal, and divide the [moneys] money and other property among the stockholders, after paying or adequately providing for the payment of its liabilities and obligations.

      2.  After paying or adequately providing for the liabilities and obligations of the corporation, the trustees, with the written consent of stockholders holding stock in the corporation entitling them to exercise at least a majority of the voting power, may sell the remaining assets or any part thereof to a corporation organized under the laws of this or any other state, and take in payment therefor the stock or bonds, or both, of [such] that corporation and distribute them among the stockholders [,] of the liquidated corporation, in proportion to their interest therein. No such sale [shall be] is valid as against any stockholder [,] who, within 30 days after the mailing of notice to him of [such sale shall apply] the sale, applies to the district court for an appraisal of the value of his interest in the assets so sold, and unless within 30 days after the appraisal [shall have been] is confirmed by the court the stockholders consenting to the sale, or some of them, [shall] pay to the objecting stockholder or deposit for his account, in the manner directed by the court, the amount of the appraisal. Upon the payment or deposit the interest of the objecting stockholder [shall vest] vests in the person or persons making the payment or deposit.

      Sec. 52.  NRS 78.630 is hereby amended to read as follows:

      78.630  1.  Whenever any corporation [shall become] becomes insolvent or [shall suspend] suspends its ordinary business for want of [funds] money to carry on the [same,] business, or if its business has been and is being conducted at a great loss and greatly prejudicial to the interest of its creditors or stockholders, any creditors holding 10 percent of the outstanding indebtedness, or stockholders owning 10 percent of the outstanding capital stock entitled to vote, may, by petition [or bill of complaint] setting forth the facts and circumstances of the case, apply to the district court of the county in which the [principal] registered office of the corporation is located for a writ of injunction and the appointment of a receiver or receivers or trustee or trustees.

      2.  The court, being satisfied by affidavit or otherwise of the sufficiency of the application and of the truth of the allegations contained in the petition [or bill,] and upon hearing after such notice as the court by order may direct, shall proceed in a summary way to hear the affidavits, proof and allegations which may be offered in behalf of the parties.


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ê1993 Statutes of Nevada, Page 975 (Chapter 337, AB 387)ê

 

      3.  If upon such inquiry it [shall appear] appears to the court that the corporation has become insolvent and is not about to resume its business in a short time thereafter, or that its business has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors or stockholders, so that its business cannot be conducted with safety to the public, it may issue an injunction to restrain the corporation and its officers and agents from exercising any of its privileges or franchises and from collecting or receiving any debts or paying out, selling, assigning or transferring any of its estate, [moneys, funds,] money, lands, tenements or effects, except to a receiver appointed by the court, until the court [shall otherwise order,] otherwise orders.

      Sec. 53.  NRS 78.730 is hereby amended to read as follows:

      78.730  1.  Any corporation which did exist or is existing under the laws of this state may, upon complying with the provisions of NRS 78.180, procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing [a] :

      (a) A certificate with the secretary of state, which must set forth:

      [(a)](1) The name of the corporation, which must be the name of the corporation at the time of the renewal or revival, or its name at the time its original charter expired.

      [(b)](2) The name of the [city, town or place within the county in which its principal office or place of business is located in the state.

      (c)] natural person or corporation designated as the resident agent of the filing corporation, his street address for the service of process, and his mailing address if different from his street address.

             (3) The date when the renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, before the date of the certificate.

      [(d)](4) Whether or not the renewal or revival is to be perpetual, and, if not perpetual, the time for which the renewal or revival is to continue.

      [(e)](5) That the corporation desiring to renew or revive its charter is, or has been, organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.

      (b) A list of its president, secretary and treasurer and all of its directors and their post office box or street addresses, either residence or business.

      2.  [Any corporation for which the] A corporation whose charter has not expired and is being renewed shall cause the certificate to be signed by its present or vice president and secretary [,] or assistant secretary, verified by [such] those officers before any person authorized by the laws of this state to administer oaths or affirmations . [, which] The certificate must be [authorized] approved by a majority [in interest of the stock, in writing, or by a resolution to that effect.

      3.  Any] of the voting power of the shares.

      3.  A corporation seeking to revive its original or amended charter shall cause the certificate to be signed by a person or persons designated or appointed by the stockholders of the corporation and verified by the [person or persons] signer or signers before any person authorized to administer oaths or affirmations.


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ê1993 Statutes of Nevada, Page 976 (Chapter 337, AB 387)ê

 

appointed by the stockholders of the corporation and verified by the [person or persons] signer or signers before any person authorized to administer oaths or affirmations. The execution and filing of the certificate must be [authorized] approved by the written consent of all the stockholders of the corporation and must contain a recital that unanimous consent was secured. The corporation shall pay to the secretary of state the fee required to establish a new corporation pursuant to the provisions of this chapter.

      4.  The filed certificate, or a copy thereof which has been certified under the hand and seal of the secretary of state, must be received in all courts and places as prima facie evidence of the facts therein stated and of the existence and incorporation of the corporation therein named.

      Sec. 54.  NRS 78.740 is hereby amended to read as follows:

      78.740  Any corporation [now] existing on or [hereafter] incorporated after April 1, 1925, desiring to renew [, extend or continue] or revive its corporate existence, [shall,] upon complying with the provisions of this chapter, [be, and continue] is and continues for the time stated in its certificate of renewal [,] to be a corporation, and [shall,] in addition to the rights, privileges and immunities conferred by its original charter, [possess and enjoy] possesses and enjoys all the benefits of this chapter [, which] that are applicable to the nature of its business, and [shall be] is subject to the restrictions and liabilities by this chapter imposed on such corporations.

      Sec. 55.  NRS 78.751 is hereby amended to read as follows:

      78.751  1.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit or proceeding if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation, and that, with respect to any criminal action or proceeding, he had reasonable cause to believe that his conduct was unlawful.

      2.  A corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation.


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ê1993 Statutes of Nevada, Page 977 (Chapter 337, AB 387)ê

 

settlement and attorneys’ fees actually and reasonably incurred by him in connection with the defense or settlement of the action or suit if he acted in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the corporation. Indemnification may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of all appeals therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

      3.  To the extent that a director, officer, employee or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, he must be indemnified by the corporation against expenses, including attorneys’ fees, actually and reasonably incurred by him in connection with the defense.

      4.  Any indemnification under subsections 1 and 2, unless ordered by a court or advanced pursuant to subsection 5, must be made by the corporation only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances. The determination must be made:

      (a) By the stockholders;

      (b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to the act, suit or proceeding;

      (c) If a majority vote of a quorum consisting of directors who were not parties to the act, suit or proceeding so orders, by independent legal counsel in a written opinion; or

      (d) If a quorum consisting of directors who were not parties to the act, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.

      5.  The [certificate or] articles of incorporation, the bylaws or an agreement made by the corporation may provide that the expenses of officers and directors incurred in defending a civil or criminal action, suit or proceeding must be paid by the corporation as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the director or officer to repay the amount if it is ultimately determined by a court of competent jurisdiction that he is not entitled to be indemnified by the corporation. The provisions of this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.

      6.  The indemnification and advancement of expenses authorized in or ordered by a court pursuant to this section:

      (a) Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the [certificate or] articles of incorporation or any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, for either an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to subsection 2 or for the advancement of expenses made pursuant to subsection 5, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.


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ê1993 Statutes of Nevada, Page 978 (Chapter 337, AB 387)ê

 

disinterested directors or otherwise, for either an action in his official capacity or an action in another capacity while holding his office, except that indemnification, unless ordered by a court pursuant to subsection 2 or for the advancement of expenses made pursuant to subsection 5, may not be made to or on behalf of any director or officer if a final adjudication establishes that his acts or omissions involved intentional misconduct, fraud or a knowing violation of the law and was material to the cause of action.

      (b) Continues for a person who has ceased to be a director, officer, employee or agent and inures to the benefit of the heirs, executors and administrators of such a person.

      Sec. 55.2.  NRS 78.760 is hereby amended to read as follows:

      78.760  1.  The fee for filing articles of incorporation is prescribed in the following schedule:

If the amount represented by the total number of shares provided for in the articles or agreement is:

 

$25,000 or less ....................................................................................     $125

Over $25,000 and not over $75,000 .................................................       175

Over $75,000 and not over $200,000 ...............................................       225

Over $200,000 and not over $500,000 .............................................       325

Over $500,000 and not over $1,000,000 ..........................................       425

Over $1,000,000:

       For the first $1,000,000 ...............................................................       425

       For each additional $500,000 or fraction thereof ....................       225

 

      2.  The maximum fee which may be charged under this section is $25,000 for:

      (a) The original filing of articles of incorporation.

      (b) A subsequent filing of any instrument which authorizes an increase in stock.

      3.  For the purposes of computing the filing fees according to the schedule in subsection 1, the amount represented by the total number of shares provided for in the articles of incorporation is:

      (a) The aggregate par value of the shares, if only shares with a par value are therein provided for;

      (b) The product of the number of shares multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which shares may be issued and disposed of, if only shares without par value are therein provided for; or

      (c) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by $1, regardless of any lesser amount prescribed as the value or consideration for which the shares without par value may be issued and disposed of, if shares with and without par value are therein provided for.

The [value of a corporate share must not be] secretary of state shall calculate filing fees pursuant to this section with respect to shares with a par value of less than one-tenth of a cent [.] as if the par value were one-tenth of a cent.


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ê1993 Statutes of Nevada, Page 979 (Chapter 337, AB 387)ê

 

      Sec. 55.4.  NRS 78.765 is hereby amended to read as follows:

      78.765  1.  The fee for filing a certificate changing the number of authorized shares pursuant to NRS 78.207 or a certificate of amendment to articles of incorporation [in order to increase] that increases the corporation’s authorized stock is the difference between the fee computed at the rates specified in NRS 78.760 upon the total authorized stock of the corporation, including the proposed increase, and the fee computed at the rates specified in NRS 78.760 upon the total authorized capital, excluding the proposed increase.

      [2.]  In no case may the amount be less than $75.

      2.  The fee for filing a certificate pursuant to NRS 78.195 is $75.

      Sec. 55.6.  NRS 78.767 is hereby amended to read as follows:

      78.767  1.  The fee for filing a certificate of restated articles of incorporation that does not increase the corporation’s authorized stock is $100.

      2.  The fee for filing a certificate of restated articles of incorporation that increases the corporation’s authorized stock is the difference between the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, including the proposed increase, and the fee computed pursuant to NRS 78.760 based upon the total authorized stock of the corporation, excluding the proposed increase. In no case may the amount be less than $100.

      Sec. 55.8.  NRS 78.780 is hereby amended to read as follows:

      78.780  1.  The fee for filing a certificate of extension [in renewal] of corporate existence of any corporation is an amount equal to one-fourth of the fee computed at the rates specified in NRS 78.760 for filing [the original certificate] articles of incorporation.

      2.  The fee for filing a certificate of dissolution whether it occurs before or after payment of capital and beginning of business is $30.

      Sec. 56.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing a certificate of change of location of a corporation’s registered office or resident agent, or a new designation of resident agent, is $15.

      2.  [The fee for filing a designation of resident agent is $25.

      3.]  The fee for certifying articles of incorporation where a copy is provided is $10.

      [4.]3.  The fee for certifying a copy of an amendment to articles of incorporation, or to a copy of the articles as amended, where a copy is furnished, is $10.

      [5.]4.  The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $10.

      [6.]5.  The fee for certifying the reservation of a corporate name is $20.

      [7.]6.  The fee for executing a certificate of corporate existence which does not list the previous documents relating to the corporation, or a certificate of change in a corporate name, is $15.

      [8.]7.  The fee for executing, certifying or filing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $20.

      [9.]8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.


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ê1993 Statutes of Nevada, Page 980 (Chapter 337, AB 387)ê

 

required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.

      [10.]9.  The fee for copies made at the office of the secretary of state is $1 per page.

      [11.]10.  The fee for copying and providing the copy of the list of the corporate officers is the fee for copying the necessary pages.

      [12.  The fee for filing a certificate of the change of address of a resident agent is $15, plus $1 for each corporation which he represents.

      13.]11.  The fee for filing articles of incorporation, articles of merger, or certificates of amendment increasing the basic surplus of a mutual or reciprocal insurer must be computed pursuant to NRS 78.760, 78.765 and 78.770, on the basis of the amount of basic surplus of the insurer.

      [14.]12.  The fee for examining and provisionally approving any document at any time before the document is presented for filing is $100.

      Sec. 57.  NRS 78A.020 is hereby amended to read as follows:

      78A.020  1.  A close corporation must be formed in accordance with NRS 78.030 to 78.055, inclusive, subject to the following requirements:

      (a) All of the issued stock of the corporation of all classes, exclusive of treasury shares, must be represented by certificates and must be held of record by a specified number of persons, not to exceed 30.

      (b) All of the issued stock of all classes must be subject to one or more of the restrictions on transfer pursuant to NRS 78A.050.

      (c) The corporation shall not offer any of its stock of any class that would constitute a public offering within the meaning of the Securities Act of 1933, 15 U.S.C. §§ 77 et seq.

      2.  The [certificate or] articles of incorporation of a close corporation must:

      (a) Set forth the matters required by NRS 78.035 [.

      (b) Set forth the qualifications of stockholders by specifying the classes of persons who are entitled to be holders of record of stock of any class, the classes of persons who are not entitled to be holders of record of stock of any class, or both.

      (c)] except that the articles must state that there will be no board of directors if so agreed pursuant to NRS 78A.070.

      (b) Contain a heading stating the name of the corporation and that it is a close corporation.

      3.  The articles of incorporation of a close corporation may set forth the qualifications of stockholders by specifying the classes of persons who are entitled to be holders of record of stock of any class, the classes of persons who are not entitled to be holders of record of stock of any class, or both.

      4.  To determine the number of holders of record of the stock of a close corporation, stock that is held in joint or common tenancy or by community property must be treated as held by one stockholder.

      Sec. 58.  NRS 80.010 is hereby amended to read as follows:

      80.010  1.  Before commencing or doing any business in this state, every corporation organized pursuant to the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, that enters this state to do business must:

      (a) File in the office of the secretary of state of Nevada:


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ê1993 Statutes of Nevada, Page 981 (Chapter 337, AB 387)ê

 

             (1) A certificate of corporate existence issued not more than 90 days before the date of filing by an authorized officer of the jurisdiction of its incorporation setting forth the filing of documents and instruments related to the articles of incorporation, or the governmental acts or other instrument or authority by which the corporation was created. If the certificate is in a language other than English, a translation, together with the oath of the translator and his attestation of its accuracy, must be attached to the certificate.

             (2) A certificate of acceptance of appointment executed by its resident agent, who must be a natural person residing in this state, or another corporation [with its] which has a registered office located in this state. The certification must set forth the name [and complete address] of the resident agent [.] , his street address for the service of process, and his mailing address if different from his street address. The street address of the resident agent is the registered office of the corporation in this state.

             (3) A statement executed by an officer of the corporation, acknowledged before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds, setting forth [a] :

             (I) A general description of the purposes of the corporation [.] ; and

             (II) The authorized stock of the corporation and the number and par value of shares having par value and the number of shares having no par value.

      (b) Lodge in the office of the secretary of state a copy of the document most recently filed by the corporation in the jurisdiction of its incorporation setting forth the authorized stock of the corporation, the number of par value shares and their par value, and the number of no-par-value shares.

      2.  The secretary of state shall not file the documents required by subsection 1 for any foreign corporation whose name is the same as, or deceptively similar to [:

      (a) The name of any corporation formed or incorporated in] the name of a corporation, limited partnership or limited-liability company existing under the laws of this state [;

      (b) The name of any other] or a foreign corporation , foreign limited partnership or foreign limited-liability company authorized to transact business [within] in this state [;

      (c) A name reserved for the use of any proposed corporation;

      (d) The name of any limited partnership formed in this state;

      (e) The name of any foreign limited partnership authorized to transact business in this state; or

      (f) A name reserved for the use of any proposed limited partnership,

unless the written acknowledged consent of that other corporation, limited partnership using the name, or of the person for whom the name is reserved, to the adoption of the name is filed with the documents.] or a name to which the exclusive right is at the time reserved in the manner provided under the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

      3.  The secretary of state shall not accept for filing the documents required by subsection 1 or NRS 80.110 for any foreign corporation if the name of the corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

 


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corporation contains the words “engineer,” “engineered,” “engineering,” “professional engineer” or “licensed engineer” unless the state board of professional engineers and land surveyors certifies that:

      (a) The principals of the corporation are registered to practice engineering or are registered to practice engineering and architecture, except landscape architecture, pursuant to the laws of this state; or

      (b) The corporation is exempt from the prohibitions of NRS 625.520.

      Sec. 59.  NRS 80.012 is hereby amended to read as follows:

      80.012  1.  The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available under NRS 78.039 or 80.010, for the use of any foreign corporation. During the period, a name so reserved is not available for use by any corporation , [or] limited partnership or limited-liability company without the written acknowledged consent of the person at whose request the reservation was made.

      2.  The use by any corporation , [or] limited partnership or limited-liability company of a name in violation of NRS [78.039] 80.010 or subsection 1 of this section may be enjoined . [, notwithstanding the fact that the articles of incorporation or certificate of limited partnership may have been filed by the secretary of state.]

      Sec. 60.  NRS 80.015 is hereby amended to read as follows:

      80.015  1.  For the purposes of this chapter, the following activities do not constitute doing business in this state:

      (a) Maintaining, defending or settling any proceeding;

      (b) Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affairs;

      (c) Maintaining bank accounts;

      (d) Maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities or maintaining trustees or depositaries with respect to those securities;

      (e) Making sales through independent contractors;

      (f) Soliciting or receiving orders outside of this state through or in response to letters, circulars, catalogs or other forms of advertising, accepting those orders outside of this state and filling them by shipping goods into this state;

      (g) Creating or acquiring indebtedness, mortgages and security interests in real or personal property;

      (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

      (i) Owning, without more, real or personal property;

      (j) Isolated transactions completed within 30 days and not a part of a series of similar transactions;

      (k) The production of motion pictures as defined in NRS 231.020; and

      (l) Transacting business in interstate commerce.

      2.  The list of activities in subsection 1 is not exhaustive.

      3.  A person who is not doing business in this state within the meaning of this section need not qualify or comply with any provision of NRS 80.010 to [80.230,] 80.220, inclusive, chapter 645B of NRS or Titles 55 and 56 of NRS unless he:

      (a) Maintains an office in this state for the transaction of business; or


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      (b) Solicits or accepts deposits in the state, except pursuant to NRS 666.225 to 666.375, inclusive.

      Sec. 61.  NRS 80.070 is hereby amended to read as follows:

      80.070  1.  A foreign corporation may change its resident agent by filing with the secretary of state:

      (a) A certificate revoking the appointment of the agent and designating a new resident agent, setting forth the name [and complete address] of that agent [;] , his street address for the service of process, and his mailing address if different from his street address; and

      (b) A certificate of acceptance executed by the new agent.

      2.  [Any] A person who has been designated by a foreign corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement must be acknowledged.

      3.  Upon the filing of the statement [provided for in subsection 2] of resignation with the secretary of state, the capacity of the resigning person as resident agent terminates . [, and the secretary of state shall forthwith] If the statement of resignation is not accompanied by an acknowledged statement of the corporation appointing a successor resident agent, the resigning resident agent shall give written notice, by mail, to the corporation, of the filing of the statement and [the effect thereof.] its effect. The notice must be addressed to any officer of the corporation other than the resident agent.

      4.  If a [designated] resident agent dies, resigns or moves from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new resident agent. The certificate must set forth the name [and complete address] of the new resident agent [.] , his street address for the service of process, and his mailing address if different from his street address.

      5.  A corporation that fails to file a certificate of acceptance executed by a new resident agent within 30 days of the death, resignation or removal of its resident agent shall be deemed in default and is subject to the provisions of NRS 80.150 and 80.160.

      Sec. 62.  NRS 80.110 is hereby amended to read as follows:

      80.110  1.  Each foreign corporation doing business in this state shall, within 60 days after the filing of its certificate of corporate existence with the secretary of state, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its [officers and] president, secretary and treasurer or their equivalent, and all if its directors and a designation of its resident agent in this state, certified by [the president, secretary or other] an officer of the corporation.

      2.  Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of $85.

      3.  The secretary of state shall, 60 days before the last day for filing the annual list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.


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forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to 80.170, inclusive.

      4.  An annual list for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

      Sec. 63.  NRS 80.120 is hereby amended to read as follows:

      80.120  When the [annual] fee for filing [a] the initial or annual list of officers and directors and designation of resident agent has been paid, the canceled check received by the corporation constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary [date of its incorporation] of its qualification to transact business occurs in the next succeeding calendar year. If the corporation desires a formal certificate upon its payment [on] of the initial or annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

      Sec. 64.  NRS 80.140 is hereby amended to read as follows:

      80.140  1.  Every list required to be filed under the provisions of NRS 80.110 to 80.170, inclusive, must, after the name of each officer and director listed thereon, set forth the post office box or street address , either residence or business, of each officer and director.

      2.  If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of NRS 80.110 to 80.170, inclusive, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of [NRS 80.110 to 80.170, inclusive.] this section.

      Sec. 65.  NRS 80.150 is hereby amended to read as follows:

      80.150  1.  Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to 80.170, inclusive, which refuses or neglects to do so within the time provided, [shall be deemed] is in default.

      2.  For default there must be added to the amount of the fee a penalty of $15, and unless the filing is made and the fee and penalty are paid on or before the first day of the [second] ninth month following the month in which filing was required, the defaulting corporation by reason of its default, forfeits:

      (a) The amount of the fee and penalty to the State of Nevada; and

      (b) Its right to transact any business within this state.

The fee and penalty must be collected as provided in this chapter.

      Sec. 66.  NRS 80.160 is hereby amended to read as follows:

      80.160  1.  On or before the 15th day of the [3rd] third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.

      2.  Immediately after the [1st] first day of the [9th] ninth month following the month in which filing was required, the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been [annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have copies of their articles of incorporation and other amendatory, supplemental and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations’ rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state.


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and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations’ rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement the secretary of state shall also notify immediately the county clerks of the fact.

      3.  In case of foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after the sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.] forfeited.

      Sec. 67.  NRS 80.170 is hereby amended to read as follows:

      80.170  1.  [Subject to the provisions of] Except as otherwise provided in subsections 3 and 4, the secretary of state [is authorized:

      (a) To reinstate any] shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of [NRS 80.110 to 80.170, inclusive; and

      (b) To] this chapter and restore to the corporation its right to [carry on] transact business in this state, and to exercise its corporate privileges and immunities [, upon the filing with the secretary of state of] if it:

      (a) Files with him a list of officers and directors as provided in NRS [80.130 to 80.140, and upon payment to the secretary of state of] 80.110 and 80.140; and

      (b) Pays to him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business [.

      2.  In case] and a fee of $50 for reinstatement.

      2.  If payment is made and the secretary of state reinstates the corporation to its former rights he shall [immediately] :

      (a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due [.] ; and

      (b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the right to transact business occurred only by reason of failure to pay the fees, penalties and costs.

      4.  If the right of a corporation to [carry on] transact business in this state has been [annulled] forfeited pursuant to the provisions of NRS 80.160 and has remained [annulled] forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice to the last [registered agent of the corporation or to the last] president of the corporation.


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shall send notice to the last [registered agent of the corporation or to the last] president of the corporation. The notice must state the conditions under which reinstatement may be granted before the expiration of the 5-year period.

      Sec. 68.  NRS 80.190 is hereby amended to read as follows:

      80.190  1.  Except as otherwise provided in subsection 2, each foreign corporation doing business in this state shall, not later than the month of March in each year, publish a statement of its last calendar year’s business in two numbers or issues of a newspaper published in this state.

      2.  If the corporation keeps its records on the basis of a fiscal year other than the calendar, the statement required by subsection 1 [shall] must be published not later than the end of the third month following the close of each fiscal year.

      3.  A corporation which neglects or refuses to publish a statement as required by this section is liable to a penalty of $100 for each month that the statement remains unpublished.

      4.  Any district attorney in the state or the attorney general may sue to recover the penalty. The first county suing through its district attorney shall recover the penalty, and if no suit is brought for the penalty by any district attorney, the state may recover through the attorney general.

      Sec. 69.  NRS 80.200 is hereby amended to read as follows:

      80.200  1.  Any foreign corporation qualified to do business in this state under the provisions of this chapter may withdraw therefrom and surrender its right by:

      (a) Filing with the secretary of state a notice of its purpose so to do, duly authorized to be given by resolution of its board of directors and executed under its corporate seal by the proper officers thereof; and

      (b) Paying the fee required by NRS 80.050 for filing notice.

      2.  The provisions of subsection 1 [shall be applicable] apply only when the corporation’s right to do business in this state at the time the notice is submitted for filing has not been [revoked.] forfeited.

      Sec. 70.  NRS 80.210 is hereby amended to read as follows:

      80.210  1.  Every corporation which fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive:

      (a) Is subject to a fine of not less than $500, to be recovered in a court of competent jurisdiction; and

      (b) Except as otherwise provided in [this subsection,] subsection 2, may not commence or maintain any action or proceeding in any court of this state until it has fully complied with the provisions of NRS 80.010 to 80.040, inclusive.

      2.  An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not comply with the provisions of NRS 80.010 to 80.040, inclusive, within 45 days after the action or proceeding is commenced.

      [2.  Any person who acts as agent within this state of any corporation which fails to comply with the provisions of NRS 80.010 to 80.040, inclusive, is personally and individually liable to a fine of not less than $500.]


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      3.  When the secretary of state is advised that a corporation is doing business in contravention of NRS 80.010 to 80.040, inclusive, he shall report that fact to the governor. The governor shall, as soon as practicable, instruct the district attorney to the county where the corporation has its principal place of business or the attorney general, or both, to institute proceedings to recover any applicable fine provided for in this section.

      Sec. 71.  NRS 81.020 is hereby amended to read as follows:

      81.020  1.  The corporation may or may not have capital stock, and its business [shall] must be operated for the mutual benefit of the members thereof.

      2.  No member of the cooperative corporation [shall] may have more than one vote in the management of its affairs. Meetings of the association or meetings of the board of directors may be held in or outside this state.

      3.  The corporation shall not pay dividends on stock or membership certificates in excess of 8 percent per annum.

      4.  The corporation or association, as it may be called, may deal in the products of nonmembers, but not to an amount greater in value than such as are handled by it for members.

      Sec. 72.  NRS 81.040 is hereby amended to read as follows:

      81.040  Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:

      1.  The name of the corporation.

      2.  The purpose for which it is formed.

      3.  The [address or location, including the county and city or town, where its principal business will be transacted; but other meetings of the association or meetings of the board of directors may be held within or without the state.] name of the natural person or corporation designated as the resident agent, the street address for the service of process, and the mailing address if different from the street address.

      4.  The term for which it is to exist, which may be perpetual.

      5.  If formed with stock, the amount of its stock and the number and par value, if any, and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.

      6.  The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.

      7.  Whether the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.

      8.  The name and post office box or street address, either resident or business, of each of the incorporators executing the articles of incorporation.

      Sec. 73.  NRS 81.060 is hereby amended to read as follows:

      81.060  1.  The articles of incorporation must be:

      (a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.


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      (b) Acknowledge by each before a person authorized to take and certify acknowledgments of conveyances of real property.

      (c) Filed , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.

      2.  If a corporation formed under NRS 81.010 to 81.160, inclusive, is authorized to issue stock there must be paid to the secretary of state for filing the articles of incorporation the fee applicable to the amount of authorized stock of the corporation which the secretary of state is required by law to collect upon the filing of articles of incorporation which authorize the [issue] issuance of stock.

      3.  The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts have been filed in his office.

      4.  Upon the issuance of the certificate by the secretary of state, the persons signing the articles and their associates and successors are a body politic and corporate. When so filed, the articles of incorporation or certified copies thereof must be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.

      Sec. 74.  NRS 81.200 is hereby amended to read as follows:

      81.200  1.  Every association formed under NRS 81.170 to 81.270, inclusive, shall prepare articles of association in writing, setting forth:

      (a) The name of the association.

      (b) The purpose for which it is formed.

      (c) The [address or location, including the county and city or town, where its principal business is to be transacted.] name of the natural person or corporation designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.

      (d) The term for which it is to exist, which may be perpetual.

      (e) The number of the directors thereof, and the names and residences of those selected for the first year.

      (f) The amount which each member is to pay upon admission as a fee for membership, and that each member signing the articles has actually paid the fee.

      (g) That the interest and right of each member therein is to be equal.

      (h) The name and post office box or street address, either residence or business, of each of the persons executing the articles of association.

      2.  The articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state.

      3.  The articles so subscribed and acknowledged must be filed , together with a certificate of acceptance of appointment executed by the resident agent for the association, in the office of the secretary of state, who shall furnish a certified copy thereof. From the time of the filing in the office of the secretary of state, the association may exercise all the powers for which it was formed.

      Sec. 75.  NRS 81.210 is hereby amended to read as follows:

      81.210  1.  The purpose of the business may be altered, changed, modified, enlarged or diminished, or the articles of association amended, by a vote of two-thirds of all the members at a special election to be called for such purpose.


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of two-thirds of all the members at a special election to be called for such purpose. Notice of the special election must be given in the same manner as the bylaws [shall] provide for the election of directors.

      2.  Upon amendment of the articles of association, a copy of the articles as amended [shall be duly] must be filed with the secretary of state . [, and a certified copy shall be filed or microfilmed by the county clerk.]

      Sec. 76.  NRS 81.440 is hereby amended to read as follows:

      81.440  Each corporation formed under NRS 81.410 to 81.540, inclusive, shall prepare and file articles of incorporation in writing, setting forth:

      1.  The name of the corporation.

      2.  The purpose for which it is formed.

      3.  The [address or location, including the county and city or town, where its principal business will be transacted.] name of the natural person or corporation designated as the resident agent, the street address for service of process, and the mailing address if different from the street address.

      4.  The term for which it is to exist, which may be perpetual.

      5.  The number of directors thereof, which must be not less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors have been elected and have accepted office.

      6.  Whether the voting power and the property rights and interest of each member are equal or unequal, and if unequal the articles must set forth a general rule applicable to all members by which the voting power and the property rights and interests of each member may be determined, but the corporation may admit new members who may vote and share in the property of the corporation with the old members, in accordance with the general rule.

      7.  The name and post office box or street address, either residence or business, of each of the incorporators executing the articles of incorporation.

      Sec. 77.  NRS 81.450 is hereby amended to read as follows:

      81.450  1.  The articles of incorporation must be:

      (a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.

      (b) Acknowledged by each before a person authorized to take and certify acknowledgments of conveyances of real property.

      (c) Filed , together with a certificate of acceptance of appointment executed by the resident agent for the corporation, in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.

      2.  The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office.

      3.  Upon the issuance of the certificate by the secretary of state the persons signing the articles and their associates and successors are a body politic and corporate. When so filed, the articles of incorporation or certified copies thereof must be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.


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      Sec. 78.  NRS 82.011 is hereby amended to read as follows:

      82.011  “Articles of incorporation” and “articles” are synonymous terms and, unless the context otherwise requires, include all certificates filed pursuant to NRS 82.081, 82.346, 82.356 [, 82.366] and 82.371 and any agreement of merger filed pursuant to NRS 82.376 to 82.411, inclusive.

      Sec. 79.  NRS 82.021 is hereby amended to read as follows:

      82.021  “Corporation for public benefit” is a corporation formed or existing pursuant to this chapter that:

      1.  Is recognized as exempt under section 501(c)(3) of the Internal Revenue Code [of 1954] in effect on October 1, 1991, future amendments to that section and the corresponding provisions of future internal revenue laws; or

      2.  Is organized for a public or charitable purpose and which upon dissolution must distribute its assets to the United States, a state, or a person which is recognized as exempt under section 501(c)(3) of the Internal Revenue Code as amended.

      Sec. 80.  NRS 82.036 is hereby amended to read as follows:

      82.036  “Receiver” includes receivers and trustees appointed as provided in this chapter [.] and chapter 32 of NRS.

      Sec. 81.  NRS 82.041 is hereby amended to read as follows:

      82.041  “Registered office” of a corporation means the office maintained [in this state as required by NRS 82.141.] at the street address of its registered agent.

      Sec. 82.  NRS 82.056 is hereby amended to read as follows:

      82.056  [Any] A corporation having shares of stock which was organized before October 1, 1991, pursuant to any provision of chapter 81 of NRS may elect to accept this chapter in the following manner:

      1.  If there are members or stockholders entitled to vote thereon, the board of directors must adopt a resolution recommending that the corporation accept this chapter and adopt new articles of incorporation conforming to this chapter and any other statutes pursuant to which the corporation may have been organized and directing that the question of such acceptance and adoption be submitted to a vote [of] at an annual or special meeting of the members or stockholders entitled to vote thereon. Written notice stating that the purpose, or one of the purposes, of the meeting is to consider electing to accept this chapter and adopting new articles of incorporation must be given to each member and stockholder entitled to vote at [such] the meeting, within the time and in the manner provided in this chapter for the giving of notice of meetings of members. The election to accept this chapter and adopt new articles of incorporation require for adoption at least a majority of the votes which the members or stockholders present at [such] the meeting in person or by proxy are entitled to cast.

      2.  If there are no members or stockholders entitled to vote thereon, election to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter may be made at a meeting of the board of directors pursuant to majority vote of a quorum of the directors [in office.] present at the meeting.

      Sec. 83.  NRS 82.061 is hereby amended to read as follows:

      82.061  1.  A certificate of election to accept this chapter must be signed by the president or a vice president and by the secretary or an assistant secretary and acknowledged before a person authorized by the laws of this state to take acknowledgements of deeds and must set forth:

 


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secretary and acknowledged before a person authorized by the laws of this state to take acknowledgements of deeds and must set forth:

      (a) The name of the corporation.

      (b) A statement by the corporation that it has elected to accept this chapter and adopt new articles of incorporation conforming to the provisions of this chapter and any other statutes pursuant to which the corporation may have been organized.

      (c) If there are members or stockholders entitled to vote thereon, a statement setting forth the date of the meeting of the members or stockholders at which the election to accept this chapter and adopt new articles was made, that a quorum was present at the meeting and that acceptance and adoption was authorized by at least a majority of the votes which the members or stockholders present at the meeting in person or by proxy were entitled to cast.

      (d) If there are no members or stockholders entitled to vote thereon, a statement of that fact, the date of the meeting of the board of directors at which the election to accept and adopt was made, that a quorum was present at the meeting and that the acceptance and adoption were authorized by a majority vote of the directors present at the meeting.

      (e) A statement that, in addition, the corporation followed the requirements of the law under which it was organized, its old articles of incorporation and its old bylaws so far as applicable in effecting the acceptance.

      (f) A statement that the attached copy of the articles of incorporation of the corporation are the new articles of incorporation of the corporation.

      (g) If the corporation has issued shares of stock, a statement of that fact including the number of shares theretofore authorized, the number issued and outstanding and that upon the effective date of the [certificates] certificate of acceptance the authority of the corporation to issue shares of stock is thereby terminated.

      2.  The certificate so signed and acknowledged must be filed in the office of the secretary of state.

      Sec. 84.  NRS 82.086 is hereby amended to read as follows:

      82.086  The articles of incorporation must set forth:

      1.  The name of the corporation. A name appearing to be that of a natural person and containing a given name or initials must not be used as a corporate name except with an additional word or words such as “Incorporated,” “Inc.,” “Limited,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word which identifies it as not being a natural person.

      2.  The name of the natural person or corporation designated as the corporation’s resident agent , [and] the resident agent’s street address where it maintains an office for service of process [.] , and the resident agent’s mailing address if different from the street address.

      3.  That the corporation is a nonprofit corporation.

      4.  The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It is sufficient to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such a statement makes all lawful activities within the objects or purposes of the corporation.


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      5.  Whether the members of the governing board are styled directors or trustees of the corporation, and the number, names and post office box or street addresses, residence or business, of the first board of directors or trustees, together with any desired provisions relative to the right to change the number of directors.

      6.  The names and post office [addresses,] box or street address, residence or business, of each of the incorporators signing the articles of incorporation.

      [7.  Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.]

      Sec. 85.  NRS 82.096 is hereby amended to read as follows:

      82.096  1.  [Except as otherwise provided in subsection 2, the] The secretary of state shall refuse to accept for filing [in his office] the articles of any corporation whose name is the same as or deceptively similar to [:

      (a) The name of any other corporation formed or incorporated in this state;

      (b) The name of any foreign corporation authorized to transact business in this state;

      (c) A name held reserved pursuant to NRS 78.040 or NRS 82.101;

      (d) The name of any limited partnership formed in this state;

      (e) The name of any foreign limited partnership authorized to transact business in this state; or

      (f) A name held reserved pursuant to NRS 88.325.

      2.  The secretary of state shall accept for filing in his office the articles of a corporation whose name:

      (a) Is the same or deceptively similar to that used by or reserved for another entity formed or authorized to transact business in this state; or

      (b) Is the same as or deceptively similar to that used by a foreign corporation or foreign limited partnership authorized to transact business in this state, or reserved for such a use pursuant to NRS 88.325,

if the written acknowledged consent of the other entity to the use of the same accompanies the articles or certificate.

      3.] the name of a for profit or nonprofit corporation, limited partnership or limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state or a name to which the exclusive right is, at the time, reserved in the manner provided under the laws of this state, unless the written acknowledged consent of the holder of the registered or reserved name to use the same name or the requested similar name accompanies the articles of incorporation.

      2.  For the purposes of this section, [the name of one corporation is not in compliance with subsections 1 and 2 solely because its name] a proposed name is not distinguished from a registered or reserved name solely because one or the other contains distinctive lettering, a distinctive mark, a trademark or a trade name, or any combination of these.

      Sec. 86.  NRS 82.101 is hereby amended to read as follows:

      82.101  1.  The secretary of state, when requested to do so, shall reserve, for a period of 90 days, the right to use any name available under NRS [78.039 and] 82.096 for the use of any proposed corporation. During the period, a name so reserved is not available for use by any for profit or nonprofit corporation , [or] limited partnership or limited-liability company without the written acknowledged consent of the person [, firm or corporation] at whose request the reservation was made.


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ê1993 Statutes of Nevada, Page 993 (Chapter 337, AB 387)ê

 

without the written acknowledged consent of the person [, firm or corporation] at whose request the reservation was made.

      2.  The use by any for profit or nonprofit corporation , limited partnership or limited-liability company of a name in violation of NRS [78.039 and] 82.096 or subsection 1 of this section may be enjoined, even if the articles of incorporation or organization of the corporation or limited-liability company, or the certificate of limited partnership , have been filed by the secretary of state.

      Sec. 87.  NRS 82.116 is hereby amended to read as follows:

      82.116  A copy of any articles of incorporation filed pursuant to this chapter, and certified by the secretary of state under his official seal, must be received in all courts and places as prima facie evidence of the facts therein stated [, and of evidence of the facts therein stated,] and of the existence and due incorporation of the corporation therein named.

      Sec. 88.  NRS 82.121 is hereby amended to read as follows:

      82.121  1.  [Any] A corporation:

      (a) Has all the rights, privileges and powers hereby conferred.

      (b) Has such rights, privileges and powers as may be conferred upon [such] corporations by any existing law.

      (c) May at any time exercise those rights, privileges and powers, when not inconsistent with the provisions of this chapter, or with the purposes and objects for which the corporation is organized.

      2.  Every corporation, by virtue of its existence as such, may:

      (a) Have succession by its corporate name for the period limited in its articles of incorporation, and when no period is limited, perpetually, or until it is dissolved and its affairs are wound up according to law.

      (b) Sue and be sued in any court of law or equity.

      (c) Makes contracts.

      (d) Hold, purchase and convey real and personal estate and mortgage or lease any such real and personal estate with its franchises. The power to hold real and personal estate includes the power to take it by device or bequest in this state, or in any other state, territory or country.

      (e) Appoint such officers and agents as the affairs of the corporation require, and allow them suitable compensation.

      (f) Make bylaws not inconsistent with the constitution or laws of the United States, or of this state, for the management, regulation and government of its affairs and property, the transfer of its memberships, if any, the transaction of its business, and the calling and holding of meetings of its members, if any, or delegates, if any.

      (g) Wind up and dissolve itself, or be wound up or dissolved, in the manner mentioned in this chapter.

      [(h) Unless otherwise provided in the articles, engage in any lawful activity.]

      Sec. 89.  NRS 82.141 is hereby amended to read as follows:

      82.141  1.  Every corporation must have a resident agent in the manner provided in NRS 78.090, 78.095, subsections 1 to 4, inclusive, of NRS 78.097 and NRS 78.110. The resident agent shall comply with the provisions of those sections.


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ê1993 Statutes of Nevada, Page 994 (Chapter 337, AB 387)ê

 

      2.  A corporation that fails to file a certificate of acceptance executed by the new resident agent within 30 days after the death, resignation or removal of its former resident agent shall be deemed in default and is subject to the provisions of NRS 82.161 and 82.166.

      Sec. 90.  NRS 82.146 is hereby amended to read as follows:

      82.146  1.  Each corporation [must,] shall, within 60 days after the filing of its articles of incorporation with the secretary of state [:

      1.  File a list of its officers and directors.

      2.  Pay] , and annually thereafter on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its president, secretary and treasurer and all of its directors and a designation of its resident agent in this state, certified by an officer of the corporation.

      2.  Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $15.

      Sec. 91.  NRS 82.151 is hereby amended to read as follows:

      82.151  1.  [Each corporation shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.

      2.  Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $15.

      3.]  The secretary of state shall, 60 days before the last day for filing the annual list [required by subsection 1,] of officers and directors, cause to be mailed to each corporation which has not become delinquent the blank forms to be completed and filed with him. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by NRS 82.161.

      2.  An annual list of officers and directors for a corporation not in default which is received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

      Sec. 92.  NRS 82.156 is hereby amended to read as follows:

      82.156  1.  Every list required to be filed under the provisions of this chapter must, after the name of each officer and director listed thereon, set forth his post office box or street address [.] , either residence or business.

      2.  If [such] these addresses are not thus set forth, the secretary of state may refuse to file the list, and the corporation for which the list has been offered for filing is subject to all the provisions of this chapter relating to failure to file such a list, unless the list is subsequently submitted for filing in conformance with the provisions of this chapter.

      Sec. 93.  NRS 82.161 is hereby amended to read as follows:

      82.161  1.  Each corporation that is required to make the filings and pay the fees prescribed in this chapter but refuses or neglects to do so within the time provided is in default.

      2.  For default, there [is] must be added to the amount of the fee a penalty of $5, and unless the filing is made and the fee and penalty are paid on or before the [1st] first day of the [9th] ninth month following the month in which the filing was required, the defaulting corporation, by reason of its default, forfeits [:


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ê1993 Statutes of Nevada, Page 995 (Chapter 337, AB 387)ê

 

      (a) The] the amount of the fee and penalty to the State of Nevada . [; and

      (b) Its right to transact any business within this state.]

      3.  The fee and penalty must be collected as provided in this chapter.

      Sec. 94.  NRS 82.166 is hereby amended to read as follows:

      82.166  1.  On or before the 15th day of the [3rd] third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting corporations, together with the amounts of the filing fees, penalties and costs remaining unpaid.

      2.  [Immediately after the 1st] On the first day of the [9th] ninth month following the month in which filing was required, the charter of the corporation is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a [full and] complete list containing the names of all corporations whose right to do business has been forfeited. The secretary of state shall [,] forthwith notify each corporation, by letter addressed to its president or secretary, [notify each corporation] of the forfeiture of its charter.

      [3.  If such a forfeiture of a]

      4.  If the charter of a corporation is revoked and the right to transact business [occurs,] is forfeited, all the property and assets of the defaulting corporation must be held in trust by its directors, as for insolvent corporations, and the same proceedings may be had [as are applicable] with respect to its property and assets as apply to insolvent corporations. Any interested person may institute those proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter, the proceedings must be dismissed [at once] and all property restored to the officers of the corporation.

      [4.]5.  If the corporate assets are distributed, they must be applied to:

      (a) The payment of the filing fee, penalties and costs due to the state; and

      (b) The payment of the creditors of the corporation.

Any balance remaining must be distributed as set forth in the articles or bylaws or, if no such provisions exist, among the members of the corporation.

      Sec. 95.  NRS 82.171 is hereby amended to read as follows:

      82.171  1.  [Subject to the provisions of] Except as otherwise provided in subsections 3 and 4, the secretary of state [may:

      (a) Reinstate] shall reinstate any corporation which has forfeited its right to transact business under the provisions of this chapter [; and

      (b) Restore its] shall restore the right to carry on business in this state and exercise its corporate privileges and immunities, [upon the filing with him of an affidavit stating the reason for the revocation of its charter, and upon payment to him of] if it:

      (a) Files with the secretary of state the list and designation required by NRS 82.146; and

      (b) Pays to the secretary of state all filing fees, fees for licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, [and also] all filing fees, fees for licenses and penalties which have accrued since the revocation of its charter [.] , and a fee of $25 for reinstatement.


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ê1993 Statutes of Nevada, Page 996 (Chapter 337, AB 387)ê

 

      2.  When the secretary of state reinstates the corporation to its former rights, he shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement. [Additional copies may be purchased for $5 each.]

      3.  The secretary of state shall not order a reinstatement [of a corporation] unless all delinquent fees, penalties and costs have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees, penalties and costs . [and all its delinquent fees, penalties and costs have been paid.]

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      Sec. 96.  NRS 82.176 is hereby amended to read as follows:

      82.176  1.  Except as otherwise provided in subsection 2, if [any corporation is suspended from doing business] a corporation’s charter is revoked under the provisions of this chapter or any previous act of the legislature of Nevada and the name of the corporation, or one [which cannot be distinguished from it, is] deceptively similar to it has been legally acquired by another for profit or nonprofit corporation , [or] a limited partnership or a limited-liability company existing under the laws of this state or a foreign corporation, foreign limited partnership or foreign limited-liability company authorized to transact business in this state, or is reserved for its use before the application for reinstatement of the defaulting corporation, that corporation shall, in its application for reinstatement, submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If that name [can be distinguished] is not the same as or deceptively similar to a name registered or reserved upon the records in the office of the secretary of state [from the names reserved or otherwise in use, the secretary of state] , he shall issue to the defaulting corporation a certificate of reinstatement under that new name.

      2.  If the defaulting corporation submits the written acknowledged consent of the [entity reserving or using a name which is deceptively similar to the defaulting corporation’s old name or a new name it has submitted,] holder of a registered or reserved name to use the same name or a name which is deceptively similar to the registered or reserved name, it may be reinstated under that name.

      3.  For the purposes of this section, [the name of one corporation is not in compliance with subsection 1 solely because its name] a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark or a trade-mark or a trade name, or any combination of those.

      Sec. 97.  NRS 82.196 is hereby amended to read as follows:

      82.196  Every corporation must be managed by a board of directors or trustees, all of whom must be at least 18 years of age. [A corporation for public benefit must have at least five directors or trustees. All other corporations] Every corporation must have at least one director or trustee. All corporations may provide in their articles or bylaws for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased.


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ê1993 Statutes of Nevada, Page 997 (Chapter 337, AB 387)ê

 

corporations may provide in their articles or bylaws for a fixed number of directors or a variable number of directors within a fixed minimum and maximum, and for the manner in which the number of directors may be increased or decreased. Unless otherwise provided in the articles, directors need not be members. [Only one officer or employee of a corporation for public benefit who is receiving a regular salary from the corporation may serve on the board at any one time.] The articles or bylaws may provide that some or all the directors or trustees must be chosen by specified persons or by public officials.

      Sec. 98.  NRS 82.211 is hereby amended to read as follows:

      82.211  1.  Every corporation must have a president or a chairman of the board, a secretary and a treasurer. [All must be chosen by the board of directors and hold their offices until their successors are chosen and qualify.]

      2.  Every corporation may also have one or more vice presidents, assistant secretaries and assistant treasurers, and such other officers and agents as may be deemed necessary.

      3.  All officers must be natural persons and must be chosen in such manner, hold their offices for such terms and have such powers and duties as may be prescribed by the bylaws or determined by the board of directors. [A chairman of the board of a corporation for public benefit shall not accept a regular salary from the corporation for serving in that capacity.]

      4.  An officer holds office after the expiration of his term until a successor is chosen or until his resignation or removal before the expiration of his term. A failure to elect officers does not require the corporation to be dissolved. Any vacancy occurring in an office of the corporation by death, resignation, removal or otherwise, must be filled as the bylaws provide, or in the absence of such a provision, by the board of directors.

      5.  Any natural person may hold two or more offices.

      Sec. 99.  NRS 82.221 is hereby amended to read as follows:

      82.221  1.  Directors and officers shall exercise their powers in good faith and with a view to the interests of the corporation.

      2.  In performing their respective duties, directors and officers are entitled to rely on information, opinions, reports, books of account [,] or statements, including financial statements and other financial data, that are prepared or presented by:

      (a) One or more directors, officers [,] or employees of the corporation reasonably believed to be reliable and competent in the matters prepared or presented;

      (b) Counsel, public accountants [,] or other persons as to matters reasonably believed to be within the preparer or presenter’s professional or expert competence; or

      (c) A committee [of the directors] upon which the person relying thereon does not serve, established in accordance with NRS 82.206 as to matters within the committee’s designated authority and matters on which the committee is reasonably believed to merit confidence,

but a director or officer is not entitled to rely on such information, opinions, reports, books of account [,] or statements if he has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.


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      3.  A director or officer must not be found to have failed to exercise his powers in good faith and with a view to the interests of the corporation unless it is proved by clear and convincing evidence that he has not acted in good faith and in a manner reasonably believed by him to be with a view to the interests of the corporation.

      4.  [The articles of incorporation may contain a provision eliminating or limiting the personal liability of a director or officer to the corporation or its members for damages for breach of fiduciary duty as a director or officer, but such a provision must not eliminate or limit the liability of a director or officer for:

      (a) Acts or omission which involve intentional misconduct, fraud or a knowing violation of law;

      (b) The payment of distributions in violation of NRS 82.136; or

      (c) An action or proceeding brought pursuant to NRS 82.536 or chapter 35 of NRS.

      5.]  Except as otherwise provided in the articles of incorporation or NRS 82.136 and 82.536 and chapter 35 of NRS, no action may be brought against an officer or director of a corporation based on any act or omission arising from failure in his official capacity to exercise due care regarding the management or operation of the corporation unless the act or omission involves intentional misconduct, fraud [,] or knowing violation of the law . [or the failure of a director or officer of a corporation for public benefit to review information, opinions, reports, books of account or statements, including financial statements and other financial information, submitted to him for review.]

      5.  The articles of incorporation may impose greater liability on a director or officer of a corporation than that imposed by subsection 4.

      Sec. 100.  NRS 82.226 is hereby amended to read as follows:

      82.226  1.  No contract or other transaction between a corporation and one or more of its directors or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is void or voidable solely for this reason or solely because any such director [of] or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:

      (a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose as provided in this chapter, the articles or the bylaws without counting the vote or votes of the common or interested director or directors.

      (b) The fact of the common directorship or financial interest is disclosed or known to the members, if any, and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose as provided in this chapter, the articles or the bylaws. The votes of the common or interested directors or officers must be counted in any such vote of members.


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ê1993 Statutes of Nevada, Page 999 (Chapter 337, AB 387)ê

 

      (c) The fact of the common directorship or financial interest is not disclosed or known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.

      (d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.

      2.  Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.

      3.  Unless otherwise provided in the articles or the bylaws, the board of directors [of corporations other than corporations for public benefit] may fix the compensation of directors for services in any capacity. [A director of a corporation for public benefit shall not accept a regular salary from the corporation unless he is also an officer or employee of the corporation who receives a salary for his position as an officer or employee.]

      Sec. 101.  NRS 82.226 is hereby amended to read as follows:

      82.226  1.  No contract or other transaction between a corporation and one or more of its directors or officers, or between a corporation and any corporation, firm or association in which one or more of its directors or officers are directors or officers or are financially interested, is void or voidable solely for this reason or solely because any such director or officer is present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because the vote or votes of common or interested directors are counted for such purpose, if the circumstances specified in any of the following paragraphs exist:

      (a) The fact of the common directorship , office or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient for the purpose [as provided in this chapter, the articles or the bylaws] without counting the vote or votes of the common or interested director or directors.

      (b) The fact of the common directorship , office or financial interest is disclosed or known to the members, if any, and they approve or ratify the contract or transaction in good faith by a vote sufficient for the purpose . [as provided in this chapter, the articles or the bylaws.] The votes of the common or interested directors or officers must be counted in any such vote of members.

      (c) The fact of the common directorship or financial interest is not disclosed or known to the director or officer at the time the transaction is brought before the board of directors of the corporation for action.

      (d) The contract or transaction is fair as to the corporation at the time it is authorized or approved.

      2.  Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves or ratifies a contract or transaction, and if the votes of the common or interested directors are not counted at the meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.


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ê1993 Statutes of Nevada, Page 1000 (Chapter 337, AB 387)ê

 

meeting, then a majority of the disinterested directors may authorize, approve or ratify a contract or transaction.

      3.  Unless otherwise provided in the articles or the bylaws, the board of directors may fix the compensation of directors for services in any capacity.

      Sec. 102.  NRS 82.271 is hereby amended to read as follows:

      82.271  1.  Unless the articles or the bylaws provide for a [lesser] different proportion, a majority of the board of directors or delegates of the corporation, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business at their respective meetings, and the act of a majority of the directors or delegates present at a meeting at which a quorum is present is the act of the board of directors or delegates.

      2.  Unless otherwise restricted by the articles or bylaws, any action required or permitted to be taken at any meeting of the board of directors or the delegates or of any committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by a majority of the board of directors or the delegates or of such committee. If the vote of a [greater] different proportion of the directors or delegates is required for an action, then the [greater] different proportion of written consents is required. The written consent must be filed with the minutes of proceedings of the board, the delegates or the committee.

      3.  Unless otherwise restricted by the articles or bylaws, members of the board of directors, the delegates or of any committee designated by the board or the delegates may participate in a meeting by [a] means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 103.  NRS 82.276 is hereby amended to read as follows:

      82.276  1.  Unless otherwise provided in the articles or bylaws, any action which may be taken by the vote of members at a meeting may be taken without a meeting if authorized by the written consent of members holding at least a majority of the voting power, except that:

      (a) If any greater proportion of voting power is required for such an action at a meeting, then the greater proportion of written consents is required; and

      (b) This general provision for action by written consent does not supersede any specific provision for action by written consent contained in this chapter.

      2.  In no instance where action is authorized by written consent need a meeting of members be called or notice given. The written consent must be filed with the minutes of proceedings of the members.

      3.  Unless otherwise restricted by the articles or bylaws, members may participate in a meeting by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection constitutes presence in person at the meeting.

      Sec. 104.  NRS 82.286 is hereby amended to read as follows:

      82.286  1.  If a corporation has members entitled to vote for the election of directors, or for the election of delegates who vote for the election of directors, unless elected pursuant to NRS 82.271 [,] or 82.276, and subject to subsection 2, the directors or delegates of every corporation must be chosen at the annual meeting of the members or delegates, to be held on a date and at a time and in the manner provided for in the bylaws, by a plurality of the votes cast at the election.


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a time and in the manner provided for in the bylaws, by a plurality of the votes cast at the election. If for any reason the directors are not elected pursuant to NRS 82.271 or 82.276 or at the annual meeting of the members or delegates, they may be elected at any special meeting of the members which is called and held for that purpose.

      2.  The articles or bylaws may provide for the classification of directors as to their respective terms of office, their election by one or more authorized classes or series of members or delegates, their election by members or delegates in geographic areas, districts or precincts, and their election annually by ballot instead of at an annual meeting.

      Sec. 105.  NRS 82.291 is hereby amended to read as follows:

      82.291  Unless otherwise provided in the articles or bylaws, a quorum for a meeting of members is 10 percent of the voting power of the members entitled to vote [at the meeting.] and a quorum for a meeting of delegates is a majority of the voting power of the delegates. An amendment to the bylaws to increase the quorum required for any action by the members or delegates must be approved by the members. [A quorum for a meeting of delegates is a majority of the voting power of the delegates.]

      Sec. 106.  NRS 82.306 is hereby amended to read as follows:

      82.306  1.  If any corporation fails to elect directors within 18 months after the last election of directors required by NRS 82.286, the district court has jurisdiction in equity, upon application of any one or more of the members of the corporation representing 10 percent of the voting power of the members entitled to vote for the election of directors or for the election of delegates who are entitled to elect directors, or 50 members, whichever is less, to order the election of directors as required by NRS 82.286.

      2.  The application must be made by petition filed in the county where the registered office of the corporation is located and must be brought on behalf of all members desiring to be joined therein. Such notice must be given to the corporation and the members as the court may direct.

      [3.  The appointees of the court have the same rights, powers and duties and the same tenure of office possessed by the directors elected by the members at the next annual meeting after the date of the court’s appointment.]

      Sec. 107.  NRS 82.336 is hereby amended to read as follows:

      82.336  1.  A corporation having members entitled to vote on the matter involved must hold a special meeting of delegates or members if:

      (a) The board of directors or persons authorized to do so by the articles or bylaws demand such a meeting; or

      (b) At least 5 percent of the members demand such a meeting.

The demand must state the purpose for the meeting. Those making the demand on the corporation must sign, date and deliver their demand to the president, chairman of the board or the treasurer of the corporation. The corporation must then immediately give notice of a special meeting of delegates or members as set forth in subsections 2 to 7, inclusive.

      2.  Whenever under the provisions of this chapter delegates or members are required or authorized to take any action at a meeting, the notice of the meeting must be in writing and signed by the president or the chairman of the board or a vice president, or the secretary, or an assistant secretary, or by such other person or persons as the bylaws may prescribe or permit or the directors designate.


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such other person or persons as the bylaws may prescribe or permit or the directors designate.

      3.  The notice must state the purpose or purposes for which the meeting is called and the time when, and the place, which may be within or without this state, where it is to be held.

      4.  A copy of the notice must be delivered personally, or must be mailed postage prepaid, to each delegate or member, as the case may be, entitled to vote at the meeting not less than 10 nor more than 60 days before such meeting. If mailed, it must be directed to the person at his address as it appears upon the [record] records of the corporation. Upon the mailing of any notice the service thereof is complete, and the time of the notice begins to run from the date upon which the notice is deposited in the mail for transmission to the person. Personal delivery of the notice to any officer of a corporation or association, or to any member of a partnership, constitutes delivery of the notice to the corporation, association or partnership.

      5.  The articles or bylaws may require that the notice be also published in one or more newspapers.

      6.  Notice duly delivered or mailed to a delegate or member in accordance with the provisions of this section and the provisions, if any, of the articles or bylaws is sufficient, and in the event of the transfer of a membership after the delivery or mailing and before the holding of the meeting it is not necessary to deliver or mail notice of the meeting to the transferee.

      7.  Any delegate or member may waive notice of any meeting by a writing signed by him, or his duly authorized attorney, either before or after the meeting.

      8.  Unless otherwise provided in the articles or bylaws, whenever notice is required to be given, under any provision of this chapter or the articles or bylaws of any corporation, to any member to whom notice of two consecutive annual meetings, and all notices of meetings or of the taking of action by written consent without a meeting to him during the period between those two consecutive annual meetings, have been mailed addressed to him at his address as shown on the records of the corporation and have been returned undeliverable, the giving of further notices to him is not required. Any action or meeting taken or held without notice to that person has the same force and effect as if the notice had been given. If any such person delivers to the corporation a written notice setting forth his current address, the requirement that notice be given to him is reinstated. If the action taken by the corporation is such as to require the filing of a certificate under any of the other sections of this Title, the certificate need not state that notice was not given to persons to whom notice was not required to be given pursuant to this subsection.

      Sec. 108.  NRS 82.346 is hereby amended to read as follows:

      82.346  1.  If the first [or organizational] meeting of the directors has not taken place and if there are no members, a majority of the incorporators of [any] a corporation may amend the original articles by executing and acknowledging or proving in the manner required for original articles, and filing with the secretary of state, a certificate amending, modifying, changing or altering the original articles, in whole or in part. The certificate must:

      (a) Declare that the signers thereof are a majority of the original incorporators of the corporation; [and]


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      (b) State the date upon which the original articles were filed with the secretary of state [.] ; and

      (c) Affirmatively declare that to the date of the certification no meeting of the directors has taken place and the corporation has no members other than the incorporators.

      2.  The amendment is effective upon the filing of the certificate with the secretary of state.

      3.  This section does not permit the insertion of any matter not in conformity with this chapter.

      4.  The secretary of state [may] shall charge the fee allowed by law for filing the amended certificate of incorporation.

      Sec. 109.  NRS 82.351 is hereby amended to read as follows:

      82.351  1.  [Any] A corporation whose directors have held a first meeting or which has members who are not incorporators may amend its articles in any of the following respects:

      (a) By addition to its corporate powers and purposes, or diminution thereof, or both.

      (b) By substitution of other powers and purposes, in whole or in part, for those prescribed by its articles of incorporation.

      (c) By changing the name of the corporation.

      (d) By making any other change or alteration in its articles of incorporation that may be desired.

      2.  All such changes or alterations may be effected by one certificate of amendment. [Any articles] Articles so amended, changed or altered may contain only such provisions as it would be lawful and proper to insert in original articles, pursuant to NRS 82.086 and 82.091 or the other statutes governing the contents of the corporation’s articles, if the original articles were executed, acknowledged and filed at the time of making the amendment.

      Sec. 110.  NRS 82.356 is hereby amended to read as follows:

      82.356  1.  Every amendment adopted pursuant to the provisions of NRS 82.351 must be made in the following manner:

      (a) The board of directors must adopt a resolution setting forth the amendment proposed, approve it and, if the corporation has members entitled to vote on an amendment to the articles, call a meeting, either annual or special, of the members. The amendment must also be approved by every public official or other person whose approval of an amendment of articles is required by the articles.

      (b) At the meeting of members, of which notice must be given to each member entitled to vote pursuant to the provisions of this section, a vote of the members entitled to vote in person or by proxy must be taken for and against the proposed amendment. A majority of a quorum of the voting power of the members or such greater proportion of the voting power of members as may be required in the case of a vote by classes, as provided in subsection 3, or as may be required by the articles, must vote in favor of the amendment.

      (c) Upon approval of the amendment by the directors, or if the corporation has members entitled to vote on an amendment to the articles, by both the directors and those members, and such other persons or public [officials,] officers, if any, as are required to do so by the articles, the chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, must execute a certificate setting forth the amendment, or setting forth the articles as amended, that the public [officials] officers or other persons, if any, required by the articles have approved the amendment, and the vote of the members and directors by which the amendment was adopted.


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secretary, must execute a certificate setting forth the amendment, or setting forth the articles as amended, that the public [officials] officers or other persons, if any, required by the articles have approved the amendment, and the vote of the members and directors by which the amendment was adopted. The chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, must acknowledge the certificate before a person authorized by the laws of the place where the acknowledgment is taken to take acknowledgments of deeds.

      (d) The certificate so executed and acknowledged, must be filed in the office of the secretary of state.

      2.  Upon filing the certificate, the articles of incorporation are amended accordingly.

      3.  If any proposed amendment would alter or change any preference or any relative or other right given to any class of members, then the amendment must be approved by the vote, in addition to the affirmative vote otherwise required, of the holders of a majority of a quorum of the voting power of each class of members affected by the amendment regardless of limitations or restrictions on their voting power.

      4.  In the case of any specified amendments, the articles may require a larger vote of members than that required by this section.

      Sec. 111.  NRS 82.371 is hereby amended to read as follows:

      82.371  1.  A corporation may restate, or amend and restate, in a single certificate the entire text of its articles as amended by filing with the secretary of state a certificate entitled “Restated Articles of Incorporation of .........................,” which must set forth the articles as amended to the date of the certificate. If the certificate alters or amends the articles in any manner, it must comply with the provisions of this chapter governing such amendments and must be accompanied by:

      (a) A resolution; or

      (b) A form prescribed by the secretary of state,

setting forth which provisions of the articles of incorporation on file with the secretary of state are being altered or amended.

      2.  If the certificate does not alter or amend the articles, it must be signed by the chairman of the board [,] or the president or vice president , and the secretary or assistant secretary , of the corporation and must be verified by their signed affidavits that they have been authorized to execute the certificate by resolution of the board of directors adopted on the date stated, and that the certificate correctly sets forth the text of the articles as amended to the date of the certificate.

      3.  The signatures and acknowledgments of the incorporators may be omitted from the restated articles.

      4.  Whenever a corporation is required to file a certified copy of its articles, in lieu thereof it may file a certified copy of the most recent certificate restating its articles as amended, subject to the provisions of subsection 2, together with certified copies of all certificates of amendment filed after the restated articles and certified copies of all certificates supplementary to the original articles.


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      Sec. 112.  NRS 82.396 is hereby amended to read as follows:

      82.396  1.  If a constituent corporation governed by this chapter has members entitled to vote on mergers, the agreement must be submitted to the members of each constituent corporation having such members at a meeting called for that purpose or to such members for a vote by written ballot pursuant to NRS 82.326. Notice of the time, place and object of each meeting must be given in the manner required by NRS 82.336 to each member of each of the constituent corporations.

      2.  At each meeting the agreement must be considered and a vote by ballot, in person or by proxy, taken for the adoption or rejection of the agreement. The agreement must be approved by a majority of a quorum of the votes of members entitled to vote thereon unless a class of members of a constituent corporation are entitled to vote thereon as a class. If a class of members is so entitled, the agreement must be approved by a majority of a quorum of the votes of each class entitled to vote thereon as a class. Members of a class of any constituent corporation are entitled to vote as a class if the agreement contains a provision that, if contained in a proposed amendment to its articles, would entitle those members to vote as a class. The agreement must also be approved by each public [official] officer or other person whose approval is required by the corporation’s articles. The secretary or assistant secretary of each constituent corporation must certify the approval of the agreement by the members and by the public [officials] officers or other persons and attach the certification to the agreement.

      3.  A constituent corporation governed by this chapter which has no members may merge if its board of directors adopts a resolution approving the agreement and each person or public [official] officer whose approval is required by its articles approves the agreement.

      4.  The agreement so adopted and certified must be signed by the chairman of the board [,] or the president or vice president, and the secretary or assistant secretary, of each constituent corporation governed by this chapter, and acknowledged by the chairman of the board [,] or the president and vice president of each constituent corporation before a person authorized by the laws of this state to take acknowledgments of deeds.

      5.  The agreement so certified and acknowledged must be filed in the office of the secretary of state, and is the agreement and act of merger of the constituent corporations. Unless a later effective date is specified in the agreement, the merger is effective when the agreement is filed. The effective date must not be more than 90 days after the agreement is filed.

      6.  A certified copy of the agreement is prima facie evidence of the performance of all conditions precedent to the merger and of the continued existence of the surviving corporation.

      7.  The articles of a corporation governed by this chapter may require a larger vote of directors or members for the approval of a merger agreement than the vote required by this section.

      Sec. 113.  NRS 82.406 is hereby amended to read as follows:

      82.406  1.  All constituent corporations must enter into an agreement in writing which must prescribe:

      (a) The terms and conditions of the merger.

      (b) The mode of carrying the merger into effect.


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      (c) The manner of converting the memberships or shares of each of the constituent corporations into memberships or shares or other securities of the surviving corporation and the other consideration which the holders of memberships or shares in the constituent corporations may receive in exchange for, or upon the conversion of, those memberships or shares, or the certificates evidencing them, which may be in addition to or in lieu of memberships or shares or other securities of the surviving corporation.

      (d) If the surviving corporation is a foreign corporation, the address of the surviving corporation where copies of process may be sent by the secretary of state.

      (e) Such other details and provisions as are deemed necessary or proper, including any of the provisions permitted by NRS 82.381 and 82.386.

      2.  The agreement must also set forth such other facts as are required in articles of incorporation by the laws of the state or foreign country, which are stated in the agreement to be the laws that govern the surviving corporation.

      3.  If the surviving corporation is a corporation organized under the laws of this state, the agreement must state any matters with respect to which the articles of the surviving corporation are to be amended, and the articles are amended accordingly upon the effective date of the merger.

      Sec. 114.  NRS 82.416 is hereby amended to read as follows:

      82.416  1.  If the surviving corporation [will be governed by the laws of a state other than this state or by the laws of a foreign country, it must agree that it may be served with] is a foreign corporation, when the merger takes effect the surviving foreign corporation shall be deemed to appoint the secretary of state as its agent for service of process in this state in any proceeding for enforcement of any obligation of any constituent corporation organized and existing, before the merger, under the laws of this state . [, and must irrevocably appoint the secretary of state as its agent to accept service of process.]

      2.  Service of such process must be made by personally delivering to and leaving with the secretary of state duplicate copies of the process and the payment of a fee of $10 for accepting and transmitting the process. The secretary of state [must] shall forthwith send by registered or certified mail one of the copies to the surviving corporation at its specified address, unless the surviving corporation has designated in writing to the secretary of state a different address for that purpose, in which case it must be mailed to the last address so designated.

      Sec. 114.5.  NRS 82.446 is hereby amended to read as follows:

      82.446  1.  A corporation may be dissolved and its affairs wound up voluntarily by the written request of a majority of the members and any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. The request must:

      (a) Be addressed to the directors.

      (b) Specify reasons why the winding up of affairs of the corporation is deemed advisable.

      (c) Name three persons who are members to act as trustees in liquidation and in winding up the affairs of the corporation. The act of a majority of the directors as trustees remaining in office is the act of the directors as trustees.


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ê1993 Statutes of Nevada, Page 1007 (Chapter 337, AB 387)ê

 

      2.  Upon filing of the request with the directors and in the offices of the secretary of state, [and, if the corporation is a corporation for public benefit, upon mailing a copy of the request to the attorney general by registered mail, return receipt requested,] all powers of the directors cease. The secretary of state shall issue a certificate that the corporation is dissolved.

      Sec. 115.  NRS 82.451 is hereby amended to read as follows:

      82.451  1.  A corporation may be dissolved and its affairs wound up voluntarily if the board of directors adopts a resolution to that effect and calls a meeting of the members entitled to vote to take action upon the resolution. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. The meeting of the members must be held with due notice. If at the meeting the members entitled to exercise a majority of all the voting power consent by resolution to the dissolution, a copy of the resolution, together with a list of the names and residences of the directors and officers, certified by the chairman of the board, president or vice president, and the secretary or an assistant secretary must be filed in the office of the secretary of state.

      2.  If a corporation has no members entitled to vote upon a resolution calling for the dissolution of the corporation, the corporation may be dissolved and its affairs wound up voluntarily by the board of directors if it adopts a resolution to that effect. The resolution must also be approved by any person or superior organization whose approval is required by a provision of the articles authorized by NRS 82.091. A copy of the resolution and a list of the officers and directors, certified as provided in subsection 1, must be filed in the office of the secretary of state.

      3.  [If the corporation is a corporation for public benefit, a copy of the resolution and list as filed with the secretary of state must be mailed to the attorney general by registered mail, return receipt requested.

      4.]  Upon filing of the resolution or request in the office of the secretary of state, the secretary of state shall issue a certificate that the corporation is dissolved.

      [5.]4.  Upon the dissolution of any corporation under the provisions of this section or upon the expiration of its period of corporate existence, the directors are the trustees of the corporation in liquidation and in winding up the affairs of the corporation. The act of a majority of the directors as trustees remaining in office is the act of the directors as trustees.

      Sec. 116.  NRS 82.461 is hereby amended to read as follows:

      82.461  [1.  No assets may be transferred or conveyed by a corporation for public benefit as a part of its dissolution until 30 days after it has given notice to the attorney general pursuant to NRS 82.446 and 82.451.

      2.]  The directors, trustees, receivers or those persons appointed or authorized to act in liquidation of a dissolved corporation shall:

      [(a)]1.  Wind up the corporation;

      [(b)]2.  Realize upon its assets;

      [(c)]3.  Pay its debts; and

      [(d)]4.  Distribute the residue of its money and property as follows:

             [(1)](a) Assets held by the corporation on the condition that upon dissolution they be returned, transferred or conveyed must be returned, transferred or conveyed as required;


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ê1993 Statutes of Nevada, Page 1008 (Chapter 337, AB 387)ê

 

             [(2)](b) Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance upon dissolution, must be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution;

             [(3)](c) Other assets, if any, must be distributed in accordance with the provisions of the articles or the bylaws to the extent the articles or bylaws determine the distribution of assets; and

             [(4)](d) Any remaining assets may be distributed to the members and such persons, societies, organizations or domestic or foreign corporations, whether or not for profit, as may be specified in the plan of distribution.

      Sec. 117.  NRS 82.516 is hereby amended to read as follows:

      82.516  After payment of all allowances, expenses and costs, and the satisfaction of all special and general liens upon the [funds] money of the corporation to the extent of their lawful priority, the creditors must be paid proportionately to the amount of their respective debts, except mortgagees and judgment creditors when the judgment has not been by confession for the purpose of preferring creditors. The creditors are entitled to distribution on debts not due, making in such case a rebate of interest, when interest is not accruing on the debts. The surplus, if any, after payment of the creditors and the costs, expenses and allowances, must be distributed as provided in [paragraph (d) of subsection 2] subsection 4 of NRS 82.461.

      Sec. 118.  NRS 82.531 is hereby amended to read as follows:

      82.531  1.  The fee for filing articles of incorporation , [and] amendments to articles of incorporation and documents for dissolution is $25 for each document.

      2.  Except as otherwise provided in NRS 82.146 [, 82.151, 82.161] and 82.171 and subsection 1 of this section, the fees for filing documents are those set forth in NRS 78.765 to [78.775,] 78.785, inclusive.

      Sec. 119.  Chapter 84 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The fee for filing articles of incorporation, amendments to articles of incorporation and documents for dissolution is $25 for each document.

      2.  Except as otherwise provided in subsection 1, the fees set forth in NRS 78.785 apply to this chapter.

      Sec. 120.  NRS 84.020 is hereby amended to read as follows:

      84.020  [Any person being the] An archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, [or] other presiding officer [,] or clergyman [, of any] of a church or religious society or denomination, who [may have been duly] has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of [a] the church or religious society [,] or denomination, and in whom [shall be] is vested the legal title to property held for the purposes, use or benefit of [such] the church or religious society [,] or denomination, may make and subscribe written articles of incorporation, in duplicate, acknowledge the [same] articles before a person authorized to take acknowledgments [,] and file one [of such] original of the articles , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state [,] and retain possession of the other.


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such] original of the articles , together with a certificate of acceptance of appointment executed by the resident agent of the corporation, in the office of the secretary of state [,] and retain possession of the other.

      Sec. 121.  NRS 84.030 is hereby amended to read as follows:

      84.030  The articles of incorporation [shall] must specify:

      1.  The name of the corporation, which must be the name of the person making and subscribing the articles and the title of his office in the church or religious society, naming it if desired, and followed by the words “and his successors, a corporation sole,” or the title of his office in [such] the church or religious society, naming it if desired, and followed by the words “and his successors, a corporation sole.”

      2.  The object of the corporation.

      3.  The title of the person making the articles, and the manner in which any vacancy occurring in the incumbency of an archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, [or] other presiding officer [,] or clergyman is required by the rules, regulations or discipline of such church, society or denomination to be filled.

      4.  The name of the natural person or corporation designated as the corporation’s resident agent, the street address for the service of process, and the mailing address if different from the street address.

      Sec. 122.  Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 123 to 132, inclusive, of this act:

      Sec. 123.  “Participating member” means a member who has the right to participate in the management of the business and affairs of the company.

      Sec. 124.  1.  The secretary of state, when requested so to do, shall reserve, for a period of 90 days, the right to use any name available under NRS 86.171, for the use of any proposed limited-liability company. During the period, a name so reserved is not available for use by any corporation, limited partnership or limited-liability company without the consent of the person at whose request the reservation was made.

      2.  The use by any corporation, limited partnership or limited-liability company of a name in violation of NRS 86.171 or subsection 1 of this section may be enjoined, notwithstanding the fact that the articles of incorporation or organization of the corporation or limited-liability company or the certificate of limited partnership may have been filed by the secretary of state.

      Sec. 125.  1.  Signed and acknowledged duplicate originals of any certificates of amendment, or two certified copies of any judicial decree of amendment, must be delivered to the secretary of state. A person who executes a certificate as an agent, officer or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the secretary of state finds that any certificate does not conform to law, upon receipt of all filing fees required by law he shall:

      (a) Endorse on each duplicate original the word “Filed” and the day, month and year of the filing thereof;

      (b) File one duplicate original in his office; and

      (c) Return the other duplicate original or copy to the person who filed it or that person’s representative.


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      2.  Upon the filing of a certificate of amendment or judicial decree of amendment in the office of the secretary of state, the articles of organization are amended as set forth therein.

      Sec. 126.  1.  Each limited-liability company shall, on or before the last day of the month in which the anniversary date of formation occurs in each year, file with the secretary of state a list of its managers or, if none, its members, and a designation of its agent for service of process in this state, certified by a manager or, if none, a member of the company.

      2.  Upon filing the list of managers or members and designation of agent for service of process, the limited-liability company shall pay to the secretary of state a fee of $85.

      3.  The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each limited-liability company required to comply with the provisions of this section, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any company to receive the forms does not excuse it from the penalty imposed by law.

      4.  An annual list of managers or members and designation of agent for service of process for a limited-liability company not in default received by the secretary of state more than 60 days before its due date shall be deemed an amended list for the previous year.

      Sec. 127.  When the fee for filing the annual list of managers or members and designation of agent for service of process has been paid, the canceled check received by the limited-liability company constitutes a certificate authorizing it to transact its business within this state until the last day of the month in which the anniversary of its formation occurs in the next succeeding calendar year. If the company desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

      Sec. 128.  1.  Every list required to be filed under the provisions of section 126 of this act, must, after the name of each manager and member listed thereon, set forth the post office box or street address, either residence or business, of each manager or member.

      2.  If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the list, and the limited-liability company for which the list has been offered for filing is subject to the provisions of sections 129 and 130 of this act, relating to failure to file the list within or at the times therein specified, unless a list is subsequently submitted for filing which conforms to the provisions of this section.

      Sec. 129.  1.  Each limited-liability company required to make a filing and pay the fee prescribed in section 126 of this act, which refuses or neglects to do so within the time provided is in default.

      2.  For default there must be added to the amount of the fee a penalty of $15, and unless the filing is made and the fee and penalty are paid on or before the first day of the ninth month following the month in which filing was required, the defaulting company, by reason of its default, forfeits the amount of the fee and penalty to the State of Nevada. The fee and penalty must be collected as provided in this chapter.


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ê1993 Statutes of Nevada, Page 1011 (Chapter 337, AB 387)ê

 

      Sec. 130.  1.  On or before the 15th day of the third month following the month in which filing was required, the secretary of state shall compile a complete list of all defaulting limited-liability companies, together with the amount of the filing fee, penalties and costs remaining unpaid.

      2.  On the first day of the ninth month following the month in which the filing was required, the charter of the company is revoked and its right to transact business is forfeited.

      3.  The secretary of state shall compile a complete list containing the names of all limited-liability companies whose right to do business has been forfeited. The secretary of state shall forthwith notify each limited-liability company by letter addressed to a manager or, if none, then to a member of the company, of the forfeiture of its charter.

      4.  If the charter of a limited-liability company is revoked and the right to transact business is forfeited, all of the property and assets of the defaulting company must be held in trust by the managers or, if none, by the members of the company, and the same proceedings may be had with respect to its property and assets as apply to the dissolution of a limited-liability company. Any person interested may institute proceedings at any time after a forfeiture has been declared, but if the secretary of state reinstates the charter the proceedings must be dismissed and all property restored to the company.

      5.  If the assets are distributed they must be applied in the following manner:

      (a) To the payment of the filing fee, penalties and costs due to the state; and

      (b) To the payment of the creditors of the company.

Any balance remaining must be distributed among the members as provided in subsection 1 of NRS 86.521.

      Sec. 131.  1.  Except as otherwise provided in subsections 3 and 4, the secretary of state shall reinstate any limited-liability company which has forfeited its right to transact business under the provisions of this chapter and restore to the company its right to carry on business in this state, and to exercise its privileges and immunities, if it:

      (a) Files with him the list and designation required by section 126 of this act; and

      (b) Pays to him all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, all filing fees, licenses and penalties which have accrued since the revocation of its charter, and a fee of $50 for reinstatement.

      2.  When the secretary of state reinstates the limited-liability company, he shall:

      (a) Immediately issue and deliver to the company a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and

      (b) Upon demand, issue to the company one or more certified copies of the certificate of reinstatement.

      3.  The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees, penalties and costs.


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ê1993 Statutes of Nevada, Page 1012 (Chapter 337, AB 387)ê

 

      4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      Sec. 132.  1.  Except as otherwise provided in subsection 2, if a limited-liability company’s charter is revoked under the provisions of this chapter and the name of the limited-liability company, or one deceptively similar to it, has been legally acquired or reserved by another limited-liability company, a limited partnership or a corporation existing under the laws of this state or foreign limited-liability company, foreign limited partnership or foreign corporation authorized to transact business in this state, or is a name the exclusive right to which has been reserved in the manner provided under the laws of this state, before the application of the defaulting limited-liability company for reinstatement, the defaulting company shall in its application for reinstatement submit to the secretary of state some other name under which it desires its existence to be reinstated. If that name is sufficiently distinctive and different from any name reserved or otherwise in use, the secretary of state shall issue to the defaulting limited-liability company a certificate of reinstatement under that new name.

      2.  If the defaulting limited-liability company submits the written acknowledged consent of the limited-liability company, corporation or limited partnership using a name, or the person reserving a name, which is the same as or similar to the defaulting limited-liability company’s old name or a new name it has submitted, it may be reinstated under that name.

      3.  For the purposes of this section, a proposed name is not distinguished from a name used or reserved solely because one or the other contains distinctive lettering, a distinctive mark, a trade-mark or a trade name or any combination of those.

      Sec. 133.  NRS 86.011 is hereby amended to read as follows:

      86.011  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 86.021 to 86.121, inclusive, and section 123 of this act have the meanings ascribed to them in those sections.

      Sec. 134.  NRS 86.121 is hereby amended to read as follows:

      86.121  “Registered office” of a limited-liability company means the office [required to be maintained by NRS 86.231.] maintained at the street address of its agent for service of process.

      Sec. 135.  NRS 86.151 is hereby amended to read as follows:

      86.151  Two or more persons may form a limited-liability company by [signing, verifying and delivering in duplicate to] :

      1.  Executing, acknowledging and filing in the office of the secretary of state articles of organization for the company [.] ; and

      2.  Filing a certificate of acceptance of appointment, executed by the agent for service of process of the limited-liability company, in the office of the secretary of state.

      Sec. 136.  NRS 86.161 is hereby amended to read as follows:

      86.161  1.  The articles of organization must set forth:

      (a) The name of the limited-liability company;

      (b) The period of its duration, which must not exceed 30 years from the date of filing with the secretary of state;

      (c) The [purpose] purposes for which the company is organized;


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ê1993 Statutes of Nevada, Page 1013 (Chapter 337, AB 387)ê

 

      (d) The address of [its principal place of business in the state and] the office where its records will be maintained as required by NRS 86.241, the name and [business] street address of the agent for service of process [in the state;] , and the mailing address of the agent for service of process if different from the street address;

      (e) The right, if given, of the members to admit additional members, and the terms and conditions of the admission;

      (f) The right, if given, of the remaining members of the company to continue the business on the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member or occurrence of any other event which terminates the continued membership of a member in the company; and

      (g) Any other provision, not inconsistent with law, which the members elect to set out in the articles of organization for the regulation of the internal affairs of the company, including any provisions which under this chapter are required or permitted to be set out in the operating agreement of the company.

      2.  If the company is to be managed by a manager or managers, the articles of organization must so state and must set out the names and post office box or street addresses , either residence or business, of [such] the manager or managers who are to serve [as managers] until the first annual meeting of members or until their successors are elected and qualify. If the management of a limited-liability company is reserved to the members, the names and post office box or street addresses either residence or business, of the members must be set out in the articles of organization, and the rights, if any, of the members to contract debts on behalf of the limited-liability company.

      3.  It is not necessary to set out in the articles of organization any of the powers enumerated in this chapter.

      Sec. 137.  NRS 86.171 is hereby amended to read as follows:

      86.171  1.  The [words “limited-liability company” must be the last words of the name of every] name of a limited-liability company formed under the provisions of this chapter [and, in addition, the] must contain the words “Limited-Liability Company,” “Limited Company,” or “Limited” or the abbreviations “Ltd.,” “L.L.C.,” “L.C.,” “LLC” or “LC.” The word “Company” may be abbreviated as “Co.”

      2.  The name of the limited liability company may not:

      (a) Contain a word or phrase which indicates or implies that it is organized for a purpose other than one or more of the purposes contained in its articles of organization; and

      (b) Be the same as, or deceptively similar to the name of a limited-liability company, limited partnership or corporation existing under the laws of this state or a foreign limited-liability company, foreign limited partnership [,] or foreign corporation authorized to transact business in this state, or a name the exclusive right to which is, at the time, reserved in the manner provided under the laws of this state, unless [:

             (1) The] the written acknowledged consent of the [other limited-liability company or] holder of [a reserved or registered] the registered or reserved name to use the same name or [a name which is deceptively similar to the registered] the requested similar name accompanies the articles of organization . [;


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ê1993 Statutes of Nevada, Page 1014 (Chapter 337, AB 387)ê

 

             (2) One or more words are added, altered or deleted so that the name is not the same as or deceptively similar to the reserved or registered name; or

             (3) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state.

      2.  Omission of the word “limited” or as abbreviated, “Ltd.,” in the use of the name of a limited-liability company renders any person who participates in the omission, or knowingly acquiesces in it, liable for indebtedness, damage or liability occasioned by the omission.

      3.  The identification “a limited-liability company” must appear after the name of a limited-liability company on all correspondence, stationery, checks, invoices and all documents and papers executed by the limited-liability company.

      4.  The exclusive right to the use of a name may be reserved by the manner prescribed in NRS 88.325.]

      Sec. 138.  NRS 86.201 is hereby amended to read as follows:

      86.201  1.  Upon [the endorsement of] filing the articles of organization [,] and the certificate of acceptance of the agent for service of process, and the payment of filing fees, the limited-liability company is considered organized, and the [endorsed] filed articles of organization are rebuttable evidence that all conditions precedent required to be performed by the members have been complied with and that the limited-liability company has been legally organized pursuant to this chapter.

      2.  A limited-liability company must not transact business or incur indebtedness, except that which is incidental to its organization or to obtaining subscriptions for or payment of contributions, until the secretary of state has [endorsed] filed the articles of organization [.] and the certificate of acceptance.

      Sec. 139.  NRS 86.221 is hereby amended to read as follows:

      86.221  1.  The articles of organization of a limited-liability company must be amended when:

      (a) There is a change in the name of the company;

      (b) [There is a change in the character of the business of the company;

      (c)] There is a false or erroneous statement in the articles of organization;

      [(d)](c) There is a change in the time as stated in the articles of organization for the dissolution of the company;

      [(e)](d) A time is fixed for the dissolution of the company if no time is specified in the articles of organization; [or]

      (e) A new or substituted member is admitted; or

      (f) The members desire to make a change in any other statement in the articles of organization to represent accurately the agreement between them.

      2.  [The form prescribed by NRS 88.355 for the amendment of a certificate of limited partnership must be followed to evidence an amendment to the articles of organization of a limited-liability company.] A certificate of amendment must set forth:

      (a) The name of the limited-liability company;

      (b) The date of filing of the articles of organization; and

      (c) The amendment to the articles of organization.

      3.  The amendment must be signed and [sworn to] acknowledged by all members and an amendment adding a new member must also be signed [also] and acknowledged by the member to be added.


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ê1993 Statutes of Nevada, Page 1015 (Chapter 337, AB 387)ê

 

and acknowledged by the member to be added. [Duplicate originals of the amendment must be forwarded to the secretary of state for filing, accompanied by the requisite filing fee.]

      Sec. 140.  NRS 86.231 is hereby amended to read as follows:

      86.231  1.  [Each limited-liability company shall have and continuously maintain in this state;

      (a) A registered office, which may be, but need not be, the same as its place of business and at which its records must be maintained in written form, or in a form which can be converted to written form in a reasonable time.

      (b) An agent for service of process, who may be a natural person resident in this state whose business office is identical with the registered office, or a domestic corporation, or a foreign corporation authorized to transact business in this state, which has a business office identical with the registered office.

      2.  Every agent for service of process must, within 10 days after acceptance of an initial appointment, file a certificate thereof in the office of the secretary of state.

      3.]  Except during any period of vacancy described in NRS 86.251, a limited-liability company shall have an agent for service of process who may be either a natural person, a domestic corporation or a foreign corporation authorized to do business in this state. Every agent for service of process must have a street address for the service of process. The street address of the agent for service of process is the registered office of the limited-liability company in this state.

      2.  Within 30 days after changing the location of his office from one address to another in this state, an agent for service of process must file a certificate with the secretary of state setting forth the names of the limited-liability companies represented by him, the address at which he has maintained the office for each of the limited-liability companies, and the new address to which the office is transferred.

      Sec. 141.  NRS 86.241 is hereby amended to read as follows:

      86.241  1.  Each limited-liability company shall [keep at its registered office:] continuously maintain in this state an office, which may but need not be a place of its business in this state or its registered office, at which it shall keep:

      (a) A current list of the full name and last known business address of each member and manager separately identifying the members in alphabetical order and the managers, if any, in alphabetical order;

      (b) A copy of the filed articles of organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any document has been executed;

      (c) Copies of the company’s federal income tax returns and reports, if any, for the 3 most recent years;

      (d) Copies of any then effective written operating agreement and of any financial statements of the company for the 3 most recent years; and

      (e) Unless contained in the articles of organization, a writing setting out:

             (1) The amount of cash and a description and statement of the agreed value of the other property or services contributed by each member and which each member has agreed to contribute;


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ê1993 Statutes of Nevada, Page 1016 (Chapter 337, AB 387)ê

 

             (2) The items as which or events on the happening of which any additional contributions agreed to be made by each member are to be made;

             (3) Any right of a member to receive, or of a manager to make, distributions to a member which include a return of all or any part of the member’s contribution; and

             (4) Any events upon the happening of which the limited liability is to be dissolved and its affairs wound up.

      2.  Records kept pursuant to this section are subject to inspection and copying at the reasonable request, and at the expense, of any member during ordinary business hours.

      Sec. 142.  NRS 86.251 is hereby amended to read as follows:

      86.251  [The resignation of an agent for service of process, notice, and the designation of new agent must be conducted in the same manner prescribed by NRS 88.332 for limited partnerships.]

      1.  An agent for service of process who desires to resign shall file with the secretary of state a signed statement for each limited-liability company that he is unwilling to continue to act as the agent of the limited-liability company for the service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state.

      2.  The statement of resignation may contain an acknowledged statement of the affected limited-liability company appointing a successor agent for service of process for that limited-liability company, giving the agent’s full name, street address for the service of process, and mailing address if different from the street address. A certificate of acceptance executed by the new agent for service of process must accompany the statement appointing a successor agent for service of process.

      3.  Upon the filing of the statement of resignation with the secretary of state the capacity of the resigning person as agent for service of process terminates. If the statement of resignation contains no statement by the limited-liability company appointing a successor agent for service of process, the resigning agent for service of process shall immediately give written notice, by mail, to the limited-liability company of the filing of the statement and its effect. The notice must be addressed to any manager or, if none, to any member, of the limited-liability company other than the agent for service of process.

      4.  If an agent for service of process dies, resigns or moves from the state, the limited-liability company, within 30 days thereafter, shall file with the secretary of state a certificate of acceptance executed by the new agent for service of process. The certificate must set forth the name, complete street address and mailing address, if different from the street address, of the new agent for service of process.

      5.  Each limited-liability company which fails to file a certificate of acceptance executed by the new agent for service of process within 30 days of the death, resignation or removal of its agent for service of process as provided in subsection 4, shall be deemed in default and is subject to the provisions of sections 129 and 130 of this act.


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ê1993 Statutes of Nevada, Page 1017 (Chapter 337, AB 387)ê

 

      Sec. 143.  NRS 86.291 is hereby amended to read as follows:

      86.291  Except as otherwise provided in this section [,] or in the operating agreement, management of a limited-liability company is vested in its members in proportion to their contribution to its capital, as adjusted from time to time to reflect properly any additional contributions or withdrawals by the members. If provision is made in the articles of organization, management of the company may be vested in a manager or managers who must be elected annually by the members in the manner prescribed by the operating agreement of the company. The manager or managers also hold the offices and have the responsibilities accorded to them by the members and set out in the operating agreement.

      Sec. 144.  NRS 86.431 is hereby amended to read as follows:

      86.431  1.  To the extent that a manager, member, employee or agent of a limited-liability company has been successful on the merits or otherwise in defense of any action, suit or proceeding described in NRS 86.411 and 86.421, or in defense of any claim, issue or matter therein, the company shall indemnify him against expenses, including attorney’s fees, actually and reasonably incurred by him in connection with the defense.

      2.  Any indemnification under NRS 86.411 and 86.421, unless ordered by a court or advanced pursuant to NRS 86.441, may be made by the limited-liability company only as authorized in the specific case upon a determination that indemnification of the manager, member, employee or agent is proper in the circumstances. The determination must be made:

      (a) By the members [;

      (b) By a majority vote of a quorum of managers, if the company has managers, who were] or managers as provided in the articles of organization or the operating agreement;

      (b) If there is not provision in the articles of organization or the operating agreement, by the owners of more than 50 percent of the interests owned by members who are not parties to the act, suit or proceeding;

      (c) If [a majority vote of the managers who were] members who own more than 50 percent of the interests owned by members who are not parties to the act, suit or proceeding so [ordered,] order, by independent legal counsel in a written opinion; or

      (d) If [managers who were] members who are not parties to the act, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.

      Sec. 145.  NRS 86.561 is hereby amended to read as follows:

      86.561  1.  The secretary of state shall charge and collect for:

      (a) Filing the original articles of organization, or for registration of a foreign company, [the same fee as required by subsection 1 of NRS 88.415 for filing a certificate of limited partnership;] $125;

      (b) Amending the articles of organization, or amending the registration of a foreign company [the same fee as required by subsection 2 of NRS 88.415 for filing a certificate of amendment of limited partnership or restated certificate of limited partnership;] , $75;

      (c) Filing a statement of intent to dissolve, [$5;] $15;

      (d) Filing articles of dissolution, and canceling the articles of organization of a domestic or foreign company, [$10;] $30;


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ê1993 Statutes of Nevada, Page 1018 (Chapter 337, AB 387)ê

 

      (e) Filing a statement of change of address of records office or change of the agent for service of process, or both, $15; [and]

      (f) [The corresponding documents of a limited-liability company, the same fees as required by subsections 6 to 11, inclusive, of NRS 88.415.] Certifying articles of organization or an amendment to the articles, in both cases where a copy is provided, $10;

      (g) Certifying an authorized printed copy of this chapter, $10;

      (h) Certifying the reservation of a name of a limited-liability company, $20;

      (i) Executing, filing or certifying any other document, $10;

      (j) Comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 1,200 words of each document or paper compared; and

      (k) Copies made at the office of the secretary of state, $1 per page.

      2.  The secretary of state shall charge and collect at the time of any service of process on him as agent for service of process of a limited-liability company, [$5] $10 which may be recovered as taxable costs by the party to the [suit or] action causing the service to be made if the party prevails in the [suit or] action.

      Sec. 146.  NRS 88.320 is hereby amended to read as follows:

      88.320  The name of each limited partnership as set forth in its certificate of limited partnership:

      1.  Must contain without abbreviation the words “limited partnership”;

      2.  May not contain the name of a limited partner unless:

      (a) It is also the name of a general partner or the corporate name of a corporate general partner; or

      (b) The business of the limited partnership has been carried on under that name before the admission of that limited partner;

      3.  May not be deceptively similar to, the name reserved or otherwise in use by any corporation , [or] limited partnership or limited-liability company organized under the laws of this state or contemplated to be organized in this state, unless the corporation , [or] limited partnership or limited-liability company already bearing or reserving that name files with the secretary of state its written consent to the use of the similar name by the limited partnership whose certificate is offered for filing;

      4.  May not be the same as the name reserved or otherwise in use by any corporation or limited partnership organized under the laws of this state or contemplated to be organized in this state; and

      5.  May not be the same as or deceptively similar to the name reserved or otherwise in use by any foreign corporation , [or] foreign limited partnership [,] or foreign limited-liability company unless the foreign corporation , [or] foreign limited partnership or foreign limited-liability company already bearing or reserving that name files with the secretary of state its written consent to the use of the same or [a] the requested similar name by the limited partnership whose certificate is offered for filing.

      Sec. 146.1.  NRS 88.330 is hereby amended to read as follows:

      88.330  1.  Each limited partnership shall continuously maintain in this state:


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ê1993 Statutes of Nevada, Page 1019 (Chapter 337, AB 387)ê

 

      (a) An office, which may but need not be a place of its business in this state, at which must be kept the records required by NRS 88.335 to be maintained; and

      (b) An agent for service of process on the limited partnership, who must be a natural person resident of this state, a domestic corporation or a foreign corporation authorized to do business in this state.

      2.  Every such agent for service of process shall [, within 10 days after acceptance of an initial appointment,] file a certificate thereof in the office of the secretary of state.

      3.  Within 30 days after changing the location of his office from one address to another in this state, an agent for service of process shall file a certificate with the secretary of state setting forth the names of the limited partnerships represented by the agent, the address at which the agent has maintained the office for each of the limited partnerships, and the new address to which the office is transferred.

      4.  Within 30 days after changing the location of the office which contains records for a limited partnership, the agent shall file a notice of the change in address with the secretary of state which sets forth the name of the limited partnership, the previous address of the office and the new address of the office.

      Sec. 146.2.  NRS 88.332 is hereby amended to read as follows:

      88.332  1.  Any person who has been designated by a limited partnership as its agent for service of process and who thereafter desires to resign shall file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the limited partnership for service of process. The execution of the statement must be acknowledged. A resignation is not effective until the signed statement is filed with the secretary of state. The statement of resignation may contain an acknowledged statement by the affected limited partnership appointing a successor agent for service of process for the limited partnership. A certificate of acceptance executed by the new agent, stating the full name, complete street address and, if different from the street address, mailing address of the new agent, must accompany the statement appointing the new agent for service of process.

      2.  Upon the filing of the statement with the secretary of state the capacity of the person as agent for service of process terminates . [, and the secretary of state forthwith shall] If the statement of resignation does not contain a statement by the limited partnership appointing a successor agent for service of process, the resigning agent shall immediately give written notice, by mail, to the limited partnership of the filing of the statement and the effect thereof. The notice must be addressed to a general partner of the partnership other than the agent for service of process.

      3.  If a designated agent for service of process dies, resigns or removes from the state, the limited partnership, within 30 days thereafter, shall file with the secretary of state a certificate [setting] of acceptance, executed by the new agent for service of process. The certificate must set forth the full name , [and] complete street address and, if different from the street address, mailing address of [a] the newly designated resident agent.


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ê1993 Statutes of Nevada, Page 1020 (Chapter 337, AB 387)ê

 

      Sec. 146.3.  NRS 88.350 is hereby amended to read as follows:

      88.350  1.  In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state. The certificate must set forth:

      (a) The name of the limited partnership;

      (b) The address of the office and the name and address of the agent for service of process required to be maintained by NRS 88.330;

      (c) The name and the business address of each general partner;

      (d) The latest date upon which the limited partnership is to dissolve; and

      (e) Any other matters the general partners determine to include therein.

      2.  A certificate of acceptance of appointment of an agent for service of process, executed by the agent, must be filed with the certificate of limited partnership.

      3.  A limited partnership is formed at the time of the filing of the certificate of limited partnership and the certificate of acceptance in the office of the secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been substantial compliance with the requirements of this section.

      Sec. 146.4.  NRS 88.400 is hereby amended to read as follows:

      88.400  1.  When the annual fee for filing the list has been paid, the canceled check received by the limited partnership constitutes a certificate authorizing it to transact its business within this state until the anniversary date of the filing of its certificate of limited partnership in the next succeeding calendar year. If the limited partnership desires a formal certificate upon its payment of the annual fee, its payment must be accompanied by a self-addressed, stamped envelope.

      2.  Each limited partnership which refuses or neglects to file the list and pay the fee within the time provided is in default.

      3.  For default there must be added to the amount of the fee a penalty of [$10,] $15, and unless the filings are made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which filing was required, the defaulting limited partnership, by reason of its default, forfeits:

      (a) The amount of the fee and penalty to the State of Nevada; and

      (b) Its right to transact any business within this state.

      Sec. 146.5.  NRS 88.415 is hereby amended to read as follows:

      88.415  The secretary of state, for services relating to his official duties and the records of his office, shall charge and collect the following fees:

      1.  For filing a certificate of limited partnership, [$75.] $125.

      2.  For filing a certificate of amendment of limited partnership or restated certificate of limited partnership, [$50.] $75.

      3.  For filing a reinstated certificate of limited partnership, $75.

      4.  For filing the annual list of general partners and designation of an agent for service of process, [$30.] $85.

      5.  For filing a certificate of the change of address of an agent for service of process, [$10] $15 plus $1 for each limited partnership he represents.

      6.  For certifying a certificate of limited partnership, an amendment to the certificate, or a certificate as amended where a copy is provided, [$5.] $10.


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ê1993 Statutes of Nevada, Page 1021 (Chapter 337, AB 387)ê

 

      7.  For certifying an authorized printed copy of the limited partnership law, [$5.] $10.

      8.  For certifying the reservation of a limited partnership name, [$5.] $20.

      9.  For executing, filing or certifying any other document, $10.

      10.  For comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, 20 cents for each folio of 100 words of each document or paper compared.

      11.  For copies made at the office of the secretary of state , [from microfiche,] $1 per page.

      12.  For filing a certificate of cancellation of a limited partnership, $30.

      Sec. 146.6.  NRS 88.575 is hereby amended to read as follows:

      88.575  Before transacting business in this state, a foreign limited partnership shall register with the secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and [setting] a signed certificate of acceptance of an agent for service of process. The application for registration must set forth:

      1.  The name of the foreign limited partnership and, if different, the name under which it proposes to register and transact business in this state;

      2.  The state and date of its formation;

      3.  The name and address of [any] the agent for service of process on the foreign limited partnership whom the foreign limited partnership elects to appoint, who must be a natural person who is a resident of this state, a domestic corporation or a foreign corporation having a place of business in, and authorized to do business in this state;

      4.  A statement that the secretary of state is appointed the agent of the foreign limited partnership for service of process if [no agent has been appointed pursuant to subsection 3 or, if appointed,] the agent’s authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence;

      5.  The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership;

      6.  The name and business address of each general partner; and

      7.  The address of the office at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership’s registration in this state is canceled or withdrawn.

      Sec. 147.  Chapter 602 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who has filed a certificate may, upon the termination of the business or his ownership in it, file, with the county clerk where the certificate is on file, a certificate of termination stating that the person who filed the certificate has terminated the business being conducted under the assumed or fictitious name or his ownership in it and the date of the termination.

      2.  The certificate of termination must be signed in the same manner as required by NRS 602.020, except that it is sufficient if signed in the case of a general partnership by only one partner or in the case of a trust by only one trustee.


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

ê1993 Statutes of Nevada, Page 1022 (Chapter 337, AB 387)ê

 

general partnership by only one partner or in the case of a trust by only one trustee.

      3.  Upon the filing of a certificate of termination, the county clerk shall note the termination in the book or other suitable index required by NRS 602.050.

      Sec. 148.  NRS 602.010 is hereby amended to read as follows:

      602.010  1.  Every person [, corporation, firm and general partnership conducting, carrying on or transacting] doing business in this state under an assumed or fictitious name [or designation] which does not show the real name [or names of the corporation or person or persons engaged or interested in such] of each person who owns an interest in the business, must file with the county clerk of each county in which the business is being [carried on, or is intended to be carried on,] conducted, a certificate containing the information required by NRS 602.020.

      2.  A person intending to conduct a business under an assumed or fictitious name may, before initiating the conduct of the business, file a certificate with the county clerk of each county in which the business is intended to be conducted.

      Sec. 149.  NRS 602.020 is hereby amended to read as follows:

      602.020  1.  The certificate [shall state:

      (a) The name or names in full of the corporation or person or persons interested in, or conducting or carrying on, the business, or intending so to do, together with their respective places of residence.

      (b) The fictitious or fanciful name under which the business is being carried on or is proposed to be carried on.] must state the assumed or fictitious name under which the business is being conducted or is intended to be conducted, and if conducted by:

      (a) A natural person, his full name and street address, either residence or business;

      (b) An artificial person required to make annual filings with the secretary of state to retain its good standing, its name as it appears in the records of the secretary of state;

      (c) A general partnership, the full name and street address, either residence or business, of each partner who is a natural person, and if one or more of the partners is an artificial person described in subsection (b), the information required by subsection (b) for each such partner; or

      (d) A trust, the full name and street address, either residence or business, of each trustee of the trust.

      2.  The certificate must be signed [by an officer of the corporation or by each person interested in, or conducting or carrying on, such business, or intending so to do, and acknowledged before some person authorized to take acknowledgments of conveyances of real property.] :

      (a) In the case of a natural person, by him;

      (b) In the case of an artificial person required to make annual filings with the secretary of state to retain its good standing, by a person required to sign the annual filing;

      (c) In the case of a general partnership, by each of the partners who is a natural person, and if one or more of the partners is an artificial person described in subsection (b), by an officer of the corporation or an authorized representative of the artificial person; or


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

ê1993 Statutes of Nevada, Page 1023 (Chapter 337, AB 387)ê

 

      (d) In the case of a trust, by each of the trustees.

      Sec. 150.  NRS 602.030 is hereby amended to read as follows:

      602.030  The certificate must be filed [within] no later than 1 month after the commencement of business [or after the formation of the corporation or general partnership.] under an assumed or fictitious name.

      Sec. 151.  NRS 602.040 is hereby amended to read as follows:

      602.040  On every change in the [members] partners of a general partnership [transacting] or trustee of a trust doing business under [a] an assumed or fictitious name , [or designation,] a new certificate containing the information required by NRS 602.020 must be filed with the county clerk within 1 month after such change.

      Sec. 152.  NRS 602.070 is hereby amended to read as follows:

      602.070  No action may be commenced or maintained by any person, [corporation, firm, or general partnership] mentioned in NRS 602.010, [nor] or by an assignee of such a person, [corporation, firm or partnership,] upon or on account of any contract made or transaction had under [such fictitious or fanciful name or designation, nor] the assumed or fictitious name, or upon or on account of any cause of action arising or growing out of the business [so carried on under such name or designation, unless prior to] conducted under that name, unless before the commencement [thereof] of the action the certificate required by [this chapter] NRS 602.010 has been filed.

      Sec. 153.  NRS 602.090 is hereby amended to read as follows:

      602.090  [Any corporation or person or persons conducting, carrying on or transacting] A person doing business in this state [contrary to the provisions of this chapter, or] without complying with the requirements of this chapter [,] or having falsely filed a certificate of termination, is guilty of a misdemeanor.

      Sec. 154.  1.  NRS 82.191 and 82.361 are hereby repealed.

      2.  NRS 78.160, 78.206, 78.2065, 78.400, 78.735, 78.775, 80.130, 80.230, 82.366, 82.391, 82.441, 86.191 and 86.271 are hereby repealed.

      Sec. 155.  1.  The legislature finds as facts that:

      (a) When Assembly Bill No. 655 was enacted into law as chapter 442, Statutes of Nevada 1991, the legislature was unaware that certain of the provisions thereof applicable to corporations for public benefit would materially and adversely affect the operations of many charitable foundations located in this state; and

      (b) The public detriment which would be suffered from the application of those provisions to those charitable foundations outweighs the public benefit otherwise expected to be derived from those provisions when enacted.

      2.  Sections 97 to 100, inclusive, and subsection 1 of section 154 of this act, which remove those provisions from the statutes of this state, become effective upon passage and approval and apply retroactively to October 1, 1991.

      3.  Section 58 of this act becomes effective at 12:01 a.m. on October 1, 1993.

      4.  All other provisions of this act become effective on October 1, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1024ê

 

CHAPTER 338, AB 522

Assembly Bill No. 522—Committee on Judiciary

CHAPTER 338

AN ACT relating to arbitration of civil cases; consolidating the provisions regarding mandatory arbitration of certain civil cases; providing governmental immunity for persons who serve as arbitrators under the court-annexed program of arbitration; providing for the continued applicability of the provision regarding the right to trial after arbitration under the Uniform Arbitration Act; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 38.015 is hereby amended to read as follows:

      38.015  NRS 38.015 to 38.205, inclusive, and 38.235 may be cited as the Uniform Arbitration Act.

      Sec. 2.  NRS 38.250 is hereby amended to read as follows:

      38.250  [Except as otherwise provided in NRS 38.215, all]

      1.  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 38.253, 38.255 and 38.258.

      2.  A civil action for damages filed in justice’s court may be submitted to arbitration if the parties agree, orally or in writing, to the submission.

      Sec. 3.  NRS 38.253 is hereby amended to read as follows:

      38.253  1.  The supreme court shall adopt rules to provide for the establishment of a program of arbitration pursuant to NRS 38.250.

      2.  The supreme court, in association with the [National Judicial College and] State Bar of Nevada [and] or 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.

      5.  For the purposes of NRS 41.031 to 41.039, inclusive, a person serving as an arbitrator shall be deemed an employee of the court while in the performance of his duties under the program.

      Sec. 4.  NRS 38.215, 38.225 and 38.245 are hereby repealed.

      Sec. 5.  This act becomes effective on July 1, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 1025ê

 

CHAPTER 339, AB 538

Assembly Bill No. 538—Committee on Natural Resources, Agriculture and Mining

CHAPTER 339

AN ACT relating to watercraft; prohibiting the operation of a vessel within a certain distance of a diver’s flag; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 488.310 is hereby amended to read as follows:

      488.310  1.  A person shall display a diver’s flag when diving or swimming below the water’s surface with the aid of a breathing device. The diver’s flag must be:

      (a) At least 12 inches in height by 12 inches in width with a red background and a white diagonal stripe that is one-fifth the width of the flag;

      (b) Attached to a float, buoy or boat which is visible to approaching vessels and which, between sunset and sunrise, has a light attached; and

      (c) Prominently displayed within 100 feet of the location of the diver or swimmer.

      2.  A person shall not display a diver’s flag on the waters of this state unless he is diving or swimming below the water’s surface with the aid of a breathing device, in the vicinity of the diver’s flag.

      3.  [A] Except in the case of an emergency, a person shall not operate a vessel other than the diver’s support vessel within [200] 100 feet of a diver’s flag . [unless the vessel is operated]

      4.  Except in the case of an emergency, a person who operates a vessel at a distance of more than 100 feet but less than 200 feet of a diver’s flag shall operate that vessel at a speed that leaves a flat wake, but in no case may the vessel be operated at a speed greater than 5 nautical miles per hour.

 

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ê1993 Statutes of Nevada, Page 1026ê

 

CHAPTER 340, SB 195

Senate Bill No. 195—Committee on Finance

CHAPTER 340

AN ACT relating to motorboats; increasing the fee for a certificate of ownership; providing for the renewal of a certificate of number by the purchase of a validation decal; providing a fee for a validation decal and a duplicate validation decal; increasing the fee for the issuance of a number for a motorboat operated by manufacturers and dealers; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department of wildlife on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the department of wildlife may require.

The department of wildlife shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of [$5] $15 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet.................................................................................. $10

13 feet or more but less than 18 feet ..................................................  15

18 feet or more but less than 22 feet................................................... 30

22 feet or more but less than 26 feet................................................... 45

26 feet or more but less than 31 feet................................................... 60

31 feet or more ......................................................................................  75

 

Except as otherwise provided in this subsection, all fees received by the department of wildlife under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the department of wildlife shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.


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

ê1993 Statutes of Nevada, Page 1027 (Chapter 340, SB 195)ê

 

      3.  A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The fee for issuing a duplicate validation decal is $10.

      4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      [4.]5.  The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      [5.]6.  The commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The fee for each such number is [$7.50.] $15.

      Sec. 2.  NRS 488.125 is hereby amended to read as follows:

      488.125  1.  Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 1 year unless sooner terminated or discontinued in accordance with the provisions of this chapter.

      2.  Certificates of number may be renewed by the owner [in the same manner provided for in the initial securing of the same.] pursuant to subsection 3 of NRS 488.075.

      Sec. 3.  This act becomes effective on January 1, 1994.

 

________

 

 

CHAPTER 341, SB 238

Senate Bill No. 238—Committee on Finance

CHAPTER 341

AN ACT making a supplemental appropriation to the supreme court of Nevada for the support of the commission on judicial selection; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

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 supreme court of Nevada the sum of $4,333 for the support of the commission on judicial selection. This appropriation is supplemental to that made by section 17 of chapter 494, Statutes of Nevada 1991, at page 1495.

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

 

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

ê1993 Statutes of Nevada, Page 1028ê

 

CHAPTER 342, SB 239

Senate Bill No. 239—Committee on Finance

CHAPTER 342

AN ACT relating to watercraft; increasing the amount of money that a person who awards certificates of number for watercraft may retain from the fee paid for the certificate; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 488.115 is hereby amended to read as follows:

      488.115  1.  The department of wildlife may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts the authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any regulations of the commission, is valid as if awarded directly by the department of wildlife. At the time an agent forwards the money collected to the department of wildlife he may retain [the amount set by the department of wildlife for awarding certificates of number, which must not exceed 10 percent of the money collected nor more than 25] 50 cents per certificate of number . [in any instance.]

      2.  All records of the department of wildlife made or kept pursuant to this section are public records.

      Sec. 2.  This act becomes effective on January 1, 1994.

 

________

 

 

CHAPTER 343, SB 280

Senate Bill No. 280—Committee on Government Affairs

CHAPTER 343

AN ACT relating to state parks; creating an account for Lake Tahoe Nevada State Park; authorizing the administrator of the division of state parks to expend the money in the account for the repair, operation and maintenance of the sewer and water systems in the park; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The account for Lake Tahoe Nevada State Park is hereby created in the state general fund. Any fees collected at Lake Tahoe Nevada State Park pursuant to subsection 4 of NRS 407.065 for the repair, operation and maintenance of sewer and water systems must be deposited in the account. No other fees collected at Lake Tahoe Nevada State Park may be deposited in the account. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.


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

ê1993 Statutes of Nevada, Page 1029 (Chapter 343, SB 280)ê

 

      2.  The money in the account does not lapse to the state general fund at the end of any fiscal year.

      3.  The money in the account must only be used for the repair, operation and maintenance of the sewer and water systems in Lake Tahoe Nevada State Park.

      4.  The administrator, subject to the approval of the director, may expend money pursuant to subsection 3.

      Sec. 2.  NRS 407.065 is hereby amended to read as follows:

      407.065  The administrator, subject to the approval of the director, may:

      1.  Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public.

      2.  Protect state parks and property controlled or administered by the division from misuse or damage and preserve the peace within those areas. At the discretion of the administrator, rangers and employees of the division have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the division. The administrator may appoint or designate certain employees of the division to have the general authority of peace officers.

      3.  Allow multiple use of state parks and real property controlled or administered by the division for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such regulations as may be adopted in furtherance of the purposes of the division.

      4.  Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees for them. Except as otherwise provided in subsection 1 of section 1 of Senate Bill No. 319 of this session and subsection 1 of section 1 of this act, the fees collected pursuant to this subsection must be deposited in the state general fund. No fees for special services may be collected from bona fide residents of this state who are more than 60 years old. Reasonable proof of age and residence may be required for free use of special services.

      5.  Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the division of public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the division deems fit and proper, but no concessionaire may dominate any state park operation. Rental and lease payments must be deposited in the state general fund.

      6.  Establish such capital projects and construction funds as are necessary to account for the parks improvements program approved by the legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the administrator.

      Sec. 3.  Section 1 of Senate Bill No. 319 of this session is hereby amended to read as follows:

       Section 1.  Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  The account for the division of state parks is hereby created in the state general fund. [Any] Except as otherwise provided in section 1 of Senate Bill No.


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

ê1993 Statutes of Nevada, Page 1030 (Chapter 343, SB 280)ê

 

Senate Bill No. 280 of this session, any amount of fees collected pursuant to subsection 4 of NRS 407.065 in a calendar year, which is in excess of the amounts authorized for expenditure from that revenue source in the division’s budget for the fiscal year beginning in that calendar year, must be deposited in the account for the division of state parks. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

       2.  The money in the account for the division of state parks does not lapse to the general fund at the end of any fiscal year.

       3.  The money in the account for the division of state parks must only be used to repair and maintain state parks, monuments and recreational areas.

       4.  Before the administrator may expend money pursuant to subsection 3:

       (a) For emergency repairs, he must first receive the approval of the director.

       (b) For purposes other than emergency repairs, he must first receive the approval of the director and of the interim finance committee.

 

________

 

 

CHAPTER 344, AB 604

Assembly Bill No. 604—Assemblymen Petrak, Sader, Myrna Williams, Toomin, Smith, de Braga, Kenny, Carpenter, Anderson, Regan, Haller, Bonaventura, Gibbons, Collins, Freeman, Segerblom, Bennett, Schneider, Garner, Hettrick, Neighbors, Heller, Perkins, Augustine, Arberry, Wendell Williams, Giunchigliani, Evans and Humke

CHAPTER 344

AN ACT relating to the support of children; providing a civil penalty for late payment by a parent with an obligation of support; requiring the reporting of certain information regarding occupational licenses; making various other changes; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 125B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If an installment of an obligation to pay support for a child, whether the obligation arises from the judgment of a court of this or another state or from expedited process, becomes delinquent in the amount owed for 1 month’s support, a penalty must be added by operation of this section to the amount of the installment. This penalty must be included in a computation of arrearages by a court of this state and may be so included in a judicial or administrative proceeding of another state.

      2.  The amount of the penalty is 10 percent per annum, or portion thereof, that the installment remains unpaid. Each district attorney or other public agency in this state undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.


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

ê1993 Statutes of Nevada, Page 1031 (Chapter 344, AB 604)ê

 

agency in this state undertaking to enforce an obligation to pay support for a child shall enforce the provisions of this section.

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

      Sec. 2.  Chapter 425 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  A governmental entity which issues a license to do business in this state shall, upon request of the division, submit to the division information regarding the name and address of each natural person who holds such a license and any pertinent changes in that information.

      2.  A board or commission which issues occupational or professional licenses or permits pursuant to Title 54 of NRS shall, upon request of the division, submit to the division information regarding the name and address of each person who holds such a license or permit and any pertinent changes in that information.

      3.  The division shall periodically provide the information obtained pursuant to this section to the district attorneys and other public agencies in this state collecting support for children.

      Sec. 4.  1.  Each district attorney or other public agency in this state collecting support for children shall compare the information received pursuant to section 3 of this act against its cases to identify any person who is in arrears and holds such a license or permit.

      2.  The district attorney or other public agency shall notify each person so identified, by first-class mail, to give him an opportunity to satisfy the claim before notice is given to the issuer of the license or permit of the arrearage.

      3.  If the person does not satisfy the arrearage, the district attorney or other public agency shall report the fact of the arrearage to the issuer of the license or permit. The division shall similarly notify the issuer of the license or permit when the person thereafter pays the arrearage or otherwise satisfies the claim.

      Sec. 5.  1.  This section and sections 2, 3 and 4 of this act become effective October 1, 1993.

      2.  Section 1 of this act becomes effective October 15, 1995.

 

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

ê1993 Statutes of Nevada, Page 1032ê

 

CHAPTER 345, AB 531

Assembly Bill No. 531—Assemblymen Petrak, Regan, Arberry, Anderson, Spitler, Smith, Kenny, Toomin, Haller, Chowning, Perkins, Myrna Williams, Porter, Wendell Williams, Evans, Gregory, de Braga, Carpenter, Hettrick, Bonaventura, Heller, McGaughey, Bennett, Marvel, Lambert, Gibbons, Giunchigliani and Garner

CHAPTER 345

AN ACT relating to elections; limiting the circumstances under which certain special elections may be held; eliminating the authority to hold certain other special elections; authorizing the submission of certain matters to the voters at a primary election; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 295.085 is hereby amended to read as follows:

      295.085  The registered voters of a county [have power:

      1.  To propose] may:

      1.  Propose ordinances to the board and, if the board fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at [an] a primary or general election.

      2.  [To require] Require reconsideration by the board of any adopted ordinance and, if the board fails to repeal an ordinance so reconsidered, to approve or reject it at [an] a primary or general election.

      Sec. 2.  NRS 295.115 is hereby amended to read as follows:

      295.115  1.  When an initiative or referendum petition has been finally determined sufficient, the board shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the board fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the county.

      2.  The vote of the county on a proposed or referred ordinance [shall be held not less than 30 days and not later than 1 year from the date of the final board vote thereon. If no primary or general election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the board shall provide for a special election; otherwise, the vote shall be held at the same time as such primary or general election, except that the board may in its discretion provide for a special election at an earlier date within the prescribed period.] must be held at the next primary or general election. Copies of the proposed or referred ordinance [shall] must be made available at the polls.

      3.  An initiative or referendum petition may be withdrawn at any time [prior to] before the 30th day preceding the day scheduled for a vote of the county or the deadline for placing questions on the ballot, whichever is earlier, by filing with the county clerk a request for withdrawal signed by at least four members of the petitioners’ original committee.


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ê1993 Statutes of Nevada, Page 1033 (Chapter 345, AB 531)ê

 

least four members of the petitioners’ original committee. Upon the filing of [such] that request , the petition [shall have no further force or] has no further effect and all proceedings thereon [shall] must be terminated.

      Sec. 3.  NRS 295.140 is hereby amended to read as follows:

      295.140  Whenever 10 percent or more of the registered voters of any county of this state, as shown by the number of registered voters who voted at the last preceding general election, [shall] express their wish that any act or resolution enacted by the legislature, and pertaining to [such] that county only, be submitted to the vote of the people, they shall file with the county clerk, not less than 4 months before the time set for the next succeeding general election, a petition, which [shall] must contain the names and residence addresses of at least 10 percent of the registered voters of [such] that county, demanding that a referendum vote be had by the people of the county at the next primary or general election [or at any election called for such purpose,] upon the act or resolution on which the referendum is demanded.

      Sec. 4.  NRS 295.160 is hereby amended to read as follows:

      295.160  1.  The county clerk shall file the petition upon its receipt by him. At the next primary or general election [or at the election called for such purpose,] he shall submit the act or resolution, by appropriate questions on the ballot, for the approval or disapproval of the people of [such] that county.

      2.  The county clerk shall publish [such] those questions in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.

      Sec. 5.  NRS 295.200 is hereby amended to read as follows:

      295.200  The registered voters of a city may:

      1.  Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, adopt or reject it at [a] the next primary or general city election [.] or primary or general election.

      2.  Require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, approve or reject it at [a] the next primary or general city election [.] or primary or general election.

      Sec. 6.  NRS 295.215 is hereby amended to read as follows:

      295.215  1.  When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided by law for the consideration of ordinances generally or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the registered voters of the city.

      2.  The vote of the city on a proposed or referred ordinance must be held [not less than 30 days and not later than 1 year after the date of the final vote of the council thereon. If no regular city election is to be held within the period prescribed in this subsection, or if the deadline for placing questions on the ballot has passed when the time for action by the board expires, the council shall provide for a special election. Otherwise the vote must be held at the primary or general city election, except that the council may provide for a special election at an earlier date within the prescribed period.]


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ê1993 Statutes of Nevada, Page 1034 (Chapter 345, AB 531)ê

 

for a special election at an earlier date within the prescribed period.] at the next primary or general city election or primary or general election. Copies of the proposed or referred ordinance must be made available at the polls.

      3.  An initiative or referendum petition may be withdrawn at any time before the 30th day preceding the day scheduled for a vote of the city or the deadline for placing questions on the ballot, whichever is earlier, by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners’ original committee. Upon the filing of that request the petition has no further effect and all proceedings thereon must be terminated.

      Sec. 7.  NRS 218.390 is hereby amended to read as follows:

      218.390  1.  An enrolled joint resolution proposing an amendment to the constitution of the State of Nevada must not be presented to the governor for approval and signature, but must be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he designates in writing.

      2.  The secretary of state shall cause the enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver them to the presiding officer of the house in which the proposed amendment originated at the next ensuing session of the legislature. The enrolled resolution accompanied by the engrossed copy thereof must thereupon be laid before the house for action, and if approved by a majority of the members elected thereto , must again be deposited with and filed by the secretary of state so that it may be placed upon the ballot at the next ensuing general election . [or a special election called by the legislature for that purpose.]

      3.  The history of the joint resolution containing a notation that it has been returned to the house of its origin by the secretary of state must be noted on the engrossed copy of the resolution, and must likewise appear upon the enrolled copy thereof. The enrolled copy must bear the original signatures of the presiding officers and secretary and clerk of the respective houses for both sessions of the legislature at which the proposed amendment to the constitution was considered.

      4.  The secretary of state shall cause all proposed amendments to the constitution to be published in the printed volume of the statutes for each year when they have been considered by the legislature.

      Sec. 8.  NRS 243.470 is hereby amended to read as follows:

      243.470  1.  At the time specified in the notice, the board of county commissioners shall meet and inquire into and determine the sufficiency of the petition and the validity of the signatures thereto, and if sufficient and signed by the required number , the board shall make an order directing that the proposition to remove the county seat to the place named in the petition be submitted to a vote of the qualified electors of the county at the next primary or general election . [, if the same is to occur within 6 months of the time of filing the petition; otherwise at a special election to be called for that purpose at any time not less than 4 months nor more than 6 months from the date of filing the petition with the clerk of the board.]

      2.  No names [shall] may be withdrawn from the petition after the [same] petition has been filed with the clerk of the board of county commissioners except in cases of actual fraud in the procuring of signatures to the [same.] petition.


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ê1993 Statutes of Nevada, Page 1035 (Chapter 345, AB 531)ê

 

      Sec. 9.  NRS 243.480 is hereby amended to read as follows:

      243.480  [1.]  The ballots to be voted at [such election shall] the election must have printed thereon the words “For removal of the county seat to ............” (inserting the name of the place to which removal is proposed) and “Against removal of the county seat to ............” (inserting the name of the place to which removal is proposed). [Such ballots shall] The ballot must be canvassed as in elections for county officers and the returns of [such election shall] the election must be certified by the county clerk to the secretary of state, together with a certified copy of the order of the board of county commissioners and a sworn certificate of the publication thereof, to be filed in the office of the secretary of state.

      [2.  Any special election held pursuant to the provisions of NRS 243.460 to 243.490, inclusive, shall be conducted as nearly as possible in conformity with the general election laws of this state.]

      Sec. 10.  NRS 244.3351 is hereby amended to read as follows:

      244.3351  1.  Except as otherwise provided in subsection 2 of NRS 244.3359, in addition to all other taxes imposed on the [revenues] revenue from the rental of transient lodging, a board of county commissioners may by ordinance, but not as in a case of emergency, impose a tax at the rate of 1 percent of the gross receipts from the rental of transient lodging pursuant to either paragraph (a) or (b) as follows:

      (a) After receiving the approval of a majority of the registered voters of the county voting on the question at a special , primary or general election, the board of county commissioners may impose the tax throughout the county, including its incorporated cities, upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to NRS 278.710, 365.203, 371.045, 373.030 or 377A.020, or any combination thereof.

      (b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special , primary or general district election, the board of county commissioners may impose the tax within the boundaries of the transportation district upon all persons in the business of providing lodging. The question may be combined with a question submitted pursuant to NRS 278.710.

      2.  A special election may be held only if the the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      3.  The ordinance imposing the tax must include all the matters required by NRS 244.3352 for the mandatory tax, must be administered in the same manner, and imposes the same liabilities, except:


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ê1993 Statutes of Nevada, Page 1036 (Chapter 345, AB 531)ê

 

      (a) Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax; and

      (b) The governmental entity collecting the tax must transfer all collections to the county and may not retain any part of the tax as a collection or administrative fee.

      Sec. 11.  NRS 244.3661 is hereby amended to read as follows:

      244.3661  1.  Except as otherwise provided in NRS 704.664, a board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.

      2.  An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.

      3.  The ordinance imposing the tax must provide the:

      (a) Rate or rates of the tax;

      (b) Procedure for collection of the tax;

      (c) Duration of the tax; and

      (d) Rate of interest that will be charged on late payments.

      4.  Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid The county shall enforce the lien in the same manner as provided in NRS 361.565 to 361.730, inclusive, for property taxes.

      5.  A county may:

      (a) Acquire and construct a new facility for the treatment of water for public or private use, or both.

      (b) Finance the project by the issuance of general obligation or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment purchase financing pursuant to NRS 350.800.

      (c) Enter into an agreement with a public utility which provides that:

             (1) Water treatment services provided by the facility will be made available to the public utility; or

             (2) The public utility will operate and maintain the facility,

or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.

      6.  A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.


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ê1993 Statutes of Nevada, Page 1037 (Chapter 345, AB 531)ê

 

      7.  As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.030.

      Sec. 12.  NRS 244A.252 is hereby amended to read as follows:

      244A.252  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, create one or more transportation districts in the unincorporated area of the county. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

      (a) Organize and maintain the district.

      (b) Establish, by ordinance, regulations:

             (1) For the administration of its internal affairs.

             (2) For the employment of professional, technical, clerical and other personnel necessary to carry out its duties.

             (3) For the establishment and alteration of the boundaries of the district.

             (4) Providing for the use of revenue received by the district.

      (c) Hold meetings as the governing body of a district in conjunction with its meetings as the board of county commissioners without posting a separate agenda or posting additional notices of the meetings within the district.

      (d) Cause a special or general district election to be held in the same manner as provided for other such elections in Title 24 of NRS for the purpose of submitting a question pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or both [.] , or cause the question or questions to be submitted at a primary or general state election.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

      3.  The budget of a district created pursuant to this section must comply with the provisions of NRS 354.470 to 354.626, inclusive.

      [3.]4.  All persons employed to perform the functions of a district are employees of the county for all purposes.

      Sec. 13.  NRS 244A.256 is hereby amended to read as follows:

      244A.256  1.  A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (a) of subsection 1 of NRS 244.3351 or paragraph (a) of subsection 1 of NRS 278.710 or pursuant to NRS 371.045 or, with the consent of the regional transportation commission, received from the proceeds of the tax imposed pursuant to NRS 377A.020, or any combination of money from those sources with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.


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ê1993 Statutes of Nevada, Page 1038 (Chapter 345, AB 531)ê

 

for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.

      2.  A county may pledge any money received from the proceeds of taxes imposed pursuant to paragraph (b) of subsection 1 of NRS 244.3351 or paragraph (b) of subsection 1 of NRS 278.710, or any combination of money from those taxes with revenue derived from the project financed with the proceeds of the obligations for whose payment those taxes are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in subsection 1 of NRS 244.33514, if the project for which the securities are issued could be directly funded with the taxes whose proceeds are pledged for the payment of the securities.

      3.  Any money pledged by the county pursuant to subsection 1 or 2 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.

      Sec. 14.  NRS 244A.775 is hereby amended to read as follows:

      244A.775  1.  The board shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 3, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.

      2.  If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before April 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the budget of the department in making its determination of the amount of money necessary to be raised by taxation.

      3.  The maximum rate provided by subsection 1 for the levy of the tax may be increased if the board so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a primary or general election or a special election called for that purpose.

      4.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

      5.  The board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.


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ê1993 Statutes of Nevada, Page 1039 (Chapter 345, AB 531)ê

 

      Sec. 15.  Chapter 266 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 266.290 and 266.386, a special election may be held only if the city council determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

      Sec. 16.  NRS 266.050 is hereby amended to read as follows:

      266.050  Any city now or hereafter organized [under] pursuant to a special charter may surrender that charter and become organized [under] pursuant to this chapter in the following manner:

      1.  Whenever a petition signed by 15 percent of the qualified electors of the city, as they appear from the registration list of qualified electors at the last preceding city election for city officers, is presented to the legislative body of that city, praying that the special charter may be surrendered, and that the city is to be organized [under] pursuant to the provisions of this chapter, the city council shall submit the question at [a special election and appoint a time and place at which the vote must be taken.

      2.  Notice of the special election must be given and the special election must be held and conducted in the same manner as other special city elections.

      3.] the next primary or general municipal election or primary or general state election.

      2.  If a majority of the votes cast at the [special] election are for city organization [under] pursuant to this chapter, the city shall, [from] on the date the results of the election are declared, be deemed to have surrendered its charter and to be organized [under] pursuant to this chapter.

      Sec. 17.  NRS 266.290 is hereby amended to read as follows:

      266.290  1.  The city council may acquire or establish any public utility in the manner provided in this section.

      2.  The council shall enact an ordinance which must set forth fully and in detail:

      (a) The public utility proposed to be acquired or established.

      (b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.

      (c) The proposed manner and terms of payment.

      3.  [Such] The ordinance must be published in full at least once a week for 4 successive weeks in [some] a newspaper of general circulation published in the city.

      4.  At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for [such] that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for [a special election in the city upon] placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether [or not] the proposed ordinance is to be passed.


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ê1993 Statutes of Nevada, Page 1040 (Chapter 345, AB 531)ê

 

ordinance for [such] that purpose which must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for [a special election in the city upon] placement on the ballot at a special election or at the next primary or general municipal election or primary or general state election of the question of whether [or not] the proposed ordinance is to be passed. Thereupon, no such proposed ordinance may be enacted or [be valid or] become effective for any purpose whatsoever, unless at a special election called and held for the purpose or the next primary or general municipal election or primary or general state election, a majority of the votes cast are for the ordinance.

      Sec. 18.  NRS 266.386 is hereby amended to read as follows:

      266.386  1.  Proceedings to sell or lease a city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system.

      2.  The resolution adopted pursuant to the provisions of subsection 1 [shall:

      (a) Call an election for submission of the question of the sale or lease of the electric light and power system;

      (b) Designate whether the election shall be consolidated with the next primary or general city or state election, or shall be a special election which the city council is authorized to call; and

      (c) Fix the date of the election.] must require that the question of the sale or lease of the electric light and power system be submitted to the voters of the city at a special election or the next primary or general municipal election or primary or general state election.

      Sec. 19.  NRS 266.3865 is hereby amended to read as follows:

      266.3865  1.  If the resolution adopted pursuant to [paragraph (b) of subsection 2 of] NRS 266.386 calls a special election, the city clerk shall cause a notice of the election to be published in [some] a newspaper printed in the county and having a general circulation in the city at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.

      2.  The notice of the special election [shall] must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which [shall] must be the same as provided for general elections.

      (c) A statement of the question in substantially the same form as it will appear on the ballots.

      Sec. 20.  NRS 266.775 is hereby amended to read as follows:

      266.775  1.  Whenever one-fourth of the registered voters of any city now existing or hereafter created by general law petition the district court in and for the county [wherein] in which the corporation is situated for the disincorporation of the city, the district court shall cause to be published, for at least 30 days, a notice stating that the question of disincorporating the corporation will be submitted to the registered voters of the corporation at the next city election .


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ê1993 Statutes of Nevada, Page 1041 (Chapter 345, AB 531)ê

 

city election . [, or at a special election as the petition may request, and the] The form of the ballot must be “For Disincorporation” or “Against Disincorporation.” [Not more than one of those elections may be held in 2 years.

      2.  If a special election is requested in the petition, the district court shall set the date of the special election not less than 45 nor more than 60 days after the date of the first publication of notice.

      3.]2.  The registered voters provided for in this section must be determined from the registration lists as taken from the office of the county clerk for all precincts in the city at the last general election held in the county.

      Sec. 21.  NRS 267.030 is hereby amended to read as follows:

      267.030  Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the [legislative authority] governing body of that city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, the [legislative authority shall, within 20 days after ascertaining that the petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of the city, to be held therein on a date not less than 40 days nor more than 50 days after the effective date of the ordinance or resolution, to elect] governing body shall cause 15 qualified electors [, who] to be elected at the next primary or general municipal election or primary or general state election to frame a charter which provides for a commission form of government for the city. The persons elected must have been residents of the city for at least 2 years preceding their election . [, for the purpose of framing a charter for the city, having for its objects the commission form of government therefor.]

      Sec. 22.  NRS 267.040 is hereby amended to read as follows:

      267.040  Nominations of the electors must be made by petition of one-fifth of the qualified voters of the incorporated city. The petition must be filed with the [legislative authority] governing body of the city at least 30 days before the day of the election, as provided for in NRS 267.030. The names of all candidates so filed must be placed upon the official ballots to be voted at the election . [, which must be conducted under the general election laws of the state.]

      Sec. 23.  NRS 267.070 is hereby amended to read as follows:

      267.070  1.  [Upon the affidavits of the publisher and of the person posting copies of the charter being filed with the city clerk of the incorporated city showing that] The governing body of the incorporated city shall cause the proposed charter [has been] to be published once and posted for 30 days [, the legislative authority of the incorporated city shall, within 5 days thereafter,] and provide for the submission [thereof] of the proposed charter to the qualified voters of the incorporated city [.

      2.  The legislative authority of the incorporated city shall give 30 days’ notice in three conspicuous places in the incorporated city which notice must specify the object for which the election is called.

      3.  The election must be conducted under the general election laws of the state.

      4.] at the next primary or general municipal election or primary or general state election.


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ê1993 Statutes of Nevada, Page 1042 (Chapter 345, AB 531)ê

 

      2.  The form of ballot concerning the question of the proposed charter at the election must be: “For the proposed charter,” “Against the proposed charter.”

      [5.]3.  In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented to the voters of the incorporated city and may be voted on separately without prejudice to the others. In submitting the amendments, article or proposition, the form of the ballot must be: “For Article No. ..... of the charter,” “Against Article No. ..... of the charter.”

      Sec. 24.  NRS 267.090 is hereby amended to read as follows:

      267.090  If upon the canvass it is found that a majority of the votes [so] cast at the election were cast in favor of the ratification of the charter, as provided in NRS 267.080, the mayor of the city shall thereupon attach to the charter a certificate in substance as follows:

 

      I,................, mayor of ................, do hereby certify that in accordance with the terms and provisions of section 8 of article 8 of the constitution, and the laws of the State of Nevada, [the ........ of the city of ............, caused a ............ election to be] an election was held on the .......... day of ................, 19..., [for the purpose of electing] at which 15 qualified electors were elected to prepare a charter for the city of ......................; that notice of the election was given in the manner provided by law; that on the .......... day of ..............., 19..., the election was held, and the votes cast [thereat] at that election were canvassed by the [legislative authority] governing body of the city, and the following persons were declared elected to prepare and propose a charter for the city of .................

      That thereafter, on the .......... day of ..............., 19..., the board of electors returned a proposed charter for the city of ................, signed by the following members thereof: .................

      That thereafter the proposed charter was published once in a newspaper and posted in three of the most public places in the city, to wit: For one publication, the publication in a newspaper on the .......... day of ..............., 19..., and was posted on the .......... day of ................, 19...

      That thereafter, on the .......... day of ................, 19..., [at a ............. election called by the legislative authority of the city,] an election was held at which the proposed charter was submitted to the qualified electors of the city, and the returns of the election were canvassed by the [legislative authority thereof] governing body at a meeting held on the .......... day of ................, 19..., and the result of the election was found to be as follows: For the proposed charter, ........ votes; against the proposed charter, ........ votes. Majority for the proposed charter, ........ votes.

      Whereupon the charter was ratified by a majority of the qualified electors voting at the election.

      And I further certify that the foregoing is a full, true and complete copy of the proposed charter [so] voted upon and ratified as aforesaid.


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ê1993 Statutes of Nevada, Page 1043 (Chapter 345, AB 531)ê

 

      In testimony whereof, I hereunto set my hand and affix the corporate seal of the city this .......... day of ................, 19...

                                                                ...................................................................... ,

                                                                Mayor of the city of...................................

 

Attest:.................................................. ,

Clerk of the city of .............................

      Sec. 25.  NRS 267.140 is hereby amended to read as follows:

      267.140  1.  The governing body of an incorporated city having a commission form of government may, on its own motion, and shall, upon receiving a written petition signed by a number of registered voters of the city not less than 25 percent of the number who actually voted at the preceding municipal general election seeking the discontinuance and termination in the city of the commission form of government:

      (a) If the incorporated city has a commission form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted . [, and the date of the election if a special election is chosen.] The governing body shall [then] cause to be posted at two public bulletin boards within the city, not less than 10 days before the date of the election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.

      (b) If the incorporated city has a commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the primary or general municipal election or primary or general state election at which the question is to be submitted . [, and the date of the election if a special election is chosen.] The governing body shall [then] cause to be published once in a newspaper of general circulation in the city , not less than 30 nor more than 60 days before the date of the election , [chosen,] a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city.

      2.  The proposition appearing on the ballot must be in substantially the following terms: “For termination of the commission form of government and repeal of the charter” and “Against termination of the commission form of government and repeal of the charter.”

      3.  [Not more than one of such elections may be held in 2 years.

      4.  The governing body may by resolution make any necessary provision for a special election not inconsistent with the charter and the election laws of this state; otherwise, the election must be held in accordance with the charter and the election laws of this state.

      5.]  Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue has been cast for the discontinuance and termination in the city of the commission form of government and for repeal of the charter, the governing body shall proclaim the charter repealed effective:

      (a) Immediately if the legislature has not enacted a special charter for the city and the provisions of chapter 266 of NRS supersede the provisions of NRS 267.010 to 267.140, inclusive, as to the city; or


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      (b) On the date any special charter of the city enacted by the legislature may become effective.

      [6.]4.  If, following the election and canvass of returns, it is found that a majority of the votes cast on the issue has been cast against the discontinuance and termination in the city of the commission form of government and against the repeal of the charter, the commission form of government and charter continue in [full force and] effect.

      Sec. 26.  NRS 268.010 is hereby amended to read as follows:

      268.010  1.  As used in this section, “city” means an incorporated city.

      2.  An amendment to the charter of a city may be:

      (a) Made by the legislature.

      (b) Proposed and submitted to the registered voters of the city by a majority of the whole governing body, and must be so submitted by a petition signed by registered voters of the city equal to 15 percent or more of the voters who voted at the last preceding general city election, setting forth the proposed amendments.

      3.  An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next primary or general city election or [at a special election.] primary or general state election.

      4.  The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.

      5.  The petition must be filed with the city clerk. It must be in the form and its sufficiency must be determined in the manner provided for city initiative petitions.

      6.  When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative counsel.

      Sec. 27.  NRS 268.448 is hereby amended to read as follows:

      268.448  1.  A city may pledge any money received pursuant to the provisions of NRS 244.3351 or any combination of that money with revenue derived from the project financed with the proceeds of the obligations for whose payment the money and revenue are pledged, including any existing or future extensions or enlargements thereof, for the payment of general or special obligations issued for projects described in paragraph (a) of subsection 2 of NRS 244.33512, if the project for which the obligations are issued could be directly funded with the tax whose proceeds are pledged for the payment of the securities.

      2.  Any money pledged by the city pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.

      Sec. 28.  NRS 268.775 is hereby amended to read as follows:

      268.775  1.  The council shall determine annually the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate not greater than one-half cent per $100 of assessed valuation unless a different rate is established pursuant to subsection 2, which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.


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      2.  The maximum rate provided by subsection 1 for the levy of the tax may be increased if the council so proposes to the registered voters of the district, specifying the proposed rate, and the proposal is approved by a majority of the voters voting on the question at a special election or the next primary or general municipal election or [a special election called for that purpose.] primary or general state election.

      3.  The council shall levy the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the council.

      4.  A special election may be held only if the council determines, by a unanimous vote, that an emergency exists. The determination made by the council is conclusive unless it is shown that the council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the council must be commenced within 15 days after the council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the council to prevent or mitigate a substantial financial loss to the district or city or to enable the governing body to provide an essential service to the residents of the city.

      Sec. 29.  NRS 269.0171 is hereby amended to read as follows:

      269.0171  1.  If the establishment of a town board form of government is proposed by initiative petition, and the proposal is submitted to the electors, the prospective members of the town board must be elected at the same general election in which the proposal is submitted to the electors.

      2.  Any person who is a resident, is a qualified elector and desires to become a candidate for the position of member of a town board must, within the time specified by subsection 3, file in the office of the county clerk a notice of his intention to become [such] a candidate. The notice of intention must show that [such a] the person possesses the qualifications required by this section. Each person filing the notice of intention as required by this section is entitled to have his name placed on the official ballot.

      3.  [If the initiative petition and the election of the members of the town board are submitted to the electors:

      (a) At a special election, the notice of intention required by subsection 2 must be filed at least 30 days before the date of the election.

      (b) At a general election, the] The notice of intention required by subsection 2 must be filed not later than 5 p.m. on the second Tuesday in May of the year in which the election is held.

      4.  If the proposal to establish a town board form of government is approved at the election, members of the town board elected pursuant to this section [shall serve as such] serve as members until the next general election.

      Sec. 30.  NRS 269.550 is hereby amended to read as follows:

      269.550  1.  If the petition presented to the board contains the requisite number of signatures pursuant to subsection 1 of NRS 269.540 and otherwise meets the requirements provided in NRS 269.545, the board may, by ordinance, proceed with the formation of the unincorporated town. The ordinance [shall] must contain a clear designation of the boundaries, a listing of services to be provided and the number of members to be on the town advisory board.


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ê1993 Statutes of Nevada, Page 1046 (Chapter 345, AB 531)ê

 

      2.  If the petition presented to the board contains the requisite number of signatures pursuant to subsection 2 of NRS 269.540, the board may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for [such town, at a special election or] that town at the next succeeding primary or general election. As a part of the question there must be included the statement that an affirmative vote carries with it the assent to be taxed for the service or services indicated in the board’s resolution.

      Sec. 31.  NRS 269.555 is hereby amended to read as follows:

      269.555  The board may, by resolution adopted at a regular meeting, provide for submission of the question of the formation of an unincorporated town to the registered voters residing within the boundaries of the area proposed for [such town, at a special or] the town at the next succeeding primary or general election. As a part of [such question there shall] the question there must be included the statement that the affirmative vote carries with it the assent to be taxed for the service indicated in the board’s resolution.

      Sec. 32.  NRS 269.560 is hereby amended to read as follows:

      269.560  If a majority of the registered voters residing within the boundaries of the proposed unincorporated town and voting on the question in the [special] primary or general election as provided in subsection 2 of NRS 269.550 or in NRS 269.555 approve the question, the board shall by ordinance proceed with the formation of [such] the unincorporated town. The ordinance must contain a clear designation of the boundaries, a listing of the services to be provided and the number of members to be on the town advisory board.

      Sec. 33.  NRS 278.710 is hereby amended to read as follows:

      278.710  1.  A board of county commissio ners may by ordinance, but not as in a case of emergency, impose a tax for the improvement of transportation on the privilege of new residential, commercial, industrial and other development pursuant to [either] paragraph (a) or (b) as follows:

      (a) After receiving the approval of a majority of the registered voters of the county voting on the question at a [regular or] special election or the next primary or general election, the board of county commissioners may impose the tax throughout the county, including any such development in incorporated cities in the county. A county may combine this question with a question submitted pursuant to NRS 244.3351, 365.203, 371.045, 373.030 or 377A.020, or any combination thereof.

      (b) After receiving the approval of a majority of the registered voters who reside within the boundaries of a transportation district created pursuant to NRS 244A.252, voting on the question at a special or general district election [,] or primary or general state election, the board of county commissioners may impose the tax within the boundaries of the district. A county may combine this question with a question submitted pursuant to NRS 244.3351.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.


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ê1993 Statutes of Nevada, Page 1047 (Chapter 345, AB 531)ê

 

action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board of county commissioners to provide an essential service to the residents of the county.

      3.  The tax imposed pursuant to this section must be at such a rate and based on such criteria and classifications as the board of county commissioners determines to be appropriate. Each such determination is conclusive unless it constitutes an arbitrary and capricious abuse of discretion, but the tax imposed must not exceed $500 per single-family dwelling unit of new residential development, or the equivalent thereof as determined by the board of county commissioners, or 50 cents per square foot on other new development. If so provided in the ordinance, a newly developed lot for a mobile home shall be considered a single-family dwelling unit of new residential development.

      [3.]4.  The tax imposed pursuant to this section must be collected before the time a certificate of occupancy for a building or other structure constituting new development is issued, or at such other time as is specified in the ordinance imposing the tax. If so provided in the ordinance, no certificate of occupancy may be issued by any local government unless proof of payment of the tax is filed with the person authorized to issue the certificate of occupancy. Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      [4.]5.  In a county in which a tax has been imposed pursuant to paragraph (a) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;

      (b) [Payment of] The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      [5.]6.  In a transportation district in which a tax has been imposed pursuant to paragraph (b) of subsection 1, the revenue derived from the tax must be used exclusively to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects and underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the district or within such a distance outside those boundaries as is stated in the ordinance imposing the tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;

 


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ê1993 Statutes of Nevada, Page 1048 (Chapter 345, AB 531)ê

 

tax, if the board of county commissioners finds that such projects outside the boundaries of the district will facilitate transportation within the district;

      (b) [Payment of] The principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      [6.]7.  The county may expend the proceeds of the tax authorized by this section, or any borrowing in anticipation of the tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

      [7.]8.  The provisions of chapter 278B of NRS and any action taken pursuant to that chapter do not limit or in any other way apply to any tax imposed pursuant to this section.

      Sec. 34.  Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 279.626 and 279.636, a special election may be held only if the legislative body of the community determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the legislative body is conclusive unless it is shown that the legislative body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the legislative body must be commenced within 15 days after the legislative body’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the legislative body to prevent or mitigate a substantial financial loss to the community or to enable the legislative body to provide an essential service to the residents of the community.

      Sec. 35.  NRS 279.050 is hereby amended to read as follows:

      279.050  “Blighted area” means an area which, by reason of the presence of a substantial number of slums, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals [,] or welfare in its present condition and use. If such blighted area consists of open land, the conditions contained in subsection [6] 7 of NRS 279.270 [shall] apply. Any disaster area referred to in subsection [9] 10 of NRS 279.270 [shall constitute] constitutes a “blighted area.”

      Sec. 36.  NRS 279.210 is hereby amended to read as follows:

      279.210  “Urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:

      1.  [Shall] Must conform to the general plan for the municipality as a whole except as provided in subsection [9] 10 of NRS 279.270; and


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ê1993 Statutes of Nevada, Page 1049 (Chapter 345, AB 531)ê

 

      2.  [Shall] Must be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan’s relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.

      Sec. 37.  NRS 279.270 is hereby amended to read as follows:

      279.270  1.  A municipality shall not approve an urban renewal project for an urban renewal area unless the governing body has, by resolution, determined [such] the area to be a slum area or a blighted area or a combination thereof and designated [such] the area as appropriate for an urban renewal project. For this purpose and other municipal purposes, [authority is hereby vested in] every municipality [to prepare, to adopt and to] may:

      (a) Adopt and revise, from time to time, a general plan for the physical development of the municipality as a whole, giving due regard to the environs and metropolitan surroundings; [to establish]

      (b) Establish and maintain a planning commission for [such] that purpose and any other related municipal planning activities; and [to make]

      (c) Make available and [to] appropriate the necessary [funds] money therefor.

A municipality shall not acquire real property for an urban renewal project unless the project has been finally approved pursuant to subsection 5 . [hereof.]

      2.  The municipality may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to a municipality. [Prior to] Before its approval of an urban renewal project, the local governing body shall submit [such] the plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within 30 days , [then without such recommendations,] the local governing body may , without recommendations, proceed with the hearing on the proposed urban renewal project prescribed by subsection 3 . [hereof.]

      3.  The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice [shall describe] must:

      (a) Include the time, date, place and purpose of the hearing [, shall generally identify] ;

      (b) Identify generally the urban renewal area covered by the plan [, and shall outline] ; and

      (c) Outline the general scope of the urban renewal project under consideration.


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ê1993 Statutes of Nevada, Page 1050 (Chapter 345, AB 531)ê

 

      4.  Following [such] the hearing, the local governing body may tentatively approve an urban renewal project if it finds that:

      (a) A feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to [such] those families;

      (b) The urban renewal plan conforms to the general plan of the municipality as a whole; and

      (c) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.

      5.  If the local governing body has tentatively approved an urban renewal project, it shall [then submit such] submit the project to the registered voters of the municipality at a [regular or] special election called for that purpose [.] or the next primary or general municipal election or primary or general state election. If a majority of the votes cast on the issue are cast in favor of the project, [it shall stand as] the project is finally approved. If a majority of the votes cast on the issue are cast against the project, the governing body shall proceed no further. A proposed urban renewal project so defeated may be resubmitted to the registered voters of the municipality at a special election or at the next primary or general municipal election or primary or general state election only after the holding of a new public hearing and tentative reapproval in the manner provided by subsections 3 and 4 for original proceedings.

      6.  A special election may be held only if the local governing body determines, by a unanimous vote, that an emergency exists. The determination made by the local governing body is conclusive unless it is shown that the local governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the local governing body pursuant to subsection 1 must be commenced within 15 days after the local governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the local governing body to prevent or mitigate a substantial financial loss to the municipality or to enable the local governing body to provide an essential service to the residents of the municipality.

      7.  If the urban renewal area consists of an area of open land to be acquired by the municipality, [such area shall] that area must not be so acquired unless:

      (a) If it is to be developed for residential uses, the local governing body [shall determine that a] determines that:

             (1) A shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; [that the]

             (2) The need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area; [that the]

             (3) The conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare; and [that the]

 


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ê1993 Statutes of Nevada, Page 1051 (Chapter 345, AB 531)ê

 

disease and crime and constitute a menace to the public health, safety, morals or welfare; and [that the]

             (4) The acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or

      (b) If it is to be developed for nonresidential uses, the local governing body [shall determine that such] determines that the nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives [, which] and that the acquisition may require the exercise of governmental action, as provided in NRS 279.010 to 279.380, inclusive, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of [such] these factors or other conditions which retard development of the area.

      [7.]8.  An urban renewal plan may be modified at any time [; but] except that the area covered may not be enlarged after the plan has been finally approved as provided in subsection 5, and if modified after the lease or sale by the municipality of real property in the urban renewal project area, [such] the modification may be conditioned upon [such] the approval of the owner, lessee or successor in interest as the municipality may deem advisable, and [in any event shall be] is subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert.

      [8.]9.  Upon the approval by a municipality of an urban renewal plan or of any modification thereof, [such] the plan or modification shall be deemed to be in full [force and] effect for the respective urban renewal area and the municipality may [then cause such] cause the plan or modification to be carried out in accordance with its terms.

      [9.]10.  Notwithstanding any other provisions of NRS 279.010 to 279.380, inclusive, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the governor has certified the need for disaster assistance [under] pursuant to the provisions of an Act of Congress entitled “An Act to authorize Federal assistance to state and local governments in major disasters, and for other purposes,” approved September 30, 1950, being c. 1125, 64 Stat. 1109, also designated as 42 U.S.C. §§ 1855 to 1855g, inclusive, as amended or supplemented, or other federal law, the local governing body may approve tentatively as urban renewal plan and an urban renewal project with respect to [such] the area without regard to the provisions of subsections 4 and [6] 7 of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project.

      Sec. 38.  NRS 279.626 is hereby amended to read as follows:

      279.626  Except as otherwise provided in NRS 279.382 to 279.680, inclusive, any general obligation bonds issued by any community pursuant to NRS 279.620 to 279.632, inclusive, [shall] must be authorized and issued in the manner and within the limitations prescribed by law or the charter of the community for the issuance and authorization of [such] the bonds for public purposes generally.


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ê1993 Statutes of Nevada, Page 1052 (Chapter 345, AB 531)ê

 

community for the issuance and authorization of [such] the bonds for public purposes generally. Irrespective of any limitation as to the amount of general obligation bonds which may be issued, a community may issue [such] the bonds for the purposes prescribed in NRS 279.620 to 279.632, inclusive, in excess of the limitation, in such amount as may be authorized by the voters of the community at any special, primary or general [or special election.] election if the community is a county, and at any special election or primary or general municipal election or primary or general state election, if the community is a city.

      Sec. 39.  NRS 279.636 is hereby amended to read as follows:

      279.636  1.  An agency may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

      (a) Exclusively from the income and revenues of the redevelopment projects financed with the proceeds of the bonds, or with [such] those proceeds together with financial assistance from the state or Federal Government in aid of the projects.

      (b) Exclusively from the income and revenues of certain designated redevelopment projects whether or not they were financed in whole or in part with the proceeds of the bonds.

      (c) In whole or in part from taxes allocated to, and paid into a special fund of, the agency pursuant to the provisions of NRS 279.674 to 279.680, inclusive.

      (d) From its revenues generally.

      (e) From any contributions or other financial assistance from the state or Federal Government.

      (f) By any combination of these methods.

      2.  Any of [such] the bonds may be additionally secured by a pledge of any [revenues] revenue or by an encumbrance by mortgage, deed of trust or otherwise of any redevelopment project or other property of the agency or by a pledge of the taxes referred to in subsection 1.

      3.  Amounts payable in any manner permitted by this section may be additionally secured by a pledge of the full faith and credit of the community whose legislative body has declared the need for the agency to function. Such additional security may only be provided upon the approval of the majority of the voters voting on the question at a primary or general election or a special election called for that purpose. In its proposal to its voters the governing body shall define the area to be redeveloped, the primary source or sources of [revenues] revenue first to be employed to retire the bonds and the maximum sum for which the city may pledge its full faith and credit in connection with the bonds to be issued for the project.

      Sec. 40.  Chapter 309 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 309.130, 309.170, 309.180, 309.230, 309.330, 309.333 and 309.390, a special election may be held only if the board of directors of a local improvement district determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.


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ê1993 Statutes of Nevada, Page 1053 (Chapter 345, AB 531)ê

 

challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      Sec. 41.  NRS 309.050 is hereby amended to read as follows:

      309.050  1.  When such a petition is presented, and it [shall appear] appears that the notice of the presentation of the petition has been given and that the petition has been signed by the requisite number of petitioners as required by this chapter, the board of county commissioners shall hold a hearing on the petition and may adjourn [such] the hearing from time to time not exceeding 3 weeks in all.

      2.  Contiguous or neighboring lands that may be benefited by the proposed improvement, not included in [such] the district as described in the petition, may at [such] the hearing, upon application of the holder or holders of title or evidence of title thereto as prescribed in NRS 309.030, be included in [such] the district, and lands described in the petition and lands in the district which may not be benefited by the proposed improvement may, upon similar application, be excluded therefrom [; but] , except that the board of county commissioners shall not modify the boundaries described in the petition so as to change the object of the petition or so as to exempt from the operation of this chapter any land which is benefited by the proposed improvement.

      3.  In the hearing of any such petition the board of county commissioners shall disregard any informalities [therein, and in case it deny the same or dismiss it for any reasons on account of] contained in the petition and if the board denies or dismisses the petition because the provisions of this chapter have not [having] been complied with, which are the only reasons upon which it [shall have the right to] may refuse or dismiss the [same,] petition, it shall state its reasons in writing therefor in detail, which [shall] must be entered upon its records . [, and in case] If the reasons are not well founded , the district court of the county shall issue a writ of mandamus , [shall,] upon proper application therefor, [issue out of the district court of the county compelling it] compelling the board of county commissioners to act in compliance with this chapter . [, which writ shall] The writ must be heard within 20 days [from] after the date of issuance [, such time to] and that time must be excluded from the time given the board of county commissioners to act upon the petition.

      4.  Upon the completion of the hearing, the board of county commissioners shall forthwith make an order denying or granting the prayer of the petition . [, and if the same] If the petition is granted , the board of county commissioners shall, in the order, define and establish the boundaries and designate the name of [such] the proposed district and divide the [same] district into three, five or seven divisions, as prescribed in the petition, as nearly equal in size and number of owners as may be practicable. Thereupon, the board of county commissioners shall, by further order [duly entered upon their record, call an election of] entered upon its record, submit to the qualified electors of the proposed district [to determine whether such] at the next primary or general election the question of whether the district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district.


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ê1993 Statutes of Nevada, Page 1054 (Chapter 345, AB 531)ê

 

election the question of whether the district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district. One director [shall] must be elected from each division by the qualified electors of the district and [shall] must be a qualified elector of the district and holder of title or evidence of title, as prescribed in NRS 309.030, to land within the division from which he is elected. Each division [shall constitute] constitutes an election precinct for the purposes of this chapter [; but] , except that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein.

      5.  The board of county commissioners shall give notice of [such election, which shall be published for 2 weeks prior to such] the election and publish the notice for 2 weeks before the election in a newspaper within the county where the petition is filed. [Such notice shall] The notice must contain the words “Local Improvement District — Yes,” or “Local Improvement District — No,” or words equivalent thereto, and the names of persons to be voted for as directors. [For the purpose of this election the board of county commissioners shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election.]

      6.  The number of directors and the number of divisions of any district organized [under] pursuant to the laws of this state [shall] must not be altered or changed except by a petition of a majority of the qualified electors of the district and a majority of the directors. The record of the board of county commissioners of the proceedings had and taken by it [under] pursuant to the provisions of this chapter [shall be,] is, in the absence of fraud, conclusive evidence of the matters and things therein recited.

      Sec. 42.  NRS 309.060 is hereby amended to read as follows:

      309.060  [1.  Except as otherwise provided in this chapter, all such elections shall be conducted as nearly as may be practicable in accordance with the general election laws of this state, including the right to vote by absent voter’s ballot.

      2.]  The board of county commissioners shall meet on the [2nd] second Monday succeeding the election provided for in NRS 309.050 and proceed to canvass the votes [cast thereat,] and, if upon [such canvass it appear] the canvass it appears that a majority of votes cast were for “Local Improvement District — Yes,” the board, by an order entered upon its minutes, shall declare [such territory duly] the territory organized as an improvement district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for directors to be [duly] elected, and shall cause a copy of [such] the order and a plat of the district, each [duly] certified by the clerk of the board of county commissioners, to be [immediately] filed immediately for record in the office of the county recorder of each county in which any portion of [such lands are] the district is situated, and certified copies thereof [shall] must also be filed with the county [clerk of such counties, and thereafter] clerks of those counties. Thereafter the organization of the district [shall be] is complete.


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ê1993 Statutes of Nevada, Page 1055 (Chapter 345, AB 531)ê

 

      Sec. 43.  NRS 309.130 is hereby amended to read as follows:

      309.130  1.  The board of directors [shall have power:

      (a) To manage] may:

      (a) Manage and conduct the business and affairs of the district.

      (b) [To make] Make and execute all necessary contracts.

      (c) [To employ] Employ and appoint such agents, officers and employees, delegates to conventions, or other representatives in the interest of the district as may be required and prescribe their duties and remunerations.

      (d) [To establish] Establish bylaws, rules and regulations for the district. The bylaws, rules and regulations [shall] must be printed in convenient form for distribution throughout the district.

      2.  The board and its agents and employees [shall have the right to] may enter upon any land to make surveys [,] and may locate the necessary works on any lands which may be deemed best for such a location.

      3.  The board [shall also have the right:

      (a) To acquire, either] may:

      (a) Acquire by purchase, condemnation or other legal means, all lands, rights and other property necessary for the construction, use and supply, operation, maintenance, repair and improvement of the works of the district, including canals and works constructed and being constructed by private owners, lands for reservoirs for the storage of water, and all other works and appurtenances, [either] within or without the State of Nevada. In case of purchase of property the bonds of the district hereinafter provided for may be used in payment of not less than 90 percent of their par value and accrued interest.

      (b) [To acquire] Acquire or contract for the delivery of electric power and electric power or transmission lines [; but] , except that the board shall not [have the power to] acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $15,000 without first [calling a special election thereon] receiving the approval of the voters at a special election, district election or primary state election as provided in this chapter.

      4.  The board may do any [and every] lawful act necessary to be done [in order] to accomplish the things and purposes [herein described.] described in this section.

      5.  The collection, storage, conveyance, distribution and use of water by or through the works of improvement districts hereafter organized, together with the rights of way for sewers, sites for reservoirs, electric power and transmission lines, and all other works and property required to [fully] carry out fully the provisions of this chapter, are hereby declared to be a public use.

      6.  The board of directors [is hereby empowered to] may change the boundaries of one or more divisions of the district [in order to more nearly equalize] to equalize more nearly the number of electors in the respective divisions, whenever in the opinion of the board , it is advisable to so do [; but new lands shall not] , except that no new lands may be included within the district boundaries, and lands within the district boundaries and lands within the district [shall] must not be excluded by such a change of boundaries, except as otherwise provided in this chapter. [Such] The change of division boundaries [shall become] is effective when a certified copy of a resolution making [such] that change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, [shall be] is filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate.


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ê1993 Statutes of Nevada, Page 1056 (Chapter 345, AB 531)ê

 

making [such] that change, attached to a copy of a map or plat of the district delineating the new division boundary lines, both being certified as correct by the secretary of the district, [shall be] is filed in the office of the county recorder of the county in which the division whose boundaries have been so changed is situate.

      7.  The board [is hereby authorized and empowered to] may institute, maintain and defend, in the name of the district, [any and] all actions and proceedings, suits at law and in equity.

      Sec. 44.  NRS 309.170 is hereby amended to read as follows:

      309.170  1.  As soon as practicable after the organization of a district, the board of directors shall, by a resolution entered on its records, formulate a general plan of its proposed operations in which it shall state what constructed works or other property it proposes to purchase and the cost of purchasing the [same, and also] property and what construction work it proposes to do, and how it proposes to raise the [funds] money for carrying out [such] the general plan. The board shall cause such surveys and examinations to be made as will furnish a proper basis for an estimate of the cost of carrying out the construction work. All such surveys, examinations, maps, plans and estimates [shall] must be made under the direction of a competent engineer and certified by him. Upon receiving his report the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and the construction of works . [, and shall immediately thereafter call a special election at which shall be submitted] The board shall, at a special election or the next district election or primary state election, submit to the electors of the district possessing the qualifications prescribed by this chapter the question of whether [or not] the expense shall be authorized and whether by bond issue or otherwise.

      2.  Notice of [such] the election must [be given by posing notices in 3 public places in which election precinct in the district not less than 15 nor more than 20 days before the date of election, and the publication thereof for 3 weeks in some newspaper published in the county where the district was organized. Such notice shall] specify the time of holding the election, the amount of bonds proposed to be issued [, and shall state in substance] and a statement that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board.

      3.  The election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this chapter governing the election of officers, and no informalities in conducting [such an election shall invalidate the same if it shall have been] the election will invalidate the election if it was otherwise fairly conducted.

      4.  At [such an] the election the ballot [shall] must contain the words “................ (Question) Yes,” or “................ (Question) No,” or words equivalent thereto. If two-thirds or more of the votes cast are “Yes,” the board of directors [shall be authorized to] may incur the expense, and, if a bond [issued be] issue is authorized, shall cause bonds in the amount authorized to be issued. If more than one-third of the votes cast at any bond election are “No,” the result of [such election shall] the election must be so declared and entered of record. Thereafter, whenever the board in its judgment deems it [for] in the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, [shall] be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit [such] that question to the electors in the same manner and with like effect as [at such] the previous election, but no question [shall] may be resubmitted to the electors within 1 year after the [same] question has been voted upon and rejected.


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ê1993 Statutes of Nevada, Page 1057 (Chapter 345, AB 531)ê

 

bonds in such amount, or in any other amount, [shall] be submitted to the electors it shall so declare of record in its minutes, and may thereupon submit [such] that question to the electors in the same manner and with like effect as [at such] the previous election, but no question [shall] may be resubmitted to the electors within 1 year after the [same] question has been voted upon and rejected.

      Sec. 45.  NRS 309.180 is hereby amended to read as follows:

      309.180  1.  The bonds authorized by vote must be designated as a series, and the series must be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time must be designated as an issue and each issue must be numbered in its order. The bonds of [such] that issue must be numbered consecutively commencing with those earliest falling due. They must be negotiable in form and payable in money of the United States and in such amounts and maturing at such time or times, not exceeding 20 years, as the board of directors may prescribe. Interest coupons must be attached thereto, and all bonds and coupons must be dated on January 1 or July 1 next following the date of their authorization . [, and they] The bonds must bear interest at a rate which does not exceed by more than 3 percent the Index of Twenty Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually on January 1 and July 1 of each year. The principal and interest must be payable at the place designated therein. Each bond must be of a denomination of not less than $100 nor more than $1,000, and must be signed by the president and secretary, and the seal of the district affixed thereto. Coupons attached to each bond must be signed by the secretary. The bonds must express on their face that they were issued by the authority of this chapter, naming it, and must also state the number of the issue of which the bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received [,] and the name of the purchaser.

      2.  In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plan by levy or assessment [therefor; but] , except that when the money obtained by any previous issue of bonds has become exhausted by expenditures authorized by this chapter, and it becomes necessary to raise additional money to carry out the adopted plan, additional bonds may be issued if authorized by the electors of the district at [an] a special election for that purpose [.] or a district election or primary state election. The election must be [called and otherwise] conducted in accordance with the provisions of this chapter [in] with respect to an original issue of bonds.

      3.  The lien for taxes for the payment of interest and principal of any bond series is a prior lien to that of any subsequent bond series. The time for the issuance and maturity of the bonds and the manner of their payment may be otherwise determined and directed if submitted to a vote by the electors of the district at the election authorizing the bonds.

      Sec. 46.  NRS 309.230 is hereby amended to read as follows:

      309.230  1.  The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to [otherwise] carry out the objects and purposes of this chapter.


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ê1993 Statutes of Nevada, Page 1058 (Chapter 345, AB 531)ê

 

construction of works and the acquisition of property and rights and to [otherwise] carry out the objects and purposes of this chapter.

      2.  Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest , they may be disposed of without advertising . [; otherwise] If the bonds cannot be sold at par with accrued interest, notice must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.

      3.  At the time appointed , the board shall publicly open the proposals and sell the bonds to the highest responsible bidder [,] or it may reject all bids . [; but in case] If no bids are received [, or in case] or no award is made, the board thereafter may [either] readvertise the bonds or any part thereof for sale or sell the bonds or any part thereof at private sale, upon any terms not inconsistent with the other provisions of this chapter. In no event may the board sell any of the bonds for less than 90 percent of the par value thereof and accrued interest.

      4.  The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for the construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for [such] the construction, and may enter into contracts providing for the payment of [such] the construction in bonds, which contracts may provide for the payment of a fixed contract price, or the cost of [such] the construction plus a fixed percentage thereof, or the cost of [such] the construction plus a fixed sum, in the discretion of the board, but 90 percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for [such] the construction.

      5.  If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed [for] in the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may [, in its discretion,] cancel the bonds and levy an assessment in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled. Assessments made in lieu of bonds canceled must be collected in the same manner and have the same [force and] effect as other assessments levied [under] pursuant to the provisions of this chapter [; but] , except that such an assessment must not during any 1 year exceed 10 percent of the total bond issue authorized by the district, unless a greater assessment is authorized by a majority vote of the qualified electors of the district voting at a [general election or a] special election called for that purpose [.] or district election or primary state election.

      Sec. 47.  NRS 309.330 is hereby amended to read as follows:

      309.330  1.  The board of directors of a district may at any time when deemed advisable [call a special election and] submit to the qualified electors of the district at a special election, district election or primary state election the question whether [or not] a special assessment shall be levied [for the purpose of raising] to raise money to be applied to any of the purposes provided in this chapter.


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ê1993 Statutes of Nevada, Page 1059 (Chapter 345, AB 531)ê

 

the question whether [or not] a special assessment shall be levied [for the purpose of raising] to raise money to be applied to any of the purposes provided in this chapter.

      2.  [Such election shall be called and the same shall] The election must be held and the result thereof determined and declared in all respects in conformity with the provisions of this chapter in respect to bond elections. The notice [shall] must specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.

      3.  At [such] the election the ballots [shall] must contain the words “Assessment — Yes,” or “Assessment — No.” If two-thirds or more of the votes cast are “Assessment — Yes,” the board shall immediately proceed to apportion the benefits, if [such] that apportionment is to be made, and to levy an assessment sufficient to raise the amount voted. The assessment so levied [shall] must be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for [herein] in this chapter and when received by the treasurer of the district [shall] must be deposited and kept in the construction fund.

      4.  At [such an] the election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre [for the purpose of providing] to provide a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity for [same arises.] repairs and construction arise. In such case if a general description of the proposed undertaking is provided, no plans and specifications [need not be made] are required to be provided in advance . [; a general description of the contemplated undertaking shall be sufficient.] If the proposition [be carried by] is approved by two-thirds of the electors, the board [shall be authorized to levy such] may levy that assessment and [same shall] it must be collected as are other assessments under this chapter. [Moneys] Money realized from [such assessments shall] those assessments must be deposited and kept in the general fund and disbursed by the treasurer in [accord] accordance with the direction of the board or rules and regulations established by it.

      Sec. 48.  NRS 309.333 is hereby amended to read as follows:

      309.333  1.  Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, to carry out the objects or purposes hereof, requiring the creation of a general obligation indebtedness of $5,000 or more, the board shall [order the submission of] submit the proposition of issuing general obligation bonds to the electors of the district at an election held for that purpose [.

      2.  “Elector”] or at the next district election or primary state election.

      2.  As used in this section, “elector” means any person entitled to vote as described in NRS 309.110 [. A] and includes a person who is obligated to pay general taxes under a contract to purchase real property within the district

      [shall be considered as an owner within the meaning of such definition.]


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ê1993 Statutes of Nevada, Page 1060 (Chapter 345, AB 531)ê

 

Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required. The election officials may in their discretion require the execution of voter affidavits in determining [such] qualifications to vote at such bond elections.

      3.  Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.

      4.  There [shall] must be no absentee voting at any such election.

      5.  The resolution required by subsection 1 must include:

      (a) A declaration of public interest or necessity [required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:

      (a) Recite the] ;

      (b) The objects and purposes for which [such] the indebtedness is proposed to be incurred [, the] ;

      (c) The estimated cost of the works or improvements, [as the case may be (] including interest on [such] the general obligation bonds for not exceeding 12 months [from] after their date and including the total of all estimated expenses incidental to their issuance [), the] ;

      (d) The amount of principal of the indebtedness to be incurred therefor [, and the] ;

      (e) The maximum rate of interest to be paid on [such indebtedness.

      (b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of such proposed indebtedness.

      (c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint officers of such election.] the indebtedness; and

      (f) The date of the special election or the next district election or primary state election at which the proposition of issuing general obligation bonds will be submitted to the electors of the district.

      Sec. 49.  NRS 309.336 is hereby amended to read as follows:

      309.336  1.  If it appears from the returns that a majority of the electors of the district who have voted on any proposition submitted [under] pursuant to the provisions of NRS 309.332 to 309.339, inclusive, at [such] the election voted in favor of [such] the proposition, the district [shall thereupon be authorized to] may issue and sell [such] general obligation bonds of the district for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.

      2.  Submission of the proposition of incurring [such] the general obligation indebtedness at [such an election shall not prevent or] a special election, district election or primary state election does not prohibit the submission of the same proposition or other propositions at a subsequent special election, district election or primary state election . [or elections called for such purpose.]


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ê1993 Statutes of Nevada, Page 1061 (Chapter 345, AB 531)ê

 

      Sec. 50.  NRS 309.390 is hereby amended to read as follows:

      309.390  1.  Subject to the provisions of subsection 2, the board of directors [shall have the power to] may sell, lease, contract to sell, or otherwise dispose of the improvements constructed [under] pursuant to the provisions of this chapter.

      2.  Such a sale, lease [,] or contract of sale, or other transaction relating to the disposition or change of control of the property [shall not become effective or valid] is not effective until ratified and approved at a special [election held for that purpose in the same manner that other elections are held under the terms of this chapter and carried] election, district election or primary state election by two-thirds of the votes cast at [such] the election.

      Sec. 51.  NRS 318.118 is hereby amended to read as follows:

      318.118  1.  In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, the board [shall have the power:

      (a) To take] may:

      (a) Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica [either] in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica from [such] that territory migrate or are caused to be carried into the district;

      (b) Subject to the paramount control of any county or city in which the district has jurisdiction, [to] abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica [either] in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats or liver fluke or fasciola hepatica from [such] that territory migrate or are caused to be carried into the district;

      (c) If necessary or proper, in the furtherance of the objects of this chapter, [to] build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and [to] acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights of way, easements, property or material necessary for any of those purposes;

      (d) [To make] Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

      (e) [To enter] Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica exist upon [such] those lands;

      (f) [To abate] Abate public nuisances in accordance with this chapter;

      (g) [To ascertain] Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon [such] those lands;

      (h) [To treat] Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or fasciola hepatica upon [such lands; and

      (i) To sell] those lands;


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ê1993 Statutes of Nevada, Page 1062 (Chapter 345, AB 531)ê

 

      (i) Sell or lease any land, rights of way, easements, property or material acquired by the district; and [to sell]

      (j) Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days’ notice given by publication.

      2.  In connection with the basic power stated in this section, the district [shall have the power:

      (a) To levy] may:

      (a) Levy annually a general (ad valorem) property tax of not exceeding:

             (1) Fifteen cents on each $100 of assessed valuation of taxable property; or

             (2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

      (b) [To levy] Levy a tax in addition to a tax authorized in paragraph (a), if [such] the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to [6,] 7, inclusive.

      3.  The proceeds of any tax levied pursuant to the provisions of this section [shall] must be used for [the] purposes pertaining to the basic purpose stated in this section, including without limitation the establishment and maintenance of:

      (a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

      (b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

      4.  Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of [funds] money required during an ensuring fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

      (a) [Call an election to] At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional [funds;] money;

      (b) Provide the form of the ballot for the election, which [ballot shall] must contain the words “Shall the district vote a tax to raise the additional sum of ........?” or words equivalent thereto;

      (c) Provide the form of the notice of the election and provide for [such] the notice to be given by publication; and

      (d) Arrange other details in connection with the election.

      5.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.


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ê1993 Statutes of Nevada, Page 1063 (Chapter 345, AB 531)ê

 

by the board to prevent or mitigate substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      6.  Except as otherwise provided in this chapter:

      (a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

      (b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

      (c) The board shall canvass the returns of the election at any regular or special meeting held within 5 days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.

      [6.]7.  If a majority of the qualified electors of the district who voted on any proposition authorizing [such] the additional tax voted in favor of [such] the proposition, and the board so declares the result of the election:

      (a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount [shall] must be prorated for each county by the district board in the same way that the district’s original total estimate of [funds] money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

      (b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

      [7.]8.  The district shall not [have the power in connection with the basic power stated in subsection 1:

      (a) To borrow] :

      (a) Borrow money except for short-term financing pursuant to chapter 354 of NRS;

      (b) [To levy] Levy special assessment; [nor

      (c) To fix] or

      (c) Fix any rates, fees or other charges except as otherwise provided in this section.

      [8.]9.  The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at his or their last known address or addresses, as ascertained from any source the board deems reliable, or in the absence of [such] the abatement within a reasonable period [of time] fixed by the board, to cause the district to abate [such] the nuisance, as follows:

      (a) At the hearing the district board shall redetermine whether [or not] the owner [shall] must abate the nuisance and prevent its recurrence, and shall specify a time within which the work [shall] must be completed;


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ê1993 Statutes of Nevada, Page 1064 (Chapter 345, AB 531)ê

 

      (b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

      (c) The cost of abatement [shall] must be repaid to the district by the owner;

      (d) [All sums] The money expended by the district in abating a nuisance or preventing its recurrence [are] is a lien upon the property on which the nuisance is abated or its recurrence prevented;

      (e) Notice of the lien [shall] must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

      (f) An action to foreclose the lien [shall] must be commenced within 6 months after the filing and recording of the notice of lien;

      (g) The action [shall] must be brought by the district board in the name of the district;

      (h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure [shall] must be paid to the district [;] and the surplus, if any, [shall] must be paid to the owner of the property if known, and if not known, [shall] must be paid into the court in which the lien was foreclosed for the use of the owner [when] if ascertained; and

      (i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation [; but] , except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property [under] pursuant to this chapter upon presentation by the district board of a verified claim or bill.

      Sec. 52.  NRS 318.1194 is hereby amended to read as follows:

      318.1194  1.  In any area where a general improvement district has been formed which exercises the powers conferred by NRS 318.1192, in a county having a population of less than 100,000, no franchise may be granted [under] pursuant to NRS 711.190 unless approved by the qualified electors of [such] the district.

      2.  The board of county commissioners of the county where such a district is located shall order that the question of approval of the franchise or certificate be voted upon by the qualified electors of the district [not less than 30 days nor more than 90 days after the franchise is approved by the county commissioners or notice is received of approval by the city council or of readiness to issue the certificate by the public service commission of Nevada. If no regular election is to be held within the period prescribed in this subsection, the board of county commissioners shall provide for a special election; otherwise, the election must be held at the same time as the primary or general election. The general election laws of the state apply to any special election held under the provisions of this section.] at a special election or the next primary or general election.

      3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board of county commissioners is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.


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ê1993 Statutes of Nevada, Page 1065 (Chapter 345, AB 531)ê

 

action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board of trustees to provide an essential service to the residents of the district.

      Sec. 53.  NRS 349.005 is hereby amended to read as follows:

      349.005  As used in NRS 349.010 to 349.070, inclusive [:

      1.  “Bond] , “bond question” means any proposal for the issuance of bonds or otherwise for the incurrence of a loan.

      [2.  “General election” means a general election, primary election and any other regular statewide election.]

      Sec. 54.  NRS 349.010 is hereby amended to read as follows:

      349.010  1.  Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount which does not contravene the limit of indebtedness provided by the constitution of the State of Nevada, the proposal for the bond issue or loan may be submitted to the electors of the state at a special, primary or general [or a special election called for that purpose.] election.

      2.  A special election may be held only if the state board of examiners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the state board of examiners to prevent or mitigate a substantial financial loss to the state or to enable the state to provide an essential service to the residents of the state.

      Sec. 55.  NRS 349.015 is hereby amended to read as follows:

      349.015  1.  Except as otherwise provided in subsection 3, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the bonds are to be issued.

      (d) A disclosure of any:

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued and its probable effect on the tax rate; and

             (2) Requirement relating to the bond question which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) The maximum amount of the bonds.

      (f) The maximum rate of interest.

      (g) The maximum number of years which the bonds are to run.


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ê1993 Statutes of Nevada, Page 1066 (Chapter 345, AB 531)ê

 

      2.  Any election called pursuant to NRS 349.010 to 349.070, inclusive, may be consolidated with a primary or general election.

      3.  If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the general election.

      Sec. 56.  NRS 349.320 is hereby amended to read as follows:

      349.320  1.  [Subject to the provisions of subsections 2, 3, 4 and 5, nothing contained herein shall be construed as authorizing] Except as otherwise provided in subsections 2 to 5, inclusive, this section does not authorize the state to issue any state securities constituting a debt for the purpose of funding or refunding state securities constituting special obligations which do not constitute an indebtedness.

      2.  Any special obligation securities of the state pertaining to any project may be funded or refunded by general obligation securities pertaining to the project only if the state is authorized by law to issue [such] those funding or refunding securities at the time of their issuance, even though the state was not so authorized to issue them at the time of the issuance of any such funded or refunded securities.

      3.  If the issuance of general obligation bonds to defray the cost of the project is conditioned upon their approval by the qualified electors of the state at [an] a special, primary or general election, any general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise, may be issued only if the bonds have been so approved at [an] a special, primary or general election in the manner provided by law.

      4.  If a debt limitation pertains to any general obligation bonds or other securities of the state constituting an indebtedness and relating to any project, no general obligation securities pertaining to the project and creating an indebtedness, by funding or refunding special obligation securities or otherwise (in contradistinction to funding or refunding bonds merely reevidencing an indebtedness formerly evidenced by the securities funded or refunded), [shall] may be issued in a principal amount exceeding [such] that debt limitation.

      5.  No bonds of the state [shall] may be refunded by the issuance of its interim debentures, its notes or its warrants. No interim debentures of the state [shall] may be funded by the issuance of its notes or its warrants.

      Sec. 57.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise permitted by subsection 2, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at [a general election or] a special election called for that purpose [.] or the next primary or general municipal election or primary or general state election.

      2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.


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

ê1993 Statutes of Nevada, Page 1067 (Chapter 345, AB 531)ê

 

this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net [revenues] revenue of a project to be financed by its issue, and the governing body determines that the pledged [revenues] revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may incur this general obligation without an election unless, within 30 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not [fewer] less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Publication must be made once in a newspaper of general circulation in the municipality.

      [3.]4.  A municipality may issue special obligations without an election.

      Sec. 58.  NRS 350.022 is hereby amended to read as follows:

      350.022  1.  Whenever a municipality by ordinance or resolution, as the governing body may determine, has ordered [an election for the submission of] that a proposal to issue or incur general obligations [,] be submitted to the voters at a special election or the next primary or general municipal election or primary or general state election, the clerk shall cause notice of the election to be published in [some] a newspaper printed in and having a general circulation in the municipality once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.

      2.  If no newspaper is printed in the municipality, [then] publication of the notice of election must be made in [some] a newspaper printed in the State of Nevada and having a general circulation in the municipality.

      Sec. 59.  NRS 350.024 is hereby amended to read as follows:

      350.024  1.  Except as otherwise provided in subsection 2, the sample ballot required to be mailed pursuant to NRS 293.565 and the notice of election must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.

      (c) The purposes for which the obligations are to be issued or incurred.

      (d) A disclosure of any:


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

ê1993 Statutes of Nevada, Page 1068 (Chapter 345, AB 531)ê

 

             (1) Future increase or decrease in costs which can reasonably be anticipated in relation to the purposes for which the obligations are to be issued or incurred and its probable effect on the tax rate; and

             (2) Requirement relating to the proposal which is imposed pursuant to a court order or state or federal statute and the probable consequences which will result if the bond question is not approved by the voters.

      (e) The maximum amount of the obligations.

      (f) The maximum number of years which the obligations are to run.

      (g) An estimate of the tax rate necessary to provide for debt service upon the obligations for each date when they are to be issued or incurred. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessor’s estimates.

      2.  Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a primary or general municipal election [. If the election is consolidated with the general election, a primary election or a municipal election, the] or a primary or general state election. The notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.

      3.  If the election is a special election, the clerk shall cause notice of the close of registration to be published in a newspaper printed in and having a general circulation in the municipality once in each calendar week for two successive calendar weeks next preceding the close of registration for the election.

      Sec. 60.  NRS 350.030 is hereby amended to read as follows:

      350.030  1.  If the election is not consolidated with another election, the municipality shall pay the expenses of conducting it. Any proposal to issue or incur general obligations may be submitted on the same ballot as otherwise used at a primary or general municipal election [,] or primary or general state election or may be submitted by separate ballot, as the governing body may determine.

      2.  No defect in the statement of such a proposal other than in the statement of the maximum amount to be authorized invalidates the proposal.

      3.  The qualifications of voters, the manner of registration and voting, and the manner of counting the votes cast are governed by the general election laws insofar as those laws can reasonably be made applicable.

      Sec. 61.  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 primary or 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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ê1993 Statutes of Nevada, Page 1069 (Chapter 345, AB 531)ê

 

      2.  A special election may be held only if the governing body of the local government determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the local government to prevent or mitigate a substantial financial loss to the local government or to enable the governing body to provide an essential service to the residents of the local government.

      3.  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.]4.  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 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 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 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. 62.  NRS 365.203 is hereby amended to read as follows:

      365.203  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election, impose a tax of not more than 4 cents per gallon on fuel for jet or turbine-powered aircraft sold, distributed or used in the county. A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 371.045, 373.030 or 377A.020, or any combination thereof.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.


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

ê1993 Statutes of Nevada, Page 1070 (Chapter 345, AB 531)ê

 

mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      3.  A tax imposed pursuant to this section must be imposed on all taxpayers at the same rate. The county shall not allow any discounts, exemptions or other variance of the rate of the tax for any taxpayer except for the state or a political subdivision of the state.

      [4.]4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      Sec. 63.  NRS 365.545 is hereby amended to read as follows:

      365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to NRS 365.170 or 365.203 must be deposited in the account for taxes on fuel for jet or turbine-powered aircraft in the state general fund and must be allocated monthly by the department to the governmental entity which owns the airport at which the tax was collected, or if the airport is privately owned, to the county in which the airport is located.

      2.  The money so received must be used by the entity receiving it to pay the cost of:

      (a) Transportation projects related to airports, including access on the ground to airports;

      (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

      (c) Any combination of those purposes.

      3.  Money so received may also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a) of subsection 2.

      4.  Any money pledged pursuant to subsection 3 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.

      Sec. 64.  NRS 371.045 is hereby amended to read as follows:

      371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental privilege tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways on 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.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 365,203, 373.030 or 377A.020, or any combination thereof.

      3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.


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

ê1993 Statutes of Nevada, Page 1071 (Chapter 345, AB 531)ê

 

means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

      [4.]5.  Except as otherwise provided in subsection [5,] 6, the county shall use the proceeds of the tax to pay the cost of:

      (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, within the boundaries of the county or within 1 mile outside those boundaries if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county;

      (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

      (c) Any combination of those uses.

      [5.]6.  The county may expend the proceeds of the supplemental privilege tax authorized by this section, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

      [6.]7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

      Sec. 65.  NRS 375.025 is hereby amended to read as follows:

      375.025  1.  In addition to all other taxes imposed on transfers of real property, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, may by ordinance, but not as in a case of emergency, impose a tax at the rate of up to 1/10 of 1 percent of the value thereof on each deed by which any residential lands, tenements or other residential realty is granted, assigned, transferred or otherwise conveyed to or vested in another person, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. A county may combine this question with questions submitted pursuant to NRS 376A.040, 376A.050 and 376A.070 or any combination thereof.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.


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

ê1993 Statutes of Nevada, Page 1072 (Chapter 345, AB 531)ê

 

      3.  The amount of the tax must be computed on the basis of the value of the transferred property as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030, except that he shall deposit all of the proceeds from the tax imposed pursuant to this section in the county general fund to be used in the manner specified in NRS 375.075.

      [3.]4.  Before the tax may be imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by the city council of each incorporated city within the county.

      Sec. 66.  Chapter 376A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 376A.040, 376A.050 and 376A.070, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      Sec. 67.  NRS 376A.040 is hereby amended to read as follows:

      376A.040  1.  In addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners of a county whose population is 100,000 or more but less than 400,000, 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, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.050 and 376A.070 or any combination thereof.

      2.  If a county imposes a sales tax pursuant to this section and NRS 376A.050, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      3.  Before the election may occur, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

      4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.


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ê1993 Statutes of Nevada, Page 1073 (Chapter 345, AB 531)ê

 

during the preceding month to the intergovernmental fund and remit the money to the county treasurer.

      5.  The money received from the tax imposed pursuant to subsection 4 must be retained by the county, or remitted to a city or general improvement district in the county. The money received by a county, city or general improvement district pursuant to this section must only be used to pay the cost of:

      (a) The acquisition of land in fee simple for development and use as open-space land;

      (b) The acquisition of the development rights of land identified as open-space land;

      (c) The creation of a trust fund for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b);

      (d) The principal and interest on notes, bonds or other obligations issued by the county, city or general improvement district for the acquisition of land or development rights of land pursuant to paragraphs (a) and (b); or

      (e) Any combination of the uses set forth in paragraphs (a) to (d), inclusive.

      6.  The money received from the tax imposed pursuant to this section and any applicable penalty or interest must not be used for any neighborhood or community park or facility.

      7.  Any money used for the purposes described in this section must be used in a manner:

      (a) That is consistent with the provisions of the open-space plan adopted pursuant to NRS 376A.020; and

      (b) That provides an equitable allocation of the money among the county and the incorporated cities within the county.

      Sec. 68.  NRS 376A.050 is hereby amended to read as follows:

      376A.050  1.  Except as otherwise provided in subsection 2, in addition to all other taxes imposed on the revenues from retail sales, a board of county commissioners in each county whose population is 100,000 or more but less than 400,000, 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, after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.070 or any combination thereof.

      2.  If a county imposes a sales tax pursuant to this section and NRS 376A.040, the combined additional sales tax must not exceed 1/4 of 1 percent. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      3.  Before the election occurs, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city in the county.

      4.  All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid pursuant to this section must be paid to the department of taxation in the form of remittances payable to the department of taxation.


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ê1993 Statutes of Nevada, Page 1074 (Chapter 345, AB 531)ê

 

taxation in the form of remittances payable to the department of taxation. The department of taxation shall deposit the payments with the state treasurer for credit to the sales and use tax account in the state general fund. The state controller, acting upon the collection data furnished by the department of taxation, shall transfer monthly all fees, taxes, interest and penalties collected during the preceding month to the intergovernmental fund and remit the money to the county treasurer.

      Sec. 69.  NRS 376A.070 is hereby amended to read as follows:

      376A.070  1.  The board of county commissioners in a county whose population is 100,000 or more but less than 400,000, may levy an ad valorem tax at the rate of up to 1 cent on each $100 of assessed valuation upon all taxable property in the county after receiving the approval of a majority of the registered voters of the county voting on the question at a primary, general or special election. The question may be combined with questions submitted pursuant to NRS 375.025, 376A.040 and 376A.050 or any combination thereof. A tax imposed pursuant to this section applies throughout the county, including incorporated cities in the county.

      2.  The department of taxation shall add an amount equal to the rate of any tax imposed pursuant to this section multiplied by the total assessed valuation of the county to the allowed revenue from taxes ad valorem of the county.

      3.  Before the tax is imposed, an open-space plan must be adopted by the board of county commissioners pursuant to NRS 376A.020 and the adopted open-space plan must be endorsed by resolution by the city council of each incorporated city within the county.

      Sec. 70.  NRS 377A.020 is hereby amended to read as follows:

      377A.020  1.  The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation and construction of public roads pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any primary, general or special election. A county may combine the question for mass transportation and public roads with questions submitted pursuant to NRS 244.3351, 278.710, 365.203, 371.045 or 373.030, or any combination thereof. The board shall also submit to the voters any proposal to change the previously approved uses for the proceeds of the tax.

      3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency,” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.


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ê1993 Statutes of Nevada, Page 1075 (Chapter 345, AB 531)ê

 

mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      4.  Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed, which must not be earlier than the first day of the second calendar month following the approval of the question by the voters.

      Sec. 71.  NRS 377A.100 is hereby amended to read as follows:

      377A.100  1.  Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for public mass transportation and construction of public roads may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any bond or security issued under this chapter.

      2.  Any money pledged to the payment of bonds or other securities pursuant to subsection 1 may be treated as pledged revenues of the project for the purposes of subsection [2] 3 of NRS 350.020.

      Sec. 72.  NRS 379.021 is hereby amended to read as follows:

      379.021  1.  Whenever in any county petition or petitions praying for the formation of a county library district and the establishment of a public library therein setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, at [their] its next regular meeting after the petition or petitions are so presented:

      (a) Pass a resolution to the effect that a county library district with properly defined boundaries is to be established and cause to be published a notice thereof in a newspaper of general circulation within the district once a week for a period of 2 weeks; and

      (b) Allow 30 days after the first publication of the notice during which all taxpayers of the district in which the district library is to be situated have the right to file protests with the county clerk.

      2.  If the aggregate of protests is less than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall order the creation of [such] the county library district and the establishment of a public library therein and levy taxes in support and continued maintenance of [such] the library in accordance with subsection 5.

      3.  If the aggregate of protests is more than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall [:

      (a) Proceed] proceed no further with reference to the establishment of a county library district without submitting the question to the voters [; and


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ê1993 Statutes of Nevada, Page 1076 (Chapter 345, AB 531)ê

 

      (b) Hold the election as soon as practicable and as nearly as may be in accordance with the general election laws of the state.] at a primary or general election.

      4.  If the majority of votes cast at the election is against the establishment of the county library district, the question is lost and the board of county commissioners shall proceed no further. If the majority of votes is in favor of the county library district, the board of county commissioners shall, within 10 days after [such] the election, order the creation of the county library district and establishment of a public library therein.

      5.  Upon the creation of a county library district and establishment of a public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district [for the purpose of creating and maintaining] to create and maintain a fund known as the library fund.

      Sec. 73.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 387.3285, 387.3287 and 387.541, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the county.

      Sec. 74.  Chapter 403 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purpose of approving the issuance of bonds for county roads and bridges, a special election may be held only if the board of county highway commissioners determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      Sec. 75.  NRS 403.060 is hereby amended to read as follows:

      403.060  1.  If, at [the general election] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall vote for] approve the issuance of [the bonds, then] bonds for roads and bridges, each of the members of the board, except the clerk of the board, shall receive in addition to his regular salary $10 per month.


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ê1993 Statutes of Nevada, Page 1077 (Chapter 345, AB 531)ê

 

board, except the clerk of the board, shall receive in addition to his regular salary $10 per month.

      2.  The salaries [shall] must be paid out of the county treasury in the manner provided for the payment of county officials.

      Sec. 76.  NRS 403.080 is hereby amended to read as follows:

      403.080  1.  The board shall elect [one of] a clerk from among its members . [clerk.]

      2.  If, at [the general election] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall vote for the issuance of the bonds, then] approve the issuance of bonds for roads and bridges, the clerk shall receive in addition to his regular salary $25 per month. The salary [shall] must be paid out of the county treasury in the manner provided for the payment of county officials.

      3.  The clerk shall:

      (a) Keep a full and complete record of all the proceedings of the board and an accurate account of all expenditures of money . [, which account shall] The account must show the purposes for which, and the persons to whom, the [same] expenditures were ordered expended.

      (b) Immediately after each meeting of the board, or as soon thereafter as may be practical, cause to be printed in a newspaper or newspapers of general circulation in the county, to be designated by the board, all the records and accounts of the board.

      (c) On or about January 1 and July 1 of each year, cause to be published a general statement of all expenditures made by the board.

      (d) Keep his records and accounts in suitable books provided by the county . [, which] The records and accounts [shall] must be open to inspection by any qualified elector.

      (e) Keep an inventory of all machinery, implements and other property purchased for road and bridge work, and [he] shall exercise general care and supervision of the [same.] machinery, implements and other property.

      (f) Perform such other duties as may be prescribed by this chapter or by the board of county highway commissioners.

      Sec. 77.  NRS 403.460 is hereby amended to read as follows:

      403.460  1.  If, at [the general election or the] a primary, general or special election , [called and held for the issuing of county road and bridge bonds,] a majority of the voters of the county [shall] vote against the issuance of the bonds [,] for roads and bridges, and no special county road and bridge fund is thereby created, or if for any other reason the fund is not created, [then] the cost of all county road and bridge work performed [shall] must be paid out of the county general fund by order of the board, if [such work shall have been] that work was performed by the order of and under the direction of the board of county highway commissioners or the county road supervisor, and according to the provisions of this chapter.

      2.  All claims presented to the board of county highway commissioners [shall be duly] must be sworn and subscribed to and attested by the county road supervisor.


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ê1993 Statutes of Nevada, Page 1078 (Chapter 345, AB 531)ê

 

      Sec. 78.  Chapter 450 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 450.043, 450.060, 450.280 and 450.425, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      Sec. 79.  NRS 450.040 is hereby amended to read as follows:

      450.040  1.  Whenever the board of county commissioners of any county is presented with a petition signed by at least 50 percent of the taxpayers in [such] the county or in each of a group of counties asking that an annual tax be levied for the [establishing] establishment and maintenance of a public hospital, at a place in the county or counties named therein, and specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, the board of county commissioners shall forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, and shall submit the proposal to issue bonds for the project to the county general obligation bond commission for each [such county.] of the counties.

      2.  Upon the receipt of the approval thereof of each such commission, each [such] board of county commissioners shall [call a special election for the purpose of submitting] submit the question of issuing bonds for the hospital project designated in the petition to the qualified electors of the county [,] at the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      3.  [The special election must be held in each such county within 60 days after such approval of the commission is received by the board.

      4.]  If the petition designated in subsection 1 indicates the hospital is to serve more than one county, each county designated shall submit to the commission and to the qualified electors of the county a bond question authorizing the issuance of the county’s bonds for the project in a maximum principal amount at least sufficient to defray the county’s proportional share of the maximum amount designated in the petition to be expended for the project based upon the last assessed valuation of the taxable property in the county and [such] the valuation of [such] that property in all the counties designated in the petition.

      Sec. 80.  NRS 450.043 is hereby amended to read as follows:

      450.043  Whenever the board of county commissioners of any county on its own motion desires to establish a county hospital, the board shall:

      1.  Specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site;

      2.  Comply with the provisions of NRS 350.001 to 350.066, inclusive; and


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ê1993 Statutes of Nevada, Page 1079 (Chapter 345, AB 531)ê

 

      3.  Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing bonds for the project to the qualified electors of the county at [an election called for that purpose,] a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      Sec. 81.  NRS 450.060 is hereby amended to read as follows:

      450.060  In all counties where existing hospitals are taken over by a board of hospital trustees, as provided in NRS 450.010 to 450.510, inclusive, additional necessary buildings and sites may be acquired only [by holding an election and voting,] if a bond issue is approved by the voters at a primary, general or special election according to the terms of NRS 450.010 to 450.510, inclusive, as if no hospital then existed . [; but in counties having a population of 100,000 persons] In a county whose population is 100,000 or more, in cases where buildings or parts thereof have been constructed but remain unfinished and unequipped, the board of hospital trustees may complete the building or buildings or part or parts thereof and furnish and equip them from the board’s current receipts, without a bond issue.

      Sec. 82.  NRS 450.280 is hereby amended to read as follows:

      450.280  1.  Whenever the board of hospital trustees of any county deems it advisable that bonds be issued for the enlargement, maintenance, repair, improvement or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and building for the public hospital, equipment and furnishings therefor, and additional sites therefor , [(] or any combination thereof , [),] the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any [or all of such] of those purposes.

      2.  Thereupon the board of county commissioners shall:

      (a) Comply with the provisions of NRS 350.001 to 350.006, inclusive; and

      (b) Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing [such] the bonds to the qualified electors of the county at [an election called for that purpose,] a special election or the next primary or general election, as provided in NRS 350.020 to 350.070, inclusive.

      Sec. 83.  NRS 450.425 is hereby amended to read as follows:

      450.425  1.  The board of county commissioners of a county in which a public hospital is located may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any primary, general or special election.

      2.  Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050, 428.185 and 428.285. The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 354.59811, 428.050 and 428.285 and must be excluded in determining the maximum rate of tax authorized by those sections.


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ê1993 Statutes of Nevada, Page 1080 (Chapter 345, AB 531)ê

 

      Sec. 84.  NRS 474.080 is hereby amended to read as follows:

      474.080  1.  The board of county commissioners shall [then give notice of an election to be held in such proposed district for the purpose of determining whether or not the same shall be organized under] submit the question of whether the proposed district shall be organized pursuant to the provisions of NRS 474.010 to 474.450, inclusive [.] , to the electors of the proposed district at the next primary or general election.

      2.  The notice [shall:] must:

      (a) Designate a name for [such] the proposed district.

      (b) Describe the boundaries of the precincts established therein, when more than one, together with a designation of the polling places and board of election for each precinct.

      (c) Be published once a week for at least 3 weeks previous to [such] the election in a newspaper published or circulated within the boundaries of the proposed district and published within the county in which the petition for the organization of the district was presented.

      (d) Require the electors to cast ballots, which [shall] must contain the words: “........................ County fire protection district—Yes,” or “........................ County fire protection district—No,” or words equivalent thereto, and also the names of one or more persons (according to the division of the proposed district as prayed for in the petition and ordered by the board) to be voted for to fill the office of director.

      Sec. 85.  NRS 474.385 is hereby amended to read as follows:

      474.385  1.  If the board of directors deems it [for] in the best interest of the district that the boundaries of the district be changed as proposed or as [such proposal may be] altered by the exclusion of lands not benefited, the board shall submit the question of [such] the change in boundaries at the next primary or general election to be held in the district, and [shall call an election] at the primary or general election to be held at the same time within the territory to be annexed.

      2.  Notice of the elections [shall] must be given in the same manner as that prescribed for annual elections of directors. The notice of election [shall] must describe the proposed change of the boundaries in such manner and terms that it can readily be traced.

      3.  The ballots cast at the election [shall] must contain the words “For change of boundary,” or “Against change of boundary,” or words equivalent thereto.

      4.  The qualifications for voters [at such elections shall] must be the same as for other elections in the district, and votes by proxy [shall] must be allowed as in such other elections.

      Sec. 86.  NRS 474.420 is hereby amended to read as follows:

      474.420  Upon receiving a petition signed by 25 percent of the owners of land within the district, requesting the dissolution thereof, the board of county commissioners shall, by resolution, [call an election. The election shall be called, noticed and conducted in all respects in a manner similar to that provided for with reference to the formation of such a district.] submit the question of whether the district shall be dissolved at the next primary or general election.


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ê1993 Statutes of Nevada, Page 1081 (Chapter 345, AB 531)ê

 

      Sec. 87.  Chapter 539 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of NRS 539.237, 539.240, 539.243, 539.297, 539.380, 539.397, 539.410, 539.417, 539.433, 539.465, 539.545, 539.557, 539.577, 539.587 and 539.690, a special election may be held only if the board of directors of an irrigation district determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of directors to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      Sec. 88.  NRS 539.045 is hereby amended to read as follows:

      539.045  1.  Upon making an order granting the prayer of the petition as provided in NRS 539.043, the board of county commissioners shall by further order [duly] entered upon its record [call an election of the qualified electors of the proposed district to determine whether such] submit to the qualified electors of the proposed district at the next primary or general election the question of whether that district shall be organized [under] pursuant to the provisions of this chapter, and by [such] that order shall submit the names of one or more persons from each of the divisions of the district to be voted for as directors of the district.

      2.  One director [shall] must be elected from each division by the qualified electors of the district and [shall] be a qualified elector of the district and holder of title, or evidence of title as prescribed in NRS 539.020 and 539.023, to land within the division from which he is elected.

      Sec. 89.  NRS 539.050 is hereby amended to read as follows:

      539.050  For the purpose of the election to organize the district [:

      1.  Each division shall constitute] , each division constitutes an election precinct.

      [2.  The board of county commissioners shall establish a polling place in each election precinct, and shall appoint three qualified electors to act as inspectors of election in each election precinct and shall appoint two qualified electors to act as clerks of election in each election precinct.]

      Sec. 90.  NRS 539.071 is hereby amended to read as follows:

      539.071  1.  Notwithstanding any other provision of this chapter, if an irrigation district operates a federal reclamation project pursuant to a contract with the United States and the project is authorized for purposes in addition to irrigation, the district may expand the number of directors on the board of directors of the district in the manner provided in this section.

      2.  The number of directors may be increased pursuant to this section by a number not to exceed one less than the number of elected directors on the board. The addition of directors pursuant to this section may be proposed by resolution adopted by the board of directors or upon the petition of not less than 51 percent of the qualified electors of the district.


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ê1993 Statutes of Nevada, Page 1082 (Chapter 345, AB 531)ê

 

      3.  The resolution or petition proposing to increase the number of directors must designate the number of additional directors proposed, the interest to be represented by each additional director [,] and the method by which each additional director will be appointed. The interest to be represented by each additional director must be an interest which owns a water right for an authorized purpose of the federal reclamation project.

      4.  The board of directors shall [call a special election to be held within 90 days after the date of the adoption of the resolution or the presentation of the petition to the board of directors, at which election] submit the question of expanding the board of directors in accordance with the resolution or petition [must be submitted] to the qualified electors of the district [.] at the next district election or primary or general state election. Notice of the [special] election must be given in the manner provided in NRS 539.125.

      5.  If the result of the [special] election is in favor of the expansion, the board of directors must be expanded in accordance with the resolution or petition. The new directors must be appointed at the time of the next biennial election of directors, and must determine their respective tenures of office in the manner provided in NRS 539.065. After the initial terms, directors appointed pursuant to this section hold office for a term of 4 years. The successor to a director appointed pursuant to this section must be appointed not later than the biennial election which coincides with the expiration of the director’s term.

      6.  By resolution of the elected directors or by petition of not less than 51 percent of the qualified electors of the district, the directors added pursuant to this section may be eliminated, or the interests they represent or their appointing authorities may be changed, in the same manner that directors are added pursuant to this section.

      Sec. 91.  NRS 539.110 is hereby amended to read as follows:

      539.110  1.  The number of directors and the number of divisions of any district organized pursuant to the laws of this state must not be altered or changed except upon:

      (a) A petition of not less than 51 percent of the qualified electors of the district; or

      (b) A resolution adopted by the board of directors.

      2.  The petition or resolution must prescribe the number of divisions into which the district is proposed to be divided and must be accompanied by a map showing the proposed new division boundaries, which map must be a part of the petition or resolution and must be presented to the board of directors of the district at any regular meeting.

      3.  At its next regular meeting following the presentation of the petition or adoption of the resolution, the board of directors shall prepare or cause to be prepared a map of the district showing the proposed new division boundaries, which map must be placed on file in the office of the district. At least two copies of the map must be posted in other conspicuous places in the district where [such] the maps are available for inspection by all interested persons.

      4.  The board of directors shall [call a special election to be held within 90 days after the date of the presentation of the petition to the board of directors or adoption of the resolution, at which election] submit the question of altering or changing the number of divisions of the district in accordance with the petition [must be submitted] to the qualified electors of the district [.]


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the petition [must be submitted] to the qualified electors of the district [.] at the next district election or primary or general state election. Notice of the [special] election must be given in the manner provided in NRS 539.125, and must include notice of the places where the map showing the proposed new division boundaries may be inspected.

      5.  If the result of the [special] election is in favor of the changes in the number of divisions and division boundaries of the district, the next biennial election of directors is governed by the altered conditions established by the [special] election and the terms of office of all the directors then in office and who were elected or appointed before the altered conditions expire on the second Monday following the biennial election. The new directors then elected shall determine their respective tenures of office in the manner designated in NRS 539.065.

      6.  No petition or resolution to change the number of directors and divisions of a district may be received or considered within a period of 4 years following the date of [the special election.] an election held pursuant to this section.

      Sec. 92.  NRS 539.113 is hereby amended to read as follows:

      539.113  1.  Not later than 60 days [prior to] before any general election of the district, if a petition, signed by the qualified electors of the district equal in number to 35 percent of the qualified electors of the district, requesting that directors from each division of the district [shall] be elected by the qualified electors of [such] that division and not by the qualified electors of the district as a whole, [shall be] is filed with the board of directors, the board shall place upon the ballot of the next [regular] district election or primary or general state election the question of whether [or not] directors from each division shall be elected by the electors of [such] the division and not by the electors of the district as a whole.

      2.  If a majority of the votes cast at the election [shall be] are in favor of [so] electing directors from each division by the electors from that division alone, [then thereafter such shall be the method of electing directors in the district.] thereafter the directors in the district must be elected in that manner.

      Sec. 93.  NRS 539.125 is hereby amended to read as follows:

      539.125  The secretary shall [publish] cause to be published a notice specifying the time and place of [an election.] the election held pursuant to NRS 539.113. The notice must be published in a newspaper published in the county or one of the counties in which the district is located not less than 15 days nor more than 22 days before the election. If no newspaper is published in such a county, the notice must be published in a newspaper which has a general circulation in the county or counties.

      Sec. 94.  NRS 539.237 is hereby amended to read as follows:

      539.237  1.  The board of directors may:

      (a) Generate, produce, transmit and sell electric power or electrical energy in any form in furtherance of the purposes of this chapter.

      (b) Acquire or contract for the delivery of electric power and electric power or transmission lines.

      2.  In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of less than 250,000 acre-feet, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first [calling a special election thereon as provided in NRS 539.240.]


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acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $50,000 without first [calling a special election thereon as provided in NRS 539.240.] obtaining the approval of the electors of the district at a special election, district election or primary or general state election.

      3.  In any irrigation district having a reservoir or reservoirs for the storage of water with a capacity of 250,000 acre-feet or more, the board may not acquire or contract for the construction or acquisition of electric power or transmission lines at a cost exceeding the sum of $100,000 without first [calling a special election thereon as provided in NRS 539.240.] obtaining the approval of the electors of the district at a special election, district election or primary or general state election.

      Sec. 95.  NRS 539.240 is hereby amended to read as follows:

      539.240  1.  Any proposal to enter into a contract for the acquisition of electric power and transmission lines [,] or to lease or construct those lines:

      (a) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of less than 250,000 acre-feet, where the cost of the proposed acquisition, lease or construction exceeds $50,000; or

      (b) Of any irrigation district having one or more reservoirs for the storage of water with a single or combined capacity of 250,000 acre-feet or more, where the cost of the proposed acquisition, lease or construction exceeds $100,000,

must be voted upon at [an election held as nearly as may be] a special election, district election or primary or general state election in the same manner as for the issuance of district bonds.

      2.  Notice of the election must contain, in addition to the information required in the case of ordinary bond elections, a statement of the maximum cost of the proposal, exclusive of penalties and interest, together with a concise general statement and description of the proposed acquisition or construction.

      3.  The ballots must contain a brief statement of the general purpose for which the election is to be held, and the maximum amount of the obligation to be assumed, with the words “................ (Question)—Yes,” and “................ (Question)—No,” or “................ (Question) and bonds—Yes,” and “............... (Question) and bonds—No.”

      4.  If the proposal or the proposal and the issuance of bonds therefor is approved at the election, the board may enter into any contracts in connection with the proposal which it considers necessary, expedient or desirable, including contracts for:

      (a) Construction of the power and transmission lines;

      (b) The sale of the power;

      (c) The transmission of power;

      (d) The operation, maintenance or management of the project; and

      (e) Financing the costs of the project approved in the election as an alternative to or in addition to any bonds to be issued,

but the sum of the amounts which the district is obligated to pay [under such] pursuant to those contracts, excluding payments out of the [revenues] revenue of the project, and any bonds issued must not exceed the amount of the bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.


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bonds approved in the election and interest thereon at a rate not exceeding 5 percent above the Index of Revenue Bonds which was most recently published before the contract is executed, bids are received or a negotiated offer is accepted.

      5.  The board of directors may submit any such contract or proposed contract and bond issue, if any, to the district court of the county where the office of the board is located, to determine the validity thereof and the authority of the board to enter into [such] the contract or acquisition, and the authority for and the validity of the issuance and deposit and transfer of the bonds in the same manner as for the judicial determination of the validity of bonds, and with like effect.

      Sec. 96.  NRS 539.243 is hereby amended to read as follows:

      539.243  No contract for the leasing of any electric powerplant or transmission system owned or controlled by the district [shall] may be made or entered into by the board of directors unless [or until such contract shall have been] the contract is submitted to the qualified electors of the district at a special [election called for that purpose] election, district election or primary or general state election and approved by a majority vote.

      Sec. 97.  NRS 539.297 is hereby amended to read as follows:

      539.297  Any proposal to enter into a contract with the United States for the repayment of money for construction , [moneys,] the cost of a water supply, the operation and maintenance of existing works, or the acquisition of property, and to issue bonds if any are proposed, [shall] must be voted upon at [an election wherein proceedings shall be had insofar as applicable] a special election, district election or primary or general state election in the manner provided in the case of the ordinary issuance of district bonds.

      Sec. 98.  NRS 539.380 is hereby amended to read as follows:

      539.380  The plans and estimates or statement [shall] must be filed with the secretary of the district, accompanied by a request of the local board that [an election be called in the division] the question of whether to authorize the proposed special assessment or assessments and the construction of the proposed works [.] be submitted to the electors of the division at a special election or the next district election or primary or general state election.

      Sec. 99.  NRS 539.397 is hereby amended to read as follows:

      539.397  All the proceedings described in NRS 539.363 to 539.395, inclusive, relating to the local undertakings of a division, including apportionment of benefits for undertakings authorized [by special] at a special election, district election or primary or general state election, may be confirmed in court as a part of the confirmation proceedings [,] or upon petition of the board of directors of the division.

      Sec. 100.  NRS 539.410 is hereby amended to read as follows:

      539.410  The [contract shall first be authorized by a special election held for the purpose in such division and for the purpose of authorizing the] local board of directors shall submit to the electors of the division at a special election, district election or primary or general state election the contract for approval and for authorization to levy an assessment or assessments, as provided in this chapter, to secure the [moneys] money required to carry out the contract, including the amounts that will be due the United States thereunder and that will be required for the construction of the proposed local drains, laterals or other improvements, or for the replacement and extension of existing works or structures.


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laterals or other improvements, or for the replacement and extension of existing works or structures.

      Sec. 101.  NRS 539.417 is hereby amended to read as follows:

      539.417  Where it is proposed that a division [shall] assume only the operation and maintenance of the existing works , [an election shall be held upon the contract in the same manner, but] the contract for the operation and maintenance of the existing works must be submitted to the electors of the division for approval at a special election or the next district election or primary or general state election. The local board of directors, after the contract is made in pursuance of the authority granted in [such election, shall have the power to] the election, may levy assessments or impose tolls and charges annually or otherwise to raise the amounts necessary to carry out the contract and to operate and maintain the works, including amounts to be paid to the United States [under] pursuant to the contract, in the same manner and to the same effect as [can] may be done by the board of directors of the district under the provisions of this chapter.

      Sec. 102.  NRS 539.433 is hereby amended to read as follows:

      539.433  After approval by the department of taxation, the board of directors shall [call a special election in the manner prescribed in this chapter for the calling of special elections and shall fix one or more polling places within the improvement district which is affected by such local improvement.] submit the question of whether the proposed improvement shall be authorized by the electors of the affected improvement district at a special election or the next district election or primary or general state election.

      Sec. 103.  NRS 539.435 is hereby amended to read as follows:

      539.435  [At the special election there shall be submitted to the electors of the improvement district to be affected by such proposed improvement, and upon which lands benefits are to be apportioned, the question] The question submitted to the voters pursuant to NRS 539.433 must be substantially in the following form: Shall the improvement of Local Improvement District No. ........ (briefly describing it) be authorized and the indebtedness therefor, estimated in the sum of ........ dollars, be incurred and paid in the manner following (briefly stating the method of payment, whether by bonds, notes or certificates of indebtedness and the time or times of payment, together with the rate of interest)?

      Sec. 104.  NRS 539.440 is hereby amended to read as follows:

      539.440  After the plan has been approved by the department of taxation and the bond issue or other indebtedness has been authorized at the [special] election, the board of directors of the district shall proceed to apportion the benefits in the manner prescribed in this chapter.

      Sec. 105.  NRS 539.445 is hereby amended to read as follows:

      539.445  If the qualified electors voting at the [special] election vote in favor of [such] the proposed local improvement and the incurring of the indebtedness therefor, and the proceedings are confirmed by the court as prescribed in NRS 539.443, the board of directors [shall be authorized to] may carry out [such] the proposed improvement.


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      Sec. 106.  NRS 539.465 is hereby amended to read as follows:

      539.465  1.  If the proposed plan for the funding or refunding of bonds, notes or certificates of indebtedness is approved by the department of taxation, the board of directors of the irrigation district shall [call an election in the improvement district for the purpose of authorizing the issuance of those funding or refunding bonds.] submit the question concerning authorization of the plan for the funding or refunding of bonds to the electors of the district at a special election or the next district election or primary or general state election.

      2.  The [election must be called and held and the] result of the election must be determined and declared substantially in the same manner as provided by this chapter for the issuance of other bonds of improvement districts in irrigation districts, except that a majority vote only is required for the authorization of those funding or refunding bonds.

      3.  The maturity of the funding or refunding bonds must be fixed by the board of directors of the irrigation district, subject to the approval of the department of taxation, but in no case may the maturity of any of the bonds be more than 40 years from the date thereof. The rate of interest on those bonds must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, payable semiannually.

      Sec. 107.  NRS 539.545 is hereby amended to read as follows:

      539.545  Upon receiving the report of the engineer, the board shall proceed to determine the amount of money necessary to be raised for the purchase of property and construction of works, and shall [immediately thereafter call a special election at which shall be submitted] submit to the electors of the district possessing the qualifications prescribed by this chapter at a special election or the next district election or primary or general state election the question of whether [or not] the expense shall be authorized and whether by bond issue or otherwise.

      Sec. 108  NRS 539.547 is hereby amended to read as follows:

      539.547  1.  Notice of the election must be given by:

      (a) Posting notices in three public places in each election precinct in the district not less than 15 nor more than 20 days before the date of election; and

      (b) Publication thereof for 3 weeks in some newspaper published in the county where the district was organized.

      2.  The notice [shall] of the election held pursuant to NRS 539.545 must specify:

      (a) The time of holding the election.

      (b) The amount of bonds proposed to be issued.

      (c) The maximum rate of interest.

      (d) In substance that such plans and estimates as have been made are on file for inspection by the electors of the district at the office of the board.

      Sec. 109.  NRS 539.557 is hereby amended to read as follows:

      539.557  Thereafter, whenever the board in its judgment deems it for the best interest of the district that the question of the issuance of bonds in such amount, or in any other amount, [shall] be submitted to the electors , it shall so declare of record in its minutes, and [may] thereupon submit [such] the question to the electors at a special election or the next district election or primary or general state election in the same manner and with like effect as at [such] the previous election .


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primary or general state election in the same manner and with like effect as at [such] the previous election . [, but no question shall be resubmitted to the electors within 1 year after the same has been voted upon and rejected.]

      Sec. 110.  NRS 539.577 is hereby amended to read as follows:

      539.577  1.  If for any reason the bonds of a district cannot be sold, or if at any time it shall be deemed [for] in the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may [, in its discretion, cancel the same] cancel the bonds and levy assessments in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy [shall] may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled.

      2.  Assessments made in lieu of bonds canceled [shall] must be collected in the same manner and [shall] have the same [force and] effect as other assessments levied [under] pursuant to the provisions of this chapter . [; but such assessments shall] The assessments must not during any 1 year exceed 10 percent of the total bond issue authorized by [such] the district, unless a greater assessment [shall be] is authorized by a majority vote of the qualified electors of the district voting at a special election or district election or primary or general state election . [or a special election called for that purpose.]

      Sec. 111.  NRS 539.587 is hereby amended to read as follows:

      539.587  1.  In case the money raised by the sale of all the bonds is insufficient for the completion of the plans and works adopted, and additional bonds are not voted, the board of directors shall provide for the completion of the plans by levy of assessment therefor.

      2.  When the money obtained by any previous issue of bonds has become exhausted by expenditures authorized in this chapter, and it becomes necessary to raise additional [moneys] money to carry out the adopted plan, additional bonds may be issued if authorized at [an election for that purpose, which election shall be called and otherwise] a special election or district election or primary or general state election. The election must be conducted in accordance with the provisions of this chapter [in] with respect to an original issue of bonds.

      Sec. 112.  NRS 539.690 is hereby amended to read as follows:

      539.690  1.  The board of directors of a district may , at any time when deemed advisable , [call a special election and] submit to the qualified electors of the district at a special election, district election or primary or general state election the question of whether [or not] a special assessment shall be levied for the purpose of raising money to be applied to any of the purposes provided in this chapter.

      2.  [Such election shall be called and the same shall] The election must be held and the result thereof determined and declared in all respects in conformity with the provisions of this chapter in respect to bond elections.

      3.  The notice [shall] must specify the amount of money proposed to be raised and the purpose for which it is intended to be used, and whether an equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.


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equal rate of assessment or a special apportionment of benefits is to be made in that relation if either is proposed.

      4.  At [such] the election the ballots [shall] must contain the words “Assessment—Yes,” or “Assessment—No.”

      5.  If two-thirds or more of the votes cast are “Assessment—Yes,” the board shall immediately proceed to apportion the benefits, if [such] that apportionment is to be made, and to levy an assessment sufficient to raise the amount voted.

      6.  The assessment so levied [shall] must be entered in the assessment book or books by the secretary of the board and collected in the same manner as other assessments provided for in this chapter and when received by the treasurer of the district [shall] must be deposited and kept in the construction fund.

      7.  At [such an] the election there may be submitted the proposition of authorizing the board of directors to levy each year for a stated number of years assessments not exceeding a stated amount per acre [for the purpose of providing] to provide a fund from which repairs may be made and replacement and extensions of existing works may be constructed and paid for as the necessity [for the same] arises. In [such] that case, if a general description of the proposed undertaking is provided, no plans and specifications [need not be made] are required to be provided in advance . [; but a general description of the contemplated undertaking shall be sufficient.] If the proposition is [carried] approved by two-thirds of the electors , the board [shall be authorized to levy such assessment and the same shall] may levy the assessment and it must be collected as other assessments are collected [under] pursuant to this chapter. [Moneys] Money realized from [such assessments shall] the assessments must be deposited and kept in the general fund and disbursed by the treasurer in [accord] accordance with the direction of the board or rules and regulations established by it.

      Sec. 113.  NRS 539.724 is hereby amended to read as follows:

      539.724  1.  Upon the adoption of the resolution mentioned in NRS 539.722, the board shall [order that an election be held within the district to determine] submit to the voters of the district at the next district election or primary or general state election the question of whether the lands described in the resolution shall be annexed to the district . [, and shall fix the time at which such election shall be held.]

      2.  Notice [thereof shall] of the election must be published [, and such election shall be held, and all things pertaining thereto conducted] and the election conducted in the manner prescribed by this chapter [in case of an election to determine whether bonds of the district shall be issued.] for the issuance of bonds of the district.

      3.  The notice of election [shall] must describe the lands proposed to be annexed to the district.

      4.  The ballots cast at [such election shall] the election must contain the words “for annexation,” or “against annexation,” or expressions equivalent thereto.

      Sec. 114.  NRS 539.750 is hereby amended to read as follows:

      539.750  Upon the filing of a petition with the clerk of the district court of the county where [such] the district was organized, setting forth that an irrigation district should be forthwith dissolved, [such] the petition to be signed by at least 25 percent of the electors owning at least 25 percent of the land in the district, the clerk of the district court shall forthwith obtain an order from the judge of [such] that court, who shall enter an order directing the officers and directors of [such] the irrigation district [forthwith to call an election in the district for the purpose of submitting] to submit to the electors the question of whether [or not such] the district shall be dissolved [.]


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ê1993 Statutes of Nevada, Page 1090 (Chapter 345, AB 531)ê

 

irrigation district should be forthwith dissolved, [such] the petition to be signed by at least 25 percent of the electors owning at least 25 percent of the land in the district, the clerk of the district court shall forthwith obtain an order from the judge of [such] that court, who shall enter an order directing the officers and directors of [such] the irrigation district [forthwith to call an election in the district for the purpose of submitting] to submit to the electors the question of whether [or not such] the district shall be dissolved [.] at the next district election or primary or general state election.

      Sec. 115.  NRS 541.340 is hereby amended to read as follows:

      541.340  1.  Whenever the board of a district incorporated under this chapter , [shall,] by resolution adopted by a majority of the board, [determine] determines that the interests of the district and the public interest or necessity demand the acquisition, construction or completion of any source of water supply, waterworks, or other improvements, or facility, or the making of any contract with the United States, the State of Nevada [,] or other persons [or corporations,] to carry out the objects or purposes of the district, wherein the indebtedness or obligations [shall be created, to satisfy which shall require] required will be a greater expenditure than the ordinary annual income and revenue of the district [shall permit,] permits, the board shall order the submission of the proposition of issuing [such] that obligation or indebtedness, for the purposes set forth in the resolution, to such qualified electors of the district as [shall] have paid a tax on property in the district in the year preceding [such] the election, at [an election held for that purpose.] a special election or the next primary or general election. In the order submitting [such] the propositions to the electors the board shall, if it is proposed that the indebtedness be secured by pledge of any revenues of the district, so state, and shall designate the revenues to be so pledged.

      2.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.

      3.  Any election held for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness may be held separately, or may be consolidated or held concurrently with any other election authorized by law at which such qualified electors of the district [shall be] are entitled to vote.

      [3.  The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution.]

      4.  A resolution adopted pursuant to subsection 1 must, in addition to [such] the declaration of public interest or necessity, [shall recite:] include a statement of:


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      (a) The objects and purposes for which the indebtedness is proposed to be incurred.

      (b) The estimated cost of the works or improvements, as the case may be.

      (c) The amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on [such indebtedness.

      4.] the indebtedness.

      5.  The resolution [shall] must also:

      (a) Fix the date upon which [such election shall] the election will be held and the manner of holding the [same] election and describe the method of voting for or against the incurring of the proposed indebtedness.

      (b) Fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three judges, one of whom shall act as clerk, who shall constitute a board of election for each polling place.

      [5.]6.  The description of precincts may be made by reference to any order [or orders] of the board of county commissioners of the county [or counties] in which the district or any part thereof is situated, or by reference to any previous order or resolution of the board or by detailed description of [such] those precincts. Precincts established by the boards of the various counties may be consolidated for special elections held hereunder.

      [6.  If any such election shall be called to be]

      7.  If the election is held concurrently or consolidated with any other election , [or shall be consolidated therewith,] the resolution calling the election [hereunder need not] is not required to designate precincts or polling places or the names of officers of election, but [shall] must contain a reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom.

      Sec. 116.  NRS 541.350 is hereby amended to read as follows:

      541.350  The resolution provided for in NRS 541.340 [shall] must be published once a week for 2 consecutive weeks, the last publication of which [shall] must be at least 10 days [prior to the date set for] before the election, in a newspaper of general circulation printed and published within the district . [, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.]

      Sec. 117.  NRS 541.360 is hereby amended to read as follows:

      541.360  The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not earlier than 5 days following the date of [such] the election, the returns thereof [shall] must be canvassed and the results thereof declared. If any election held [hereunder shall be] pursuant to NRS 541.340 is consolidated with any primary or general election, the returns thereof [shall] must be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such a primary or general election. The canvassing body [or bodies] shall promptly certify and transmit to the board a statement of the result of the vote upon the proposition submitted [hereunder.] pursuant to NRS 541.340. Upon receipt of [such certificates,] the statement, the board shall tabulate and declare the results of the proposition voted on at the election .


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ê1993 Statutes of Nevada, Page 1092 (Chapter 345, AB 531)ê

 

receipt of [such certificates,] the statement, the board shall tabulate and declare the results of the proposition voted on at the election . [held hereunder.]

      Sec. 118.  NRS 541.370 is hereby amended to read as follows:

      541.370  1.  If it [shall appear] appears from the returns that a majority of the qualified electors of the district who [shall have] voted on any proposition submitted [hereunder at such election] pursuant to NRS 541.340 voted in favor of [such] the proposition, the district [shall thereupon be authorized to incur such] may incur the indebtedness or obligations and enter into [such] the contract for the purpose or purposes and object or objects provided for in the proposition submitted [hereunder and in the resolution therefor,] pursuant to NRS 541.340, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.

      2.  Submission of the proposition of incurring such obligation or other indebtedness at [such an election shall not prevent or] a special, primary or general election does not prohibit submission of the same proposition or other propositions at a subsequent special, primary or general election . [or elections called for such purpose.]

      Sec. 119.  NRS 543.600 is hereby amended to read as follows:

      543.600  1.  In a county whose population is 400,000 or more, the board of county commissioners shall hold public hearings before deciding which one or combination of the powers set forth in subsections [2 and] 3 and 4 is to be used to provide revenue for the support of the district. The method selected must be approved [, in an election held throughout the district,] by a majority of the voters of the district voting on the question [.] at a special, primary or general election.

      2.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the district or county or to enable the board to provide an essential service to the residents of the district.

      3.  The board of county commissioners in such a county may levy and collect taxes ad valorem upon all taxable property in the county. This levy is not subject to the limitations imposed by NRS 354.59811. A district for which a tax is levied pursuant to this subsection is not entitled to receive any distribution of revenue from the supplemental city-county relief tax.

      [3.]4.  The board of county commissioners in such a county may impose a tax of not more than 0.25 percent on retail sales and the storage, use or other consumption of tangible personal property in the county. The ordinance imposing this tax must conform, except as to amount, to the requirements of chapter 377 of NRS and the tax must be paid as provided in that chapter.

      [4.]5.  In any other county, the board of county commissioners may only levy taxes ad valorem upon all taxable property in the district.


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ê1993 Statutes of Nevada, Page 1093 (Chapter 345, AB 531)ê

 

      [5.]6.  In any county, the board of directors may use any other money, including federal revenue sharing, that is made available to the district.

      Sec. 120.  NRS 710.151 is hereby amended to read as follows:

      710.151  1.  Proceedings to sell or lease a county-owned telephone system may be instituted [either] by:

      (a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or

      (b) The adoption of a resolution by the board of county commissioners proposing to sell or lease the system.

      2.  After receipt of a petition provided for in paragraph (a) of subsection 1 [,] or pursuant to a resolution adopted pursuant to the provisions of paragraph (b) of subsection 1, the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next primary or general election for acceptance or rejection by the registered voters of the county.

      3.  The resolution adopted pursuant to the provisions of paragraph (b) of subsection 1 [shall:] must:

      (a) Call an election for submission of the question of the sale or lease of the system;

      (b) Designate whether the election [shall] will be consolidated with the next primary or general election, or [shall] will be a special election which the board of county commissioners is authorized to call; and

      (c) Fix the date of the election.

      4.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

      Sec. 121.  NRS 710.153 is hereby amended to read as follows:

      710.153.  1.  If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.

      2.  Except as otherwise provided in this subsection, the office of the county clerk [shall] must be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.


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ê1993 Statutes of Nevada, Page 1094 (Chapter 345, AB 531)ê

 

elector. During the 5 days preceding the close of registration before such a special election, the office of the county clerk [shall] must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.

      3.  The office of the county clerk [shall] must be opened for registration of voters for [such] the special election from and including the 20th day next preceding [such] the election and up to but excluding the 10th day next preceding [such] the election and during regular office hours.

      Sec. 122.  NRS 710.157 is hereby amended to read as follows:

      710.157  1.  The county clerk may consolidate or otherwise modify voting precincts, shall designate the polling places, [shall] appoint officers of the election for each precinct in such number as he may determine [, and shall] and fix their duties and compensation.

      2.  Any qualified elector who is properly registered [shall be] is qualified to vote at the special election.

      Sec. 123.  NRS 710.159 is hereby amended to read as follows:

      710.159  1.  If at the primary, general or special election it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, three disinterested persons [shall] must be appointed by the district judge of the county to make a [true and] correct appraisement of the gross value of the telephone system.

      2.  Upon the return of the appraisement, the board of county commissioners shall advertise the sale or lease, for a term of years agreed upon by the board, of [such] the telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. The notice [shall] must require sealed bids, to be accompanied by a certified check for at least 5 percent of the sum bid, to be deposited with the county clerk of the county on or before the date stated in the notice. If the notice is for the sale of the telephone system, no bids [shall] may be accepted by the board of county commissioners for a sum less than the amount of the appraisement of the telephone system. If the notice is for the lease of the telephone system, no bids [shall] may be accepted by the board of county commissioners for a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised. If the telephone system is leased, the board shall safeguard the county’s interest by demanding a bond for the faithful performance of the covenants contained in the lease. The board may reject any and all bids made for such a sale or lease.

      Sec. 124.  Section 15 of chapter 844, Statutes of Nevada 1989, at page 2028, is hereby amended to read as follows:

       Sec. 15.  1.  Subject to the approval of the board of supervisors and the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the public interest or necessity requires the issuance of general obligation bonds to purchase, construct, acquire, maintain, improve or equip an airport, the board shall submit the proposition to the voters at [an] a special election or the next primary or general election held pursuant to NRS 350.020 to 350.070, inclusive.


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ê1993 Statutes of Nevada, Page 1095 (Chapter 345, AB 531)ê

 

       2.  [Any such election may be held separately, or may be consolidated or held concurrently with any other election.

       3.]  A special election may be held only if the board of supervisors determines, by a unanimous vote, that an emergency exists. The determination made by the board of supervisors is conclusive unless it is shown that the board of supervisors acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board of supervisors must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of supervisors to prevent or mitigate a substantial financial loss to the authority or Carson City or to enable the board of supervisors to provide an essential service to the residents of Carson City.

       3.  The declaration of public interest or necessity required by this section and the provision for holding the election may be included in one resolution which, in addition to the declaration of public interest or necessity, must:

       (a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, the maximum amount of principal of the indebtedness [,] and the maximum rate of interest to be paid.

       (b) [Fix] Include the date upon which the election will be held and describe the method of voting for or against the proposed indebtedness.

       (c) Fix the compensation to be paid the officers of the election, designate the polling place and appoint, for each polling place from the registered voters of Carson City, three officers of the election, one of whom shall act as clerk.

      Sec. 125.  Section 17 of chapter 844, Statutes of Nevada 1989, at page 2028, is hereby amended to read as follows:

       Sec. 17.  1.  If the proposition is approved, the board may issue and sell bonds of the authority for the purpose recited in the proposition and in the resolution in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.

       2.  Submission of the proposition to incur bonded indebtedness at [an] a special, primary or general election does not [prevent or] prohibit submission of the proposition at any such subsequent election . [called for that purpose.]

      Sec. 126.  Section 21 of chapter 474, Statutes of Nevada 1977, at page 973, is hereby amended to read as follows:

       Sec. 21.  1.  Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the interest of the authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct [,] or otherwise acquire, maintain, improve or equip airports, the board shall order the submission of the proposition of issuing such bonds to the registered voters of the authority at [an election held for that purpose] a special election or the next primary or general election in the manner provided by NRS 350.020 to 350.070, inclusive.


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ê1993 Statutes of Nevada, Page 1096 (Chapter 345, AB 531)ê

 

       2.  [Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by law.

       3.]  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the authority or Washoe County or to enable the board to provide an essential service to the residents of Washoe County.

       3.  The declaration of public interest or necessity required by this section and the provision for the holding of [such] the election may be included within [one and] the same resolution, which [resolution,] in addition to the declaration of public interest or necessity, [shall:] must:

       (a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor [,] and the maximum rate of interest to be paid on the indebtedness.

       (b) [Fix] Include the date upon which the special, primary or general election [shall] will be held and describe the [manner of holding it and the] method of voting for or against the incurring of the proposed indebtedness.

       [(c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint, for each polling place from the electors of the authority, three officers of such election, one of whom shall act as clerk.]

      Sec. 127.  Section 23 of chapter 474, Statutes of Nevada 1977, at page 974, is hereby amended to read as follows:

       Sec. 23.  1.  If it appears from the returns that the registered voters of the authority approved the proposition submitted in the manner provided by NRS 350.070, the authority [shall thereupon be authorized to] may issue and sell [such] bonds of the authority for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in [such] the resolution.

       2.  Submission of the proposition of incurring [such] bonded indebtedness at [such an] a special, primary or general election does not [prevent or] prohibit submission of the proposition or other propositions at any subsequent special, primary or general election . [or elections called for that purpose.]

      Sec. 128.  Section 92 of the charter of Boulder City is hereby amended to read as follows:

       Section 92.  Public parks, recreation areas, parking.

       1.  All public parks, public recreation areas and publicly owned off-street parking areas in existence at the time of incorporation, unless under private lease, [shall] must not be sold, leased or zoned for any other use without approval of the majority of the voters voting at [an election held for that purpose.]


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ê1993 Statutes of Nevada, Page 1097 (Chapter 345, AB 531)ê

 

other use without approval of the majority of the voters voting at [an election held for that purpose.] a special election or primary or general municipal election or primary or general state election.

       2.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud of a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

      Sec. 129.  Section 100 of the charter of Boulder City is hereby amended to read as follows:

       Section 100.  Registered voters’ power of initiative and referendum concerning city ordinances.

       The registered voters of a city [have power:

       1.  To propose] may:

       1.  Propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without change in substance, to adopt or reject it at a primary or general municipal election or primary or general state election.

       2.  [To require] Require reconsideration by the council of any adopted ordinance, and if the council fails to repeal an ordinance so considered, to approve or reject it as a primary or general municipal election [.] or primary or general state election.

      Sec. 130.  Section 102 of the charter of Boulder City is hereby amended to read as follows:

       Section 102.  Results of election.

       1.  If a majority of the registered voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the [election] results of the election and [shall] must be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes [shall prevail] prevails to the extent of [such] the conflict.

       2.  If a majority of the registered voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the [election results.] results of the election.

       3.  No initiative ordinance voted upon by the registered voters [,] or an initiative ordinance in substantially the same form as one voted upon by the people, [shall] may again be placed on the ballot [for three or four years, whichever will coincide with a general or] until the next primary or general municipal election [.] or primary or general state election.


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ê1993 Statutes of Nevada, Page 1098 (Chapter 345, AB 531)ê

 

      Sec. 131.  Section 119 of the charter of Boulder City is hereby amended to read as follows:

       Section 119.  Amending the charter.

       1.  An amendment to this charter:

       A.  May be made by the [state legislature, either] legislature directly by the use of mandatory specific wording [,] or indirectly by the use of wording allowing flexibility in expressing the required change.

             (a) If a statute is enacted which directly amends this [Charter,] charter, such an amendment [will not be] is not subject to public approval as provided in Subsection B [below, but will be entered herein] and must be included in the charter and identified as having been amended by the particular statute involved.

             (b) If a statute is enacted which requires that this [Charter] charter be amended but does not [mandate] require the specific wording to be used, the City Council [will] shall propose a suitable amendment to be submitted to the registered voters of the City as provided in Subsection B . [below.] If such a proposed amendment is not adopted by the voters, it must be redrafted and resubmitted to the voters at one or more special , primary or general city elections or primary or general state elections until an amendment is adopted.

       B.  May be proposed by the City Council and submitted to the registered voters of the City at a special election or the next primary or general city election or [at a special] primary or general state election.

       C.  May be proposed by a petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the latest preceding general city election and submitted to registered voters of the City at a special election or at the next primary or general city election or [at a special] primary or general state election.

       2.  A special election may be held only if the City Council determines, by a unanimous vote, that an emergency exists. The determination made by the City Council is conclusive unless it is shown that the City Council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the City Council must be commenced within 15 days after the City Council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the City Council to prevent or mitigate a substantial financial loss to the city or to enable the City Council to provide an essential service to the residents of the city.

       3.  The City Attorney shall draft any amendment proposed pursuant to Subsections A(b) or B [above,] or , if such a proposed amendment has been previously drafted, the City Attorney [will review such previous draft and will] shall review the previous draft and recommend to the Council any suggested changes or corrections.

       [3.]4.  The City Attorney [will,] shall, upon request, review any amendment intended to be proposed by petition pursuant to Subsection C , [above, will] make only such corrections as are agreed to by the proposers [, and will] and report to the City Council his analysis of the significance and potential effects of the proposed amendment.


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ê1993 Statutes of Nevada, Page 1099 (Chapter 345, AB 531)ê

 

       [4.]5.  A petition for amendment must be in the form specified by state law for City initiative petitions, and must be filed with the City Clerk [no later than six (6) months prior to] not later than 6 months before the date of the primary or general city election or primary or general state election at which the proposed amendment is to be submitted to the voters of the city.

       [5.]6.  When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of the amendment to the legislative council.

      Sec. 132.  Section 138 of the charter of Boulder City is hereby amended to read as follows:

       Section 138.  Sale of public utilities; proviso.

       1.  No public utility of any kind, after having been acquired by the city, [shall] may thereafter be sold or leased by the city, unless the proposition for [such] the sale or lease has been submitted to [a general or special election of] the electors of the city [.] at a special election or primary or general municipal election or primary or general state election. After a majority vote of [such] those electors in favor of [such] the sale, the sale may not be made except after 30 days’ published notice thereof [; and provided, further] , except that the provisions of this section [shall] do not apply to a sale by the council of parts, equipment, trucks, engines and tools, which have become obsolete or worn out, any of which equipment may be sold by the council in the regular course of business.

       2.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

      Sec. 133.  Section 143 of the charter of Boulder City is hereby amended to read as follows:

       Section 143.  Expenditures from capital improvement fund.

       1.  All expenditures from the Capital Improvement Fund [shall] must be approved by a simple majority of the votes cast by the registered voters of the City on a proposition placed before them in [an election called for that purpose, which election may also be for other purposes.] a special election or primary or general municipal election or primary or general state election.

       2.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final.


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ê1993 Statutes of Nevada, Page 1100 (Chapter 345, AB 531)ê

 

days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

      Sec. 134.  Section 4.5 of chapter 275, Statutes of Nevada 1979, as amended by chapter 482, Statutes of Nevada 1981, at page 981, is hereby amended to read as follows:

       Sec. 4.5.  1.  For any purpose authorized by this act, the Board, at any time or from time to time, in the name and on behalf of the Authority, may:

       (a) Issue:

             (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net [revenues] revenue derived from the operation of [such] those facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net [revenues] revenue as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment;

       (b) Issue revenue bonds payable solely from the net [revenues] revenue to be derived from the operation of [such] those facilities, as the Board may decide.

       2.  For the purposes of this act, the electors of the Authority are all persons who are qualified to vote at general elections in Elko County, and who reside within the boundaries of the Authority upon the date of close of registration for any special, primary or general election [called by or for the Authority] for bonding or revenue purposes. These electors are entitled to vote at elections of the questions pertaining to the Authority.

       3.  A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the authority or Elko County or to enable the board to provide an essential service to the residents of Elko County.

      Sec. 135.  Section 13 of chapter 227, Statutes of Nevada 1975, at page 273, is hereby amended to read as follows:

       Sec. 13.  The Authority may provide for the publication by title of any resolution which it may adopt for the issuance of bonds or for the inclusion of lands under this Act, in one issue of a newspaper having circulation within the County of El ko. For a period of [thirty] 30 days after the date of [such] publication any person in interest may contest the legality of [such] the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of [such] the bonds, including the boundaries of the Authority, or with respect to any special , primary or general election at which [such] the bonds or any portion thereof are authorized, or for the inclusion of [such] the lands, but after [such] that time no [one shall have any] person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.


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ê1993 Statutes of Nevada, Page 1101 (Chapter 345, AB 531)ê

 

after the date of [such] publication any person in interest may contest the legality of [such] the resolution or any bonds which may be issued pursuant thereto or any of the provisions made for the security and payment of [such] the bonds, including the boundaries of the Authority, or with respect to any special , primary or general election at which [such] the bonds or any portion thereof are authorized, or for the inclusion of [such] the lands, but after [such] that time no [one shall have any] person may bring a cause of action to contest the regularity, formality or legality thereof for any cause.

      Sec. 136.  Section 24 of chapter 227, Statutes of Nevada 1975, at page 276, is hereby amended to read as follows:

       Sec. 24.  If upon the canvass it is found that a majority of the votes so cast at the special bond election were cast in the negative, [then] the Authority shall not [be authorized to] issue and sell the [Bonds,] bonds, but the Board of County Commissioners may, at a special, primary or general [or special] election, resubmit the matter one or more times to the electorate at a special, primary or general election in the same manner and to the same effect as the initial special bond election . [, but any such resubmission shall not occur until at least one year shall have passed since the last such submission or resubmission and the] The Board of County Commissioners may reconsider the principal amount of [Bonds] bonds to be so resubmitted in accordance with the provisions of Sections 3 and 20 of this Act.

      Sec. 137.  Section 2.310 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1404, is hereby amended to read as follows:

       Sec. 2.310  Powers of city council: Acquisition or establishment of city utility.

       1.  The city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, [either] alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.

       2.  The city council must adopt a resolution which sets forth fully and in detail:

       (a) The public utility which is proposed to be acquired or established.

       (b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.

       (c) The proposed bonded indebtedness which must be incurred [in order] to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.

       (d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.

       3.  The resolution must be published in full at least once a week for 4 successive weeks.


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ê1993 Statutes of Nevada, Page 1102 (Chapter 345, AB 531)ê

 

       4.  At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less than 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for [a special election in the city on] the submission of the question of the enactment of the proposed ordinance [.] at a special election or the next primary or general municipal election or primary or general state election. Upon the filing of that petition, the proposed ordinance may not be enacted or be [valid or] effective for any purpose unless, at a [regular election or a special election which is called for that purpose,] special election or primary or general municipal election or primary or general state election, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.

       5.  A special election may be held only if the city council determines, by a unanimous vote, that an emergency exists. The determination made by the city council is conclusive unless it is shown that the city council acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the city council must be commenced within 15 days after the city council’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the city council to prevent or mitigate a substantial financial loss to the city or to enable the city council to provide an essential service to the residents of the city.

       [5.]6.  If the proposed ordinance is adopted, [either] without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.

      Sec. 138.  Chapter 45, Statutes of Nevada 1921, at page 80, is hereby amended by adding thereto a new section designated as section 17.5, to read as follows:

       Sec. 17.5.  1.  The board of managers may call a special election only if it determines, by a unanimous vote, that an emergency exists.

       2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

       3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the system or Mineral County or to enable the board to provide an essential service to the residents of Mineral County.


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ê1993 Statutes of Nevada, Page 1103 (Chapter 345, AB 531)ê

 

the system or Mineral County or to enable the board to provide an essential service to the residents of Mineral County.

      Sec. 139.  Section 17 of chapter 45, Statutes of Nevada 1921, as last amended by chapter 560, Statutes of Nevada 1969, at page 1045, is hereby amended to read as follows:

       Sec. 17.  (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $1,000 per month, a qualified and competent person, but who must have had at least [three years’] 3 years of practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than [five thousand ($5,000) dollars] $5,000 for the faithful discharge of his duties, who shall have complete charge of and be liable to [said] the board for his actions in connection with the operation of [said] the system, and who shall devote his entire time thereto. He shall have charge of [such] the system, and [be] is responsible to [such] the board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by [such] the board, and receive such compensation as may be fixed by [said] the board in [their] its order appointing and designating him as general manager of [such system; provider,] the system, except that the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation. No person who holds a public office [shall be permitted to] may occupy the position of general manager. [In the event such] If a general manager is nominated or appointed to public office , he [shall] must be immediately removed from the position of general manager and another appointed in his place.

       (b) [Said] The general manager, with the [consent and] approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation . [; provided, that every] Every employee who may be charged with the collection or handling of [funds of such] the money of the power system shall furnish bond [prior to] before assuming the duties of his office, in the sum of not less than [one thousand ($1,000) dollars,] $1,000 and qualify as required by law, and the bond of [such] the general manager and other employees [shall] must be approved by the board and [be] recorded and filed in the office of the county clerk.

       (c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to [said] the board an annual report on the first Monday of January of each year, showing the condition of [said] the system, including its finances, in detail, and giving his recommendations for the ensuing year . [; he] The general manager shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of [such] the utility, giving the cost of construction [(including branches), maintenance,] , including branches, maintenance and operation, and all [Rev. 3/19/2013 1:12:26 PM]


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ê1993 Statutes of Nevada, Page 1104 (Chapter 345, AB 531)ê

 

will show at all times the exact status of [such] the utility, giving the cost of construction [(including branches), maintenance,] , including branches, maintenance and operation, and all [revenues,] revenue and the source from which derived, and the classified disbursements . [; he] The general manager shall also make such annual reports on behalf of [such] the board of managers to the [Nevada] public service commission [, or their] of Nevada or its successors, as may be required, and copies thereof [shall] must be annexed to his annual report made to [such] the board of managers . [; he shall] The general manager shall maintain the office of the [said] system in the court house at the county seat.

       (d) The board of managers [is hereby authorized and empowered to] may dismantle and salvage any portion of [said] the system which [may have] has been out of use for a period of [six] 6 years or more.

       (e) Neither the board of county commissioners acting as such or acting as the board of managers [, or] nor the general manager [, shall have the power to] may sell, lease, trade, rent, or otherwise deal with any equipment, supplies [,] or property of any kind, character [,] or description, purchased, salvaged [,] or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special [election called for that purpose; provided, however,] , primary or general election, except that the board of county commissioners [shall have the power to] may sell any items of machinery, material [,] or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete [,] or defective, without an election, on amounts less than $1,000. [Nothing herein contained shall be construed to] This section does not limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers [, are authorized to] may purchase equipment or supplies, not in excess of $1,000, without receiving bids, but shall advertise for bids for all such purchases in excess of $2,500. If the value of the equipment or supplies to be purchased exceeds $1,000 but does not exceed $2,500, the board may advertise for bids or may informally request bids from at least three persons who are capable of furnishing [such] the equipment or supplies. The board of county commissioners [shall have the power to] may rent from any other owner any transmission lines, power lines, machinery, equipment [,] or property [,] for a term not exceeding [two] 2 years. The rents and rentals or charges reserved in any such contract [shall] must be paid from time to time as an expense of operation of the Mineral County power system. No such contract [shall] may be made by the board of county commissioners unless notice of intention to decide on the [same shall be] contract is published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which [shall] must not be less than 15 days from the first publication and which [shall] must briefly describe the property to be rented, and the rental charge and specify from whom to be rented [; provided, however, all such contracts under] , except that all such contracts of less than $2,500 may be entered into without publication .


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

ê1993 Statutes of Nevada, Page 1105 (Chapter 345, AB 531)ê

 

contracts of less than $2,500 may be entered into without publication . [as aforesaid.]

       (f) Any person violating the provisions of subsection (e) [shall be] is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than [one] 1 year or more than [five] 5 years. Upon conviction the office of such a person [shall become] becomes vacant.

      Sec. 140.  Section 1 of chapter 139, Statutes of Nevada 1929, as last amended by chapter 266, Statutes of Nevada 1969, at page 469, is hereby amended to read as follows:

       Section 1.  1.  The board of county commissioners of Mineral County, Nevada, [is hereby empowered and authorized to] may sell or lease, after open negotiation with one or more qualified public utilities authorized to serve consumers within the State of Nevada under the jurisdiction of the public service commission of Nevada, as the board may deem best, and subject to the approval of the public service commission of Nevada, all or any part of the property belonging to Mineral County known as and commonly called the Mineral County power system, consisting of power lines, stations, machinery, equipment, and all other property used in and for the system and necessary for the use and operation thereof. The sale or lease [shall] must be made in the manner following:

       2.  The board of county commissioners may, by resolution [duly] passed and entered in the minutes, authorize the sale or lease of the Mineral County power system or any part thereof at a price negotiated by the board, subject to the approval of the sale or lease by a majority of the registered voters voting at a special, primary or general election . [or a special election called for that purpose on a date fixed by the board of county commissioners by resolution duly passed.]

      Sec. 141.  Section 1.5 of chapter 353, Statutes of Nevada 1963, as amended by chapter 266, Statutes of Nevada 1969, at page 469, is hereby amended to read as follows:

       Sec. 1.5.  1.  Whenever the board of county commissioners of Mineral County, Nevada, [shall propose] proposes to sell or lease the Mineral County power system by a resolution [duly] passed and entered in the minutes, the proposal for the approval of [such] the sale or lease [shall] must be submitted to the registered voters of Mineral County at a special election or the next primary or general election . [or at a special election called for that purpose.]

       2.  The election officers of Mineral County who are charged with the duty of providing for and conducting elections as set forth in NRS 293.217 shall follow the procedure set forth in that section and shall provide printed ballots for the use of the voters entitled to vote at the election. There [shall] must be printed on all ballots:

       (a) Instructions respecting the manner of marking the ballots.

       (b) A statement of the proposal to be voted upon.

       3.  [In the event] If a special election is called for the purpose of approving the sale or lease of the Mineral County power system, and immediately upon receipt by the county clerk of a certified copy of the resolution of the board of county commissioners of Mineral County authorizing such sale or lease, and fixing a date for [such] the election, the county clerk shall publish a notice of special election in a newspaper of general circulation in Mineral County once a week for 2 successive weeks with the date of the last publication being at least 15 days [prior to] before the election.


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

ê1993 Statutes of Nevada, Page 1106 (Chapter 345, AB 531)ê

 

resolution of the board of county commissioners of Mineral County authorizing such sale or lease, and fixing a date for [such] the election, the county clerk shall publish a notice of special election in a newspaper of general circulation in Mineral County once a week for 2 successive weeks with the date of the last publication being at least 15 days [prior to] before the election. If no such newspaper is published in Mineral County, [then such] publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice [shall] must contain:

       (a) The date of the election.

       (b) The location of the polling places.

       (c) The hours during which the polling places will be open for voting.

       (d) A statement of the proposal to be voted upon.

       4.  The county clerk shall forward to each justice of the peace within the county one written or printed notice for each precinct or voting district. Each justice of the peace to whom [such] the notice is delivered shall post the [same] notice in a public place in each precinct or voting district in his township or district at least 15 days [prior to] before the date of the special election.

       5.  The election officers of Mineral County who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If the approval election is held in conjunction with a primary or general election, the same single ballot box [shall] must be used at each polling place.

       6.  Every citizen of the United States 21 years of age or over who has resided in the state 6 months, in the county 30 days, and in the precinct 10 days next preceding the election [shall be] is entitled to vote at the election, if he has complied with the registration laws of this state.

       7.  Immediately after the closing of the polls the election officers shall proceed to canvass the ballots. The results disclosed by the canvass [shall] must be certified by the election officers to the board of county commissioners.

       8.  If a majority of the ballots cast are in favor of the sale or lease as proposed by the board of county commissioners of Mineral County of the Mineral County power system, the proposal to sell or lease the Mineral County power system [shall have been carried] is approved and the proper officers of Mineral County [shall be authorized to] may complete the sale or lease of [such] the Mineral County power system.

       9.  If a majority of the ballots are against the sale or lease of the Mineral County power system, the proposal to sell or lease the Mineral County power system [shall have failed,] fails, the proper officers of the Mineral County power system shall proceed no further with the sale or lease of the Mineral County power system, and all acts or agreements theretofore made by the board of county commissioners in relation to [such] the sale or lease [shall be considered null and void and of no effect.] are void.


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

ê1993 Statutes of Nevada, Page 1107 (Chapter 345, AB 531)ê

 

       10.  Where not specifically provided for in this act, the general election laws of the State of Nevada [shall] govern where applicable.

      Sec. 142.  NRS 295.190 and 474.090 are hereby repealed.

      Sec. 143.  This act becomes effective on January 1, 1994.

 

________

 

 

CHAPTER 346, AB 637

Assembly Bill No. 637—Committee on Judiciary

CHAPTER 346

AN ACT relating to evidence; providing under certain circumstances in criminal proceedings for the admissibility of evidence of domestic violence and expert testimony relating to domestic violence; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 48 of NRS is hereby amended by adding thereto a new section to read as follows:

      Evidence of domestic violence as defined in NRS 33.018 and expert testimony concerning the effect of domestic violence on the beliefs, behavior and perception of the person alleging the domestic violence is admissible in chief and in rebuttal, when determining:

      1.  Whether a person is excepted from criminal liability pursuant to subsection 8 of NRS 194.010, to show the state of mind of the defendant.

      2.  Whether a person in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.

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

 

________

 

 

CHAPTER 347, AB 692

Assembly Bill No. 692—Committee on Government Affairs

CHAPTER 347

AN ACT relating to the Colorado River commission; revising its membership; eliminating certain duties of the commission relating to the making of agreements with other governmental entities for the use of the waters of the Colorado River and certain other facilities; requiring the commission to offer to renew certain contracts for the sale of power; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 538.051 is hereby amended to read as follows:

      538.051  The Colorado River commission, consisting of [five members appointed by the governor,] seven members, is hereby created. Four members must be appointed by the governor.


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

ê1993 Statutes of Nevada, Page 1108 (Chapter 347, AB 692)ê

 

must be appointed by the governor. Three members must be appointed by the board of directors of the Southern Nevada Water Authority. The governor shall designate one of his appointees to serve as chairman of the commission.

      Sec. 2.  NRS 538.061 is hereby amended to read as follows:

      538.061  1.  The [governor shall appoint four members to the commission who are] members appointed by the governor must be residents of this state . [and of a county served by the commission and one member to represent the state at large who is a resident of this state and of a county whose residents do not receive electrical power which is generated with water from the Colorado River or its tributaries.] The members appointed by the Southern Nevada Water Authority must be persons who serve on the board of directors of the authority. When a person so appointed ceases to be a member of the board of directors, the remaining members of the board of directors shall fill the vacancy by appointment from among its membership.

      2.  All members must have a general knowledge of:

      (a) The development of the Colorado River and its tributaries within this state; and

      (b) The rights of this state concerning the resources and benefits of the Colorado River.

      [3.  Not more than three commissioners may be of the same major political affiliation.]

      Sec. 3.  NRS 538.081 is hereby amended to read as follows:

      538.081  The [governor] appointing authority may at any time remove any commissioner for neglect of duty or malfeasance in office.

      Sec. 4.  NRS 538.101 is hereby amended to read as follows:

      538.101  1.  While engaged in official business of the commission, each commissioner appointed by the governor is entitled to receive a salary of not more than $80 per day, as fixed by the commission.

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

      3.  The director or an employee of the commission designated by the director shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund or any other fund administered by the commission and designated to be used for those expenses by the director.

      4.  The commission shall provide its members who are appointed by the governor with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.

      Sec. 5.  NRS 538.111 is hereby amended to read as follows:

      538.111  At the first meeting of the commission in each calendar year, the commission shall select [officers] the vice chairman for the ensuing calendar year . [consisting of a chairman and vice chairman.] The director shall provide necessary secretarial service for the commission.

      Sec. 6.  NRS 538.161 is hereby amended to read as follows:

      538.161  The commission shall:


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

ê1993 Statutes of Nevada, Page 1109 (Chapter 347, AB 692)ê

 

      1.  Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to this state.

      2.  Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, purchase or transmission of power from any source, or for the planning, development or ownership of facilities for the generation or transmission of electricity, both within and outside Nevada, for the greatest possible benefit to this state, and present such contracts, leases or agreements to the governor for his information. The commission may contract for the supply of electric energy to any corporation or cooperative created under the laws of this state that is being operated principally for service to Nevada residents and may be serving incidental energy to residents of other states contiguous to its service area in Nevada. If such a corporation or cooperative so requests, the commission may contract to supply electric energy directly for the corporation or cooperative.

      3.  Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

      4.  Render the friendly cooperation of the State of Nevada to constructive enterprises concerned with the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.

      5.  Render friendly cooperation to industries located in other states, negotiate with them and invite them to locate within Nevada.

      6.  Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.

      7.  Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally. The agreements, compacts or treaties are not binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada.

      8.  [Represent the State of Nevada in consultations with other states, the United States, foreign countries and nongovernmental persons, and negotiate, make and enter into agreements between the State of Nevada and those entities, either jointly or severally, concerning the:

      (a) Interstate or international transfer of water to supplement the supply of water in the Colorado River which is available for use in this state;

      (b) Augmentation of the waters of the Colorado River and its tributaries through the modification of the weather and the use of such other measures as are appropriate, and the control of the salinity of those waters; and

      (c) Operation of federal dams and other facilities on the Colorado River and its tributaries.

      9.]  Report to the governor such measures and legislative action as it deems necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.


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ê1993 Statutes of Nevada, Page 1110 (Chapter 347, AB 692)ê

 

generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for the greatest possible benefit to the State of Nevada.

      [10.]9.  Cooperate with other states or federal agencies to establish, conduct and maintain power, water and irrigation projects.

      Sec. 7.  NRS 538.181 is hereby amended to read as follows:

      538.181  1.  The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada, and may lease, sublease, let, sublet, contract, exchange or sell the power and water, including the transmission and other distribution services, on such terms as the commission determines.

      2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada must, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of the lease, sublease, contract or other agreement.

      3.  The power and water must not be sold for less than the actual cost to the State of Nevada.

      4.  Except as otherwise provided in subsection 5, before any such sale or lease is made, a notice of it must be advertised in two papers of general circulation published in the State of Nevada at least once a week for 2 weeks . [; and the] The commission shall require any person desiring to make objection thereto to file the objection with the commission within 10 days after the date of the last publication of the notice. If any objection is filed, the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

      5.  The provisions of subsection 4 do not apply to:

      (a) Any contract by the commission to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the commission from a prearranged source and is secured by the holder for his own use; or

      (b) Any agreement by the commission to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

      6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale, either of the water or power is not binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.211, until approved by the United States.

      7.  The commission shall, upon the expiration of a contract for the sale of power which is in effect on July 1, 1993, offer to the purchaser the right to renew the contract. If the commission is unable to supply the amount of power set forth in the contract because of a shortage of power available for sale, it shall reduce, on a pro rata basis, the amount of power it is required to sell pursuant to the renewed contract.


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

ê1993 Statutes of Nevada, Page 1111 (Chapter 347, AB 692)ê

 

      8.  Notwithstanding any provision of chapter 704 of NRS, any purchase of power or water for distribution or exchange, and any subsequent distribution or exchange of power or water by the commission is not subject to regulation by the public service commission of Nevada.

      Sec. 8.  1.  The terms of the persons who are members of the Colorado River commission on July 1, 1993, expire on that date.

      2.  As soon as practicable after July 1, 1993. the governor shall appoint one member to the Colorado River commission to a term which expires on July 1, 1994, one member to a term which expires on July 1, 1995, and two members to terms which expire on July 1, 1996.

      3.  As soon as practicable after July 1, 1993, the board of directors of the Southern Nevada Water Authority shall appoint three members to the Colorado River commission from among its membership.

      Sec. 9.  This act becomes effective on July 1, 1993.

 

________

 

 

CHAPTER 348, SB 192

Senate Bill No. 192—Senators James, Lowden, Townsend, O’Connell, Callister, Brown, Glomb, Hickey, Jacobsen, McGinness, Nevin, Raggio, Rawson, Shaffer and Smith

CHAPTER 348

AN ACT relating to sex offenders whose victims are minors; requiring certain persons and institutions that release or discharge such a sex offender to take certain actions to ensure the registration of the offender; providing for the release of data required for the registration of such an offender to certain educational personnel; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.152 is hereby amended to read as follows:

      207.152  1.  Each sex offender shall, [within 48 hours after July 1, 1961, or thereafter] within 48 hours after his arrival in a county in which he resides or is temporarily present for 48 hours or more, register with the sheriff of the county or the metropolitan police department, if any, or with the chief of police, if any, if [such] the sex offender resides or is temporarily present in an incorporated city. If a sex offender who committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years registers with a law enforcement agency other than the sheriff of the county, that law enforcement agency shall forward a copy of the registration data to the sheriff of the county in which the sex offender expects to reside.

      2.  Within 10 days after changing his address each [such] sex offender shall notify in writing the law enforcement agency with which he last registered, and [such] that agency shall forward to the law enforcement agency having jurisdiction of the area in which the new residence is located registration data concerning [such] the sex offender.


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

ê1993 Statutes of Nevada, Page 1112 (Chapter 348, SB 192)ê

 

      Sec. 2.  NRS 207.154 is hereby amended to read as follows:

      207.154  Each person in charge of a jail, hospital, prison, school or other institution to which a sex offender has been committed, and each judge who releases a sex offender on probation or discharges him upon payment of a fine, shall [, prior to] :

      1.  Before the discharge, parole or release of [such] the sex offender:

      [1.](a) Explain to him his duty to register under NRS 207.152 and 207.153.

      [2.](b) Require him to sign a statement that his duty to register has been explained to him.

      [3.](c) Obtain the address at which he expects to reside upon his release.

      [4.](d) Give one copy of [such] the statement to him and mail one copy, together with [such address,] the address obtained pursuant to paragraph (c), to the law enforcement agency having jurisdiction of the area in which he expects to reside.

      2.  If the sex offender committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years, contact the law enforcement agency having jurisdiction of the area in which the sex offender expects to reside to determine if the sex offender has registered as required in NRS 207.152 and 207.153. The contact must be made within 72 hours after the sex offender is discharged, paroled or released. If the sex offender has not registered, the person in charge of the institution from which the sex offender was released or the judge who released or discharged the sex offender shall provide to the law enforcement agency all information available to him that is required by NRS 207.153 to register the sex offender.

      Sec. 3.  NRS 207.155 is hereby amended to read as follows:

      207.155  [No]

      1.  Except as otherwise provided in subsection 2, no person other than a regularly employed peace officer or other law enforcement officer [shall] may inspect the statements, photographs or fingerprints required by NRS 207.153.

      2.  If the sheriff of a county receives registration data pursuant to NRS 207.152 or 207.154 which indicates that a sex offender committed any offense set forth in NRS 207.151 against a person who was under the age of 18 years, the sheriff shall provide that data to the board of trustees of the county school district in which the sex offender expects to reside. The board of trustees may release that data to any teacher or other educational personnel licensed pursuant to chapter 391 of NRS who is employed by that school district if it determines that the release of the data is reasonably necessary for public protection. Any teacher or other educational personnel who receives such data shall not release it to another person without the prior approval of the board of trustees.

      3.  A sheriff, board of trustees, teacher or other educational personnel who, in good faith, releases or fails to release any registration data pursuant to subsection 2 is immune from any criminal or civil liability for releasing or failing to release the data unless he acted with gross negligence.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1113ê

 

CHAPTER 349, AB 18

Assembly Bill No. 18—Committee on Government Affairs

CHAPTER 349

AN ACT relating to catastrophic leave; broadening the authorized transfers by state employees into accounts for catastrophic leave; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.3621 is hereby amended to read as follows:

      284.3621  1.  Each appointing authority may establish an account for catastrophic leave.

      2.  An employee of an appointing authority may request, in writing, that a specified number of hours of his accrued annual or sick leave be transferred from his account to the account for catastrophic leave.

      3.  An employee may not transfer to the account for catastrophic leave any hours of sick leave if the balance in his account after the transfer is less than 240 hours.

      4.  The maximum number of hours which may be transferred by an employee in any 1 calendar year is [80.] 120. The minimum number of hours which may be transferred in any 1 calendar year is 8. [The employee may transfer hours to the account for catastrophic leave for use by a particular employee who is eligible to receive them.]

      5.  An employee may transfer hours to any such account for catastrophic leave for use by a particular employee in any branch of state government who is eligible to receive them. A record of the source and number of hours of leave transferred among different appointing authorities for this purpose and the date of the transfer must be maintained by each appointing authority. Leave transferred in excess of the amount approved for use by a particular employee must be returned to the employee’s account from which it originated. The commission shall, by regulation, determine the procedure to return excess leave.

      6.  Any hours of annual or sick leave which are transferred from any employee’s account to the account for catastrophic leave and not designated for use by a particular employee may not be returned or restored to [that] the originating employee. This subsection does not prevent the employee from receiving leave pursuant to NRS 284.3622.

      Sec. 2.  Section 10 of chapter 334, Statutes of Nevada 1989, at page 694, is hereby repealed.

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

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1114ê

 

CHAPTER 350, AB 787

Assembly Bill No. 787—Committee on Ways and Means

CHAPTER 350

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, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

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 27, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.

 

                                                                                             1993-94               1994-95

 

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the:

                          Office of the governor                             $1,185,402                                                              $1,200,987

                          Governor’s mansion                                   $170,661                                                                 $194,676

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the office of lieutenant governor                                                                 $229,455                                                                 $237,508

      Sec. 4.  The Office of Attorney General.

             For the support of the:

                          Office of the attorney general                $5,854,112                                                              $6,219,432

                          Special litigation account of the attorney general                                                                 $100,000                                                                 $100,000

                          Crime prevention program                           $85,013                                                                   $83,372

                          Office of the extradition coordinator        $779,906                                                                 $781,793

      Sec. 5.  The Office of Secretary of State.

             For the support of the:

                          Office of the secretary of state               $1,706,232                                                              $1,821,202

                          Securities division                                    $1,072,720                                                              $1,098,321

      Sec. 6.  The Office of State Treasurer.

             For the support of the office of state treasurer   $553,651                                                                 $573,322

      Sec. 7.  The Office of State Controller.

             For the support of the office of the state controller                                                              $1,913,916                                                              $1,930,808

      Sec. 8.  Department of Administration.

             For the support of:

                          Budget                                                       $1,333,073                                                              $1,273,591


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ê1993 Statutes of Nevada, Page 1115 (Chapter 350, AB 787)ê

 

                          Internal Audit                                              $377,252                                                                 $404,092

                          Clear Creek youth center                            $118,400                                                                 $118,587

                          State Public Works Board                          $907,383                                                                 $920,894

      Sec. 9.  Department of Taxation.

             For the support of:

                          Department of taxation                            $6,824,649                                                              $5,866,669

                          Senior Citizens’ Property Tax Assistance                                                              $2,492,650                                                              $2,791,740

      Sec. 10.  Legislative Fund.

             For the support of the:

                          Legislative commission                              $401,237                                                                 $310,978

                          Audit division of the legislative counsel bureau                                                              $1,696,270                                                              $1,739,222

                          Administrative division of the legislative counsel bureau                                                  $2,588,251                                                              $2,584,518

                          Legal division of the legislative counsel bureau                                                              $1,715,595                                                              $2,278,514

                          Research division of the legislative counsel bureau                                                  $1,066,858                                                              $1,047,482

                          Fiscal analysis division of the legislative counsel bureau                                                     $976,195                                                                 $974,361

                          Interim legislative operations                    $177,241                                                                 $161,170

      Sec. 11.  Supreme Court of Nevada.

             For the support of:

                          Supreme court of Nevada                       $1,226,552                                                              $1,176,151

                          State board of pardons                                 $12,870                                                                     $6,608

                          Law library                                                    $758,331                                                                 $783,718

                          Commission on judicial selection                 $5,500                                                                     $5,500

      Sec. 12.  Commission on Judicial Discipline.

             For the support of the commission on judicial discipline                                                                   $43,759                                                                   $43,987

      Sec. 13.  District Judges’ Salaries and Judicial Pensions.

             For the support of the district judges’ salaries and pensions of justices, judges and widows                                                              $5,386,495                                                              $5,446,598

      Sec. 14.  Commission on Economic Development.

             Industrial division                                                 $2,210,945                                                              $2,189,826

             Film division                                                              $101,461                                                                   $96,889

             Rural community development                                $53,971                                                                   $52,570

             Small business and federal procurement                $83,388                                                                   $78,343

      Sec. 15.  State Department of Education.

             For the support of:

                          Education, administration                       $1,032,341                                                              $1,066,245


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ê1993 Statutes of Nevada, Page 1116 (Chapter 350, AB 787)ê

 

                          Occupational education                             $548,926                                                                 $565,206

                          Professional standards commission         $456,046                                                                 $460,710

                          Nutrition education                                     $189,674                                                                 $183,328

                          Adult basic education                                $236,439                                                                 $210,686

                          Care of handicapped children                   $528,423                                                                 $528,423

                          Proficiency testing                                      $260,235                                                                 $245,674

                          School improvement                                $1,000,000                                                              $1,000,000

                          Other state education programs                   $5,647                                                                     $5,647

      Sec. 16.  University and Community College System of Nevada.

            For the support of:

                          System administration                             $1,793,624                                                              $1,828,677

                          University press                                          $488,444                                                                 $498,150

                          Statewide programs--UNR                      $3,781,578                                                              $3,830,976

                          Intercollegiate athletics--UNR                $1,141,320                                                              $1,160,336

                          Statewide programs--UNLV                       $510,802                                                                 $517,793

                          Intercollegiate athletics--UNLV             $1,182,896                                                              $1,202,181

                          Agricultural experiment station              $4,304,770                                                              $4,375,129

                          Cooperative extension services             $3,898,122                                                              $3,988,798

                          System computing center                       $7,955,269                                                              $8,098,596

                          Desert research institute                         $2,085,193                                                              $2,096,353

                          National direct student loan                        $30,000                                                                   $30,000

                          University of Ne vada, Reno                 $51,767,593                                                            $51,977,383

                          School of medical sciences                   $11,080,381                                                            $11,257,258

                          University of Ne vada, Las Vegas        $57,744,537                                                            $57,543,260

                          Community college of southern Nevada                                                            $19,989,868                                                            $19,360,904

                          Western Nevada community college    $7,327,672                                                              $7,394,996

                          Truckee Meadows community college $12,239,010                                                            $12,345,858

                          Northern Nevada community college   $4,288,840                                                              $4,280,238

                          Business center, north                            $1,323,828                                                              $1,351,430

                          Business center, south                            $1,091,773                                                              $1,110,174

                          University system-special projects          $191,654                                                                 $191,654

      Sec. 17.  Western Interstate Commission for Higher Education.

             For the administrative support of Nevada’s membership in the western interstate commission for higher education                                   $189,153                                                                 $193,311


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ê1993 Statutes of Nevada, Page 1117 (Chapter 350, AB 787)ê

 

             For the support of the western interstate commission for higher education loan fund                 $305,929                                                                 $297,941

      Sec. 18.  Department of Museums, Library and Arts.

             For the support of the:

                          Museums, library and arts administration $66,862                                                                   $94,706

                          Museums and history                                $105,013                                                                   $76,438

                          Nevada historical society                          $379,336                                                                 $364,105

                          Nevada state museum, Carson City         $706,814                                                                 $718,761

                          Nevada museum, Las Vegas                      $562,096                                                                 $583,579

                          Lost City museum                                       $193,015                                                                 $193,058

                          Nevada railroad museum                            $154,666                                                                 $157,689

                          Nevada council on the arts                        $417,147                                                                 $418,144

                          Nevada state library                                 $1,857,288                                                              $1,811,980

                          Nevada state library-literacy                       $57,401                                                                   $57,756

                          Archives and records                                 $273,552                                                                 $272,845

                          Historic preservation and archeology     $115,352                                                                 $116,595

                          Comstock historic district                            $59,679                                                                   $59,925

      Sec. 19.  Department of Human Resources.

             For the support of the:

                          Office of the director of human resources $126,492                                                    $180,830

                          Aging services division                          $1,280,106                                                              $1,298,755

                          Senior services program                               $94,955                                                                   $91,508

                          Child and family services division

                                Child and family administration       $2,911,866                                                 $2,883,326

                                Child care services bureau                  $203,704                                                    $208,265

                                Southern Nevada children’s home     $447,328 -0-

                                Nevada youth training center          $4,543,914                                                 $4,605,327

                                Caliente youth center                        $3,297,424                                                 $3,338,572

                                Youth community services             $10,553,283                                               $10,541,449

                                Youth alternative placement            $1,425,876                                                 $1,424,891

                                Youth corrections services              $1,226,008                                                 $1,243,179


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ê1993 Statutes of Nevada, Page 1118 (Chapter 350, AB 787)ê

 

                                Northern Nevada child and adolescent services                                   $1,409,593                                                 $1,444,117

                                Southern Nevada child and adolescent services                                   $4,173,846                                                 $4,397,680

                                Chapter I - Special education              $180,614                                                    $181,451

                          Health division

                                Office of state health officer                $424,060                                                    $420,195

                                Vital statistics                                        $446,597                                                    $440,163

                                Cancer control registry                          $38,833                                                      $39,692

                                Bureau of health facilities                      $63,283 -0-

                                Maternal and child health services $2,699,721                                                 $2,798,211

                                Special children’s clinic                    $2,870,690                                                 $2,879,160

                                Bureau of community health services $160,832                                                    $148,157

                                Bureau of laboratory and research     $703,510                                                    $702,698

                                Consumer protection                            $602,896                                                    $624,891

                                Radiological health                               $175,534                                                    $175,799

                                Sexually transmitted disease control $183,061                                                    $182,630

                                Communicable disease control           $377,047                                                    $396,196

                                Emergency medical services               $423,280                                                    $426,488

                                Immunization control                            $858,887                                                    $996,206

                                Health aid to counties                          $575,210                                                    $575,210

                          Mental hygiene and mental retardation division

                                Division administration                        $919,406                                                    $924,377

                                Regional training                                     $45,210                                                      $45,210

                                Southern Nevada adult mental health services                                               $12,054,889                                               $12,746,823

                                Nevada mental health institute        $9,146,661                                                 $9,388,963

                                Facility for the mental offender        $2,699,963                                                 $2,731,454

                                Rural clinics                                        $3,041,409                                                 $3,137,214

                                Southern Nevada mental retardation services                                                 $6,596,960                                                 $6,867,182

                                Northern Nevada mental retardation services                                                 $5,030,449                                                 $5,029,491

                                Community training center               $1,396,992                                                 $1,429,003


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ê1993 Statutes of Nevada, Page 1119 (Chapter 350, AB 787)ê

 

                                Resident placement                              $577,726                                                    $625,349

                                MHMR: Home care                               $353,908                                                    $395,533

                          Welfare division

                                Welfare administration                    $11,010,346                                               $13,520,379

                                Assistance to aged and blind          $3,708,316                                                 $3,991,078

                                Aid to dependent children             $24,664,908                                               $28,239,610

                                Food stamp program                         $3,760,652                                                 $3,898,055

                                Nevada Medicaid                           $117,130,554                                             $154,287,767

                                Employment and training program  $1,726,710                                                 $1,740,138

                          Indian affairs commission                            $95,640                                                      $96,302

                          Office of the state public defender           $441,693                                                    $424,535

      Sec. 20.  Office of the Military.

             For the support of the:

                          Nevada National Guard                           $1,081,617                                                              $1,062,297

                          Adjutant general construction                    $60,000 -0-

                          National Guard benefits                               $45,000                                                                   $45,000

      Sec. 21.  Department of Prisons.

             For the support of the:

                          Office of director                                      $5,803,056                                                              $5,627,789

                          Medical care                                            $19,522,523                                                            $20,983,430

                          Southern Nevada correctional center   $7,142,608                                                              $7,261,431

                          Southern desert correctional center    $12,127,678                                                            $12,316,903

                          Nevada state prison                                 $9,745,353                                                              $9,826,182

                          Northern Nevada correctional center  $10,671,703                                                            $10,911,159

                          Nevada women’s correctional center    $2,722,719                                                              $2,762,044

                          Ely maximum security prison                $14,475,982                                                            $14,670,359

                          Lovelock correctional center                       $79,891                                                                   $80,232

                          Stewart conservation camp                       $739,905                                                                 $742,395

                          Ely conservation camp                               $782,340                                                                 $789,462

                          Humboldt conservation camp                   $765,905                                                                 $753,727

                          Indian Springs conservation camp        $1,162,447                                                              $1,269,372

                          Jean conservation camp                             $646,101                                                                 $644,510

                          Pioche conservation camp                         $677,593                                                                 $764,164

                          Carlin conservation camp                          $748,956                                                                 $746,894

                          Wells conservation camp                          $787,416                                                                 $785,785

                          Silver Springs conservation camp            $758,044                                                                 $777,828

                          Tonopah conservation camp                    $790,733                                                                 $793,711

                          Southern Nevada restitution center         $285,784                                                                 $286,809


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ê1993 Statutes of Nevada, Page 1120 (Chapter 350, AB 787)ê

 

                          Northern Nevada restitution center           $99,401                                                                 $102,608

      Sec. 22.  Parole Board.

             For the support of the parole board                      $631,209                                                                 $635,766

      Sec. 23.  Department of Business and Industry.

             For the support of the:

                          Business and industry administration       $35,931                                                                   $43,256

                          Financial institutions division                $1,105,701                                                              $1,118,138

                          Consumer affairs division                          $417,523                                                                 $406,152

                          Mentally ill individuals program                 $62,373                                                                   $62,898

                          Real estate administration                       $1,091,419                                                              $1,103,770

                          Unclaimed property program                     $119,849                                                                 $121,122

                          Division of insurance                                 $802,641                                                                 $859,541

                          Employee-management relations board   $105,011                                                                 $103,550

                          Labor commissioner                                    $695,643                                                                 $696,493

                          Commission on postsecondary education $154,175                                                                 $150,736

                          Nevada athletic commission                      $222,703                                                                 $226,761

                          Plant industry fund                                  $1,114,392                                                              $1,081,679

                          Veterinary medical services                       $559,378                                                                 $561,284

                          Junior livestock show board                       $26,995                                                                   $26,995

                          Predatory animal and rodent committee  $413,414                                                                 $414,025

                          High school rodeo association                   $17,000                                                                   $17,000

      Sec. 24.  State Department of Conservation and Natural Resources.

             For the support of the:

                          Office of the director                                   $366,221                                                                 $366,847

                          Division of state parks                            $3,203,329                                                                2,779,647

                          Division of forestry                                  $1,698,124                                                              $1,660,903

                          Forest fire suppression                              $450,000                                                                 $450,000

                          Forestry honor camps                             $5,194,286                                                              $5,660,395

                          Water and mining                                        $330,332                                                                 $327,322

                          State environmental commission                  $1,373                                                                     $1,373

                          Division of water resources                    $2,693,745                                                              $2,709,602

                          Division of water planning                        $239,492                                                                 $241,084

                          Division of state lands                               $361,249                                                                 $369,488

                          Division of conservation districts              $96,156                                                                   $95,503

                          Tahoe regional planning agency              $711,168                                                                 $735,911

                          Nevada Tahoe regional planning agency   $4,000                                                                     $4,000

                          Division of wildlife                                      $600,670                                                                 $600,670

                          State climatologist                                         $25,454                                                                   $25,539

                          High-level nuclear waste                              $35,000                                                                   $35,000


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ê1993 Statutes of Nevada, Page 1121 (Chapter 350, AB 787)ê

 

      Sec. 25.  Department of employment, training and rehabilitation.

             For the support of:

                          Committee to hire the handicapped          $127,947                                                                 $119,234

                          Nevada equal rights commission              $507,306                                                                 $522,928

                          Vocational rehabilitation                         $1,005,984                                                              $1,034,963

                          Financial assistance for physically disabled                                                                 $669,694                                                                 $669,694

                          Social security administration/ vocational rehabilitation                                            $10,859                                                                   $10,859

                          Services to the blind                                   $674,274                                                                 $654,631

                          Alcohol and drug abuse rehabilitation $2,398,786                                                              $2,401,604

                          Traumatic head injury program                 $279,328                                                                 $279,328

                          Drug commission                                          $13,982                                                                   $14,055

      Sec. 26.  Department of Motor Vehicles and Public Safety.

             For the support of the:

                          Director’s office                                               $8,076                                                                   $11,320

                          Registration division                                    $13,251                                                                   $13,251

                          Motor vehicles administration                    $46,281                                                                   $46,282

                          Highway patrol (law enforcement)           $255,558                                                                 $211,397

                          Investigation division                             $3,555,073                                                              $3,589,741

                          Peace officers’ standards and training      $58,562 -0-

                          Nevada commissioner for veterans affairs $537,852                                                                 $549,901

                          Division of emergency management        $185,614                                                                 $189,301

                          Division of parole and probation         $15,113,976                                                            $15,376,652

                          State fire marshal                                         $209,656                                                                 $210,615

      Sec. 27.  Ethics commission                                       $83,843                                                                   $82,770

      Sec. 28.  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, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.

 

             Budget division                                                          $74,097                                                                   $79,161

             Department of taxation                                            $788,438                                                                 $795,557

             Department of motor vehicles and public safety

                          Director’s office                                        $1,860,923                                                              $1,903,262

                          Highway patrol                                       $15,983,444                                                            $16,086,980

                          Administrative services                          $5,591,988                                                              $5,867,318

                          Automation                                               $2,399,310                                                              $2,380,053

                          Driver’s license                                         $5,436,290                                                              $5,617,806


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ê1993 Statutes of Nevada, Page 1122 (Chapter 350, AB 787)ê

 

                          Motor carrier                                             $2,042,054                                                              $2,045,214

                          Registration division                               $7,805,437                                                              $8,156,615

                          Commercial driver’s license                       $766,276                                                                 $775,384

                          Hazardous materials                                    $834,018                                                                 $937,463

                          Office of traffic safety                                   $41,653                                                                   $42,519

             Public service commission                                   $2,325,837                                                              $2,296,276

      Sec. 29.  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, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995.

 

             For the support of the state predatory animal and rodent committee                                                 $20,000                                                                   $20,000

      Sec. 30.  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, 1993-1994 and 1994-1995, 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. 31.  The sums appropriated to:

      1.  Senior citizens’ property tax assistance;

      2.  Care of handicapped children;

      3.  Forest fire suppression;

      4.  National guard benefits;

      5.  Communicable disease control;

      6.  Maternal and child health services;

      7.  Food stamps 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.  Pensions of justices, judges and widows; and

      14.  Attorney general’s special litigation account,

are available for both fiscal years 1993-1994 and 1994-1995, and may be transferred for both fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor. The funds appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 1993-1994 and 1994-1995, and may be transferred from one fiscal year to the other with the approval of the interim finance committee.


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ê1993 Statutes of Nevada, Page 1123 (Chapter 350, AB 787)ê

 

appropriated for the support of pensions of justices, judges and widows is available in both fiscal years 1993-1994 and 1994-1995, and may be transferred from one fiscal year to the other with the approval of the interim finance committee.

      Sec. 32.  The sums appropriated to the legislative fund by section 10 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 1993-1994 and 1994-1995, 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.

      Sec. 33.  The total amounts appropriated in section 19 of this act to each of the accounts of the welfare division enumerated in section 31 of this act, except for the amounts appropriated for the assistance to the aged and blind program and except as otherwise provided in this section, are limits. The division shall not request additional money for these programs, except for:

      1.  Increased state costs in the event that federal financial participation rates are reduced from those in effect on July 1, 1993;

      2.  Costs related to additional services mandated by the Federal Government on or after October 1, 1993, and not specifically funded in the Nevada Medicaid account in fiscal years 1993-1994 and 1994-1995; and

      3.  Any revenue shortfall in the net state benefit from amounts budgeted in fiscal years 1993-1994 or 1994-1995 to be received in the Nevada Medicaid account as a result of the passage of Senate Bill No. 494 of this session, which revises the tax on hospitals and provides for certain intergovernmental transfers.

      Sec. 34.  The sums appropriated to the welfare division by section 19 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. 35.  The sums appropriated to the department of prisons by section 21 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. 36.  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. 37.  In addition to the requirements of NRS 353.225, for the fiscal years 1993-1994 and 1994-1995, the board of regents of the University and Community College System of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.


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ê1993 Statutes of Nevada, Page 1124 (Chapter 350, AB 787)ê

 

      Sec. 38.  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, 1993, through June 30, 1995.

      Sec. 39.  1.  Unencumbered balances of the appropriations made in this act for the fiscal years 1993-1994 and 1994-1995 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 10 of this act does not revert to the state general fund but constitutes a balance carried forward.

      Sec. 40.  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 21 of this act for the department of prisons such amount as may be required to pay the claims but not exceeding a total of $4,000,000.

      Sec. 41.  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. 42.  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. 43.  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. 44.  The state board of health shall increase fees to a level sufficient to meet the revenues projected in the budget approved by the legislature.

      Sec. 45.  There is hereby appropriated from the state general fund to the contingency fund created pursuant to NRS 353.266 the sum of $3,460,401 to restore the fund’s balance to $8,000,000.

      Sec. 46.  Section 2 of chapter 510, Statutes of Nevada 1991, at page 1583, is hereby amended to read as follows:

       Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act for equipment, furnishings and supplies for the expansion of the Pioche and Indian Springs conservation camps must not be committed for expenditure after June 30, 1995, and reverts to the state general fund as soon as all payments of money committed have been made. Any remaining balance of the appropriation made by section 1 of this act for all other purposes must not be committed for expenditure after June 30, 1993, and reverts to the state general fund as soon as all payments of money have been made.


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

ê1993 Statutes of Nevada, Page 1125 (Chapter 350, AB 787)ê

 

      Sec. 47. Section 1 of chapter 670, Statutes of Nevada 1991, at page 2210, is hereby amended to read as follows:

       Section 1.  1.  There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $244,924 for new equipment and software for data processing.

       2.  If the amount of administrative assessments distributed to the supreme court pursuant to NRS 176.059 in fiscal year 1992-1993 is less than the amount legislatively authorized for that fiscal year, any unexpended balance of the appropriation made by subsection 1, which does not exceed the difference between the legislative authorization for administrative assessments for the supreme court and actual receipts in fiscal year 1992-1993, may be used to pay operating expenses of the supreme court within that fiscal year.

      Sec. 48. Section 5 of chapter 724, Statutes of Nevada 1991, at page 2443, is hereby amended to read as follows:

       Sec. 5.  1.  There is hereby appropriated from the state general fund to the supreme court of Nevada the sum of $175,000 for all matters related to the relocation of the staff, furnishings and equipment of the supreme court, supreme court law library and the administrative office of the courts.

       2.  If the amount of administrative assessments distributed to the supreme court pursuant to NRS 176.059 in fiscal year 1992-1993 is less than the amount legislatively authorized for that fiscal year, any unexpended balance of the appropriation made by subsection 1, which does not exceed the difference between the legislative authorization for administrative assessments for the supreme court and actual receipts in fiscal year 1992-1993, may be used to pay operating expenses of the supreme court within that fiscal year.

      Sec. 49.  If Assembly Bill No. 488 of this session, providing for the expedited release from prison of terminally ill or physically incapacitated prisoners, is not approved, there is hereby contingently appropriated from the state general fund to the department of prisons for medical care:

For the fiscal year 1993-1994............................................................ $489,349

For the fiscal year 1994-1995............................................................ $345,952

      Sec. 50.  The department of motor vehicles and public safety shall not operate an internal affairs program without first obtaining approval from the legislature when in session or the interim finance committee when the legislature is not in session. If such approval is obtained, the department shall not utilize the internal affairs program to conduct investigations on non-commissioned personnel.

      Sec. 51.  1.  If projects of the ending balance of the state general fund fall below the amount estimated by the 1993 legislature for fiscal year 1993-1994 or 1994-1995, the chief of the budget division of the department of administration shall report this information to the state board of examiners.

      2.  If the state board of examiners determines that the ending balance of the state general fund is projected to be less than $35,000,000 for fiscal year 1993-1994 or 1994-1995, the governor, pursuant to NRS 353.225, may direct the chief of the budget division to require the state controller or the head of each department, institution, or agency to set aside a reserve of not more than 15 percent of the total amount of operating or other appropriations and money otherwise available to such department, institution or agency.


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

ê1993 Statutes of Nevada, Page 1126 (Chapter 350, AB 787)ê

 

1993-1994 or 1994-1995, the governor, pursuant to NRS 353.225, may direct the chief of the budget division to require the state controller or the head of each department, institution, or agency to set aside a reserve of not more than 15 percent of the total amount of operating or other appropriations and money otherwise available to such department, institution or agency.

      3.  A reserve must not be set aside pursuant to this section unless:

      (a) The governor, on behalf of the state board of examiners, submits a report to the legislature, or if the legislature is not in session, to the interim finance committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and

      (b) The legislature or the interim finance committee approves setting aside of the reserve.

      Sec. 52.  The chief of the budget division of the department of administration shall, in preparing the work programs for agencies pursuant to NRS 353.215 for fiscal year 1993-1994 with respect to any budget account, title or organizational placement of a budget account which is changed pursuant to Assembly Bill No. 782 of this session on October 1, 1993, take necessary action to ensure appropriate work program authority exists for the period July 1, 1993, to September 30, 1993, under the existing budget accounts, titles and organizational structure in order to ensure an orderly transition to the provisions of Assembly Bill No. 782 of this session.

      Sec. 53.  1.  The section and sections 45 to 48, inclusive, of this act become effective on June 30, 1993.

      2.  The remaining sections of this act become effective on July 1, 1993.

 

________

 

 

CHAPTER 351, AB 788

Assembly Bill No. 788—Committee on Ways and Means

CHAPTER 351

AN ACT relating to projects of capital improvement; making appropriations from the state general fund and the state highway fund; providing for the issuance of general obligation bonds of the state; authorizing certain expenditures by the state public works board; requiring the repayment for certain projects by certain state agencies; levying a property tax to support the consolidated bond interest and redemption fund; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

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 public works board, the sum of $8,693,525 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:


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

ê1993 Statutes of Nevada, Page 1127 (Chapter 351, AB 788)ê

 

      Description                                                      Project No.       Amount

 

      1.       Capital improvements for the Department of Human Resources:

                Upgrade fire alarm system, NMHI, Sparks 93-M1                                                             $214,254

                Replace underground electric lines, NYTC, Elko 93-M6                                                       $215,551

                Renovations, Lakes Crossing, Sparks 93-M11                                                             $259,053

                Repair showers, latrines and kitchens, NYTC, Elko                                                               93-M12                                                             $155,446

                Rehabilitate adolescent recreation yard, Child and Family Services, Sparks                     93-M13                                                             $101,945

                Upgrade electrical phase protection, NMHI, Sparks                                                               93-M18                                                             $115,569

      2.       Capital improvements for the Department of Museums and History:

                Renovate HVAC system, Museums, Overton and Reno                                                       93-M9                                                             $182,329

                Metal storage building for restored locomotive, Virginia City                                            93-L5                                                               $27,169

      3.       Capital improvements for the Department of Prisons:

                Replace high mast lights, SDCC             93-M3                                                             $419,094

                Replace locking systems and security cameras, NSP and SDCC                                      93-M4                                                             $455,297

                Waterproof underground electrical system, SNCC                                                                 93-M5                                                               $93,740

                Upgrade HVAC system, Reno Correctional Facility                                                               93-M16                                                             $196,191

                Replace cell doors, NNCC                     93-M17                                                             $112,404

      4.       Capital improvements for the University and Community College System of Nevada:

                Campus improvements, CCSN                 93-U4                                                             $462,009

                Campus improvements, DRI                    93-U5                                                               $75,000

                Campus improvements, NNCC                93-U6                                                             $400,000

                Campus improvements, TMCC               93-U7                                                             $475,000

                Campus improvements, WNCC               93-U8                                                             $121,000


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

ê1993 Statutes of Nevada, Page 1128 (Chapter 351, AB 788)ê

 

      5.       Capital improvements for the Department of General Services:

                Capitol and mansion exterior surface restoration 93-M14                                                     $269,629

                Such office building furnishings/ equipment and site improvements, Las Vegas             93-C3                                                          $2,085,768

      6.       Advance planning                                     93-S4                                                             $582,675

      7.       Paving, statewide                                       93-S5                                                          $1,189,800

      8.       Asbestos removal, statewide                   93-S6                                                               $40,000

      9.       Underground petroleum storage tank removal, statewide                                                 93-S7                                                             $200,000

      10.     Replace HVAC system, OTAG, Office of Military, Carson City                                            93-M8                                                             $244.602

      Sec. 2.  The amount appropriated in section 1 for project L-5, metal storage building for restored locomotive, must not be committed for expenditure unless the building is constructed on land owned by the State of Nevada and the ownership of the locomotion is vested in the State of Nevada.

      Sec. 3.  Of the amount appropriated in section 1 of this act for project 93-C3, state office building furnishings/equipment and site improvements, $70,973 is allocated for the acquisition of furnishings for the legislative counsel bureau.

      Sec. 4.  Of the amount appropriated in section 1 for project 93-C3, state office building furnishings/equipment and site improvements, $12,000 is allocated for the installation of a sound system for the state gaming control board.

      Sec. 5.  The state public works board shall transfer the sum of $110,775 from the amount appropriated pursuant to section 1 of chapter 497, Statutes of Nevada 1991, at page 1525, for project 91-D1, advance planning, and $16,550 from the amount appropriated pursuant to section 1 of chapter 613, Statutes of Nevada 1989, at page 1370, for project 89-1, advance planning, to project 93-S4, advance planning, increasing authorized expenditures for project 93-S4 to $710,000.

      Sec. 6.  There is hereby appropriated from the state general fund to the University and Community College System of Nevada, the sum of $8,466,991 to support the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:

 

      Description                                                      Project No.       Amount

 

      1.       Campus improvements, Northern Regional Data Center                                                      93-U1                                                             $300,000

      2.       Campus improvements, UNLV                93-U2                                                          $2,575,625

      3.       Campus improvements, UNR                   93-U3                                                          $4,826,250

      4.       Campus improvements, CCSN                 93-U4                                                             $261,116

      5.       Campus improvements, DRI                    93-U5                                                             $175,000

      6.       Campus improvements, NNCC                93-U6                                                             $100,000


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

ê1993 Statutes of Nevada, Page 1129 (Chapter 351, AB 788)ê

 

      7.       Campus improvements, TMCC               93-U7                                                             $100,000

      8.       Campus improvements, WNCC               93-U8                                                             $129,000

      Sec. 7.  There is hereby appropriated from the state highway fund to the state public works board, the sum of $6,653,252 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:

 

      Description                                                      Project No.       Amount

 

      1.       Roofing, statewide                                     93-S1                                                             $140,000

      2.       Americans with Disabilities Act, statewide 93-S2                                                             $300,000

      3.       Paving, statewide                                       93-S5                                                               $50,000

      4.       Upgrade emergency power, DMV, Carson City  93-H1                                                        $324,242

      5.       Improve fire flow to hydrants and sprinklers, DMV, Carson City                                             93-H2                                                               $97,744

      6.       Add walkway to warehouse mezzanine, DMV, Carson City                                             93-H3                                                               $80,968

      7.       Asbestos removal, Galletti Way facility, DMV, Reno                                                        93-H4                                                               $74,695

      8.       Reno vate Galletti Way, facility, DMV, Reno 93-H5                                                          $3,263,380

      9.       Commercial drivers license/ express office, DMV, Las Vegas                                                93-L6                                                          $2,322,223

      Sec. 8.  The state board of examiners shall issue general obligation bonds of the State of Nevada in the face amount of not more than $37,171,927 for the following capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise described as follows:

 

      Description                                                      Project No.       Amount

 

      1.       Cheyenne campus, Phase V, CCSN        93-C5                                                        $13,647,782

      2.       Advanced technology center and library, TMCC                                                                  93-C7                                                          $7,312,588

      3.       West Charleston campus, Phase III, CCSN 93-G3                                                        $14,754,329

      4.       Winnemucca branch, NNCC                    93-C8                                                          $1,457,228

      Sec. 9.  The state controller may advance temporarily from the state general fund to the state public works board, until the date on which bonds authorized by section 8 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 8. The state controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.


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

ê1993 Statutes of Nevada, Page 1130 (Chapter 351, AB 788)ê

 

advanced amounts must be repaid immediately to the state general fund upon the sale of the bonds.

      Sec. 10.  The state public works board shall transfer the sum of $500,000 from the amount allocated pursuant to section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, for Project 91-C15, Classroom and Office Complex, UNLV to Project 93-C5, Cheyenne Campus, Phase V-Community College of Southern Nevada.

      Sec. 11.  The state public works board shall transfer the sum of $150,973 from the amount allocated pursuant to section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, for the construction, acquisition and improvement of a health sciences building on the campus of the University of Nevada, Las Vegas, to project 93-G3, West Charleston Campus, Phase III, CCSN.

      Sec. 12.  The state public works board shall transfer the sum of $9,763,012 from the amounts allocated or appropriated pursuant to sections 1, 5, 7, 8 and 9 of chapter 613, Statutes of Nevada 1989, at pages 1370 to 1373, inclusive, from the projects identified in this section to projects as authorized in section 14 of this act:

 

      Description                                                      Project No.       Amount

 

      1.       Forensic center, Southern Nevada          89-29                                                          $9,272,749

      2.       Southern Nevada Computer Center         89-37                                                               $12,440

      3.       Supreme court building and garage      89-38B                                                               $70,000

      4.       144-bed Women’s Prison, Phase I           89-44                                                             $193,255

      5.       Modular Housing Unit, NNCC                 89-47                                                               $50,000

      6.       Health Education Center, Phase II, West Charleston, CCCC                                   89-49                                                             $152,202

      7.       112-bed Conservation Camp                     89-50                                                                 $5,000

      8.       Clark County Community College, Phase II Henderson Campus                                89-64                                                                 $7,366

      Sec. 13.  The state public works board shall transfer the sum of $9,323,068 from the amounts allocated or appropriated pursuant to sections 4 and 12 of chapter 497, Statutes of Nevada 1991, at pages 1526 and 1529, respectively, from the projects identified in this section to projects as authorized in section 14 of this act:

 

      Description                                                      Project No.       Amount

 

      1.       Technical arts center, NNCC                    91-C3                                                             $290,000

      2.       Fallon Phase IV and Carson City LRC expansion, WNCC                                                     91-C4                                                               $50,000

      3.       General services warehouse, Las Vegas 91-C8                                                          $4,340,979


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

ê1993 Statutes of Nevada, Page 1131 (Chapter 351, AB 788)ê

 

      4.       Remodel supreme court building for Attorney General, Carson City                            91-C10                                                             $100,000

      5.       Juvenile treatment facility, Las Vegas (design)   91-C11                                                      $381,125

      6.       Regional medical facility                         91-C12                                                          $1,324,000

      7.       Tempered water-cell blocks A, B and C, and infirmary, NSP                                       91-M9                                                               $30,322

      8.       Asbestos abatement in state-owned buildings, statewide                                              91-M17                                                             $400,000

      9.       Replace underground heat lines, NNCC 91-M20                                                             $129,192

      10.     Structural rehabilitation of the old mint museum, Carson City                                          91-M32                                                             $300,000

      11.     Nellis site improvements/land acquisition 91-L4                                                          $1,977,450

      Sec. 14.  The state public works board shall use the $19,086,080 transferred from the projects identified in sections 12 and 13 of this act to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1993-1994 and 1994-1995 or otherwise as described as follows:

 

      Description                                                      Project No.       Amount

 

      1.       Roofing, statewide                                     93-S1                                                          $3,860,000

      2.       Americans with Disabilities Act              93-S2                                                          $2,300,000

      3.       Fire sprinklers                                             93-S3                                                          $2,093,500

      4.       Advance planning                                     93-S4                                                               $45,000

      5.       State office building furnishings/ equipment and site improvements                                  93-C3                                                          $1,260,855

      6.       Remodel Fremont school                          93-G1                                                          $1,647,894

      7.       Remodel old state library                          93-G2                                                             $488,067

      8.       Renovations and addition, State health lab, Reno                                                                  93-C1                                                          $2,412,622

      9.       Conservation camp reconstruction, SCC 93-C6                                                          $4,637,370

      10.     West Charleston Campus, Phase III, CCSN 93-G3                                                             $220,000

      11.     Winnemucca branch, NNCC                    93-C8                                                             $120,772

      Sec. 15.  In addition to the amounts authorized in sections 8 and 14 of this act for project 91-C8, Winnemucca branch, NNCC, the state public works board is authorized to use not more than $100,000 in donated money for the construction of that project.

      Sec. 16.  The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.


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

ê1993 Statutes of Nevada, Page 1132 (Chapter 351, AB 788)ê

 

      Sec. 17.  There is hereby appropriated from the state general fund to the legislative counsel bureau, the sum of $149,100 for the following miscellaneous building improvements for legislative buildings:

 

      Description                                                      Project No.       Amount

 

      1.       Prototype air-conditioning retrofit, Sedway Office Building                                                   93-L1                                                               $25,000

      2.       Lighting ballast retrofit, Legislative building 93-L2                                                               $26,000

      3.       Additional outside lighting, Legislative mall 93-L3                                                                 $8,100

      4.       Encapsulation of plenum areas in Legislative Building                                                   93-L4                                                               $90,000

      Sec. 18.  The legislature finds and declares the proceeds of the “State of Nevada, General Obligation Capital Improvement Bond, series November 1, 1991A” for project 91-C6, Lovelock correctional center, as allocated pursuant to sections 4 and 12 of chapter 497, Statutes of Nevada 1991, at pages 1526 and 1529, respectively, can be used for operation and maintenance of the Lovelock correctional center until June 30, 1995.

      Sec. 19.  The repayment by the purchasing division of the department of general services for the cost of project 91-C8, general services warehouse, Las Vegas, pursuant to section 17 of chapter 497, Statutes of Nevada 1991, at page 1529, must be made to the consolidated bond interest and redemption fund rather than the state general fund.

      Sec. 20.  On July 1, 1993, the state printing and micrographics division and the motor pool division of the department of general services shall repay to the state general fund all costs incurred by the state public works board on project 91-D1, for the project titled “general services printing addition” and the project titled “underground fuel storage, motor pool, statewide.”

      Sec. 21.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the state public works board to expedite the completion.

      Sec. 22.  1.  A tax ad valorem of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1993, and ending June 30, 1994, and a tax ad valorem of 15 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing July 1, 1994, and ending June 30, 1995. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this state including the net proceeds of minerals and excluding such property as is by law exempt from taxation.

      2.  The proceeds of the tax levied by subsection 1 are hereby appropriated for each fiscal year to the consolidated bond interest and redemption fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the state general fund.

      Sec. 23.  1.  On or before July 1, 1993, and July 1, 1994, the state controller shall estimate the amount of proceeds of the tax levied by section 22 of this act.


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

ê1993 Statutes of Nevada, Page 1133 (Chapter 351, AB 788)ê

 

this act. If the amount is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall reserve in the state general fund an amount which is sufficient to pay the remainder of the total obligation. The state controller may revise the estimate and amount reserved.

      2.  If the money in the consolidated bond interest and redemption fund is insufficient to pay those obligations as they become due, the state controller shall cause the money in reserve to be transferred from the state general fund to the consolidated bond interest and redemption fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

      3.  The state controller shall report to the legislature or, if the legislature is not in session, to the interim finance committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the state general fund based upon the estimate;

      (b) The amount of money transferred from the state general fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the state general fund pursuant to subsection 2.

      Sec. 24.  The state board of examiners, in its capacity as the general obligation bond commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 67th session of the Nevada legislature from the proceeds of those bonds.

      Sec. 25.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized from the consolidated bond interest and redemption account in the amount of $64,448,131 for the fiscal year beginning July 1, 1993, and ending June 30, 1994, and in the amount of $62,218,006 for the fiscal year beginning July 1, 1994, and ending June 30, 1995.

      Sec. 26.  The amounts appropriated pursuant to section 7 of this act from the state highway fund shall be allocated by the state controller as the funds are required for the projects and shall not be transferred to the projects from the state highway fund until required to make contract payments.

      Sec. 27.  With the approval of the interim finance committee, the state public works board and the University and Community College System of Nevada may transfer appropriated and authorized money from one project to another within the same agency or within the University and Community College System for those projects listed in sections 1, 6, 7, 8 and 14 of this act.

      Sec. 28.  This act becomes effective on June 30, 1993.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 1134ê

 

CHAPTER 352, SB 568

Senate Bill No. 568—Committee on Finance

CHAPTER 352

AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995; authorizing the assessment of certain boards for certain costs of the budget division of the department of administration; authorizing the collection of certain amounts from the counties for the use of the services of the public defender; and providing other matters properly relating thereto.

 

[Approved June 30, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1993, and ending June 30, 1994, and beginning July 1, 1994, and ending June 30, 1995, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:

 

                                                                                             1993-94               1994-95

 

Office of the governor

          Washington office                                        $218,974                                                   $230,478

Attorney general

          Administration                                              4,853,185                                                  4,895,915

          Tort claim fund                                             2,030,807                                                  2,833,677

          Workers compensation-fraud unit            1,610,056                                                  1,372,774

          Special fund                                                                                                                       151,000                                                     151,000

          Office of extradition coordinator                     55,000                                                       55,000

          Private investigators licensing                      216,499                                                     255,607

          Consumer’s advocate                                  1,220,373                                                  1,225,750

Secretary of state                                                      499,985                                                     510,630

Treasurer                                                                    276,669                                                     276,669

          Municipal bond bank revenue                 17,340,920                                                17,342,520

          Municipal bond bank debt service          17,168,800                                                17,170,400

Department of administration

          Administrative services division                  739,617                                                     748,650

          Budget division                                               269,856                                                     289,584

          Self-insurance trust fund                          90,932,717                                              106,476,490

          Retired employees group insurance          4,307,297                                                  4,875,146

          State employees workers compensation 14,486,614                                                15,907,529

          Indigent accident account                          4,390,874                                                  4,645,035

          Supplemental fund—indigents                  2,592,345                                                  2,761,786


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ê1993 Statutes of Nevada, Page 1135 (Chapter 352, SB 568)ê

 

          Mail services                                                 3,422,759                                                  3,635,523

          State printing office                                     3,522,595                                                  3,589,603

                    Records management-micrographics 244,399                                                     223,494

                    Printing office equipment                    439,314                                                     520,289

          Public works inspection                              2,586,502                                                  2,217,629

          Insurance and loss prevention                  1,773,227                                                  1,803,839

          Buildings and grounds                                7,423,398                                                  8,024,455

          Capitol police                                                   599,773                                                     741,147

          Clear Creek youth center                                118,520                                                     120,520

          Marlette Lake                                                   160,239                                                     160,593

          Water treatment plant                                     188,316                                                     187,700

          Motor vehicle operations division            1,858,774                                                  1,844,785

          Motor vehicle purchase                                 955,927                                                  1,101,620

          Purchasing division                                     1,762,682                                                  1,619,597

                    Equipment purchase                             133,778                                                     150,184

                    Food distribution program               1,725,141                                                  1,778,701

                    Surplus property administration         275,789                                                     266,283

          Hearings division                                         1,916,418                                                  1,954,849

          Workers compensation hearings reserve    307,125                                                     307,125

          Victims of crime program                             3,189,171                                                  3,344,317

Deferred compensation committee                           25,800                                                       25,800

Department of personnel                                      5,225,546                                                  5,164,171

          State unemployment compensation             750,000                                                     750,000

Department of tourism and economic development

          Tourism division                                          5,519,280                                                  5,960,188

                    Nevada magazine                               2,647,520                                                  2,993,998

          Film division                                                     360,714                                                     369,091

                    Rural community development        1,600,000                                                  1,600,000

                    Small business and procurement        363,436                                                     356,575

Department of taxation                                          2,718,388                                                  3,536,565

Department of information services

          Director’s office                                               408,330                                                     415,590

          Division of systems and programming     7,727,340                                                  9,736,963

          Division of facility management                6,035,806                                                  7,766,740

          Planning division                                            522,283                                                     550,383

          Telecommunications division                    1,548,338                                                  1,542,087

          Communications division                           1,020,526                                                  1,004,822

Employees management relations board                   3,000                      3,000 Legislative fund

 


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ê1993 Statutes of Nevada, Page 1136 (Chapter 352, SB 568)ê

 

Legislative fund

          Legal division                                                  740,497                                                     113,072

          Research division                                              12,000                                                       12,000

          Committee on high-level radioactive waste 125,000                                                     125,000

Court administrator                                                   822,115                                                     877,172

Supreme court                                                        2,579,707                                                  2,630,566

Uniform system of judicial records                        378,134                                                     401,585

Law library                                                                   17,000                                                       17,000

Retired justice duty fund                                         163,163                                                     172,283

Judicial education                                                     378,134                                                     401,585

District judges’ travel                                                 69,059                                                       72,511

Department of education

          Education: State programs                               17,717                                                         2,500

          Education Consolidation and Improvement Act, Chapter II                                2,374,718                                                  2,371,717

          Job Training and Partnership Act                456,751                                                     504,875

          Education for the Handicapped Act—Title VI                                                11,581,263                                                14,302,159

          Education Consolidation and Improvement Act—Chapter I                                17,102,642                                                17,904,934

          Support services                                             832,582                                                     825,376

          Personnel testing                                              35,014                                                       47,140

          Occupational education                              5,694,739                                                  5,561,447

          Child nutrition program                             19,531,343                                                21,467,734

          Adult basic education                                 1,590,379                                                  1,729,392

          Drug abuse education                                 2,109,850                                                  2,113,183

          Discretionary grants program                       347,429                                                     304,175

          Early childhood education                          2,127,281                                                  2,721,745

          Professional standards commission             130,000                                                     130,000

          Education of handicapped persons             784,514                                                     780,127

          Teacher training for handicapped children 197,874                                                     199,584

          EESA-TITLE II                                                 955,957                                                     932,440

          Teacher training-English as a second language                                                       90,000                                                       90,000

          School health education—AIDS                  287,063                                                     293,820

          Other education programs                               37,000                                                       39,001

          Student incentive grants                                429,146                                                     429,919

          Education gift fund                                           28,500 28,500 University and Community College System of Nevada

 


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ê1993 Statutes of Nevada, Page 1137 (Chapter 352, SB 568)ê

 

University and Community College System of Nevada

          System administration                                      69,429                                                       69,429

          Agriculture experiment station                   1,115,450                                                  1,115,450

          Cooperative extension service                   1,191,368                                                  1,191,368

          University of Ne vada, Reno                     18,757,607                                                19,814,936

          School of medical sciences                         1,928,155                                                  2,069,035

          University of Ne vada, Las Vegas            23,252,060                                                25,531,689

          Special projects account                             2,150,000                                                  2,150,000

          Community college of Southern Nevada  6,050,857                                                  7,181,361

          Western Nevada community college        1,369,355                                                  1,471,757

          Truckee Meadows community college     2,933,526                                                  3,134,349

          Northern Nevada community college          740,083                                                     825,104

          Radiation safety board—southern Nevada 126,393                                                     130,833

          Radiation safety board—northern Nevada 240,369                                                     249,879

          Desert research institute                                148,486                                                     148,486

W.I.C.H.E. loan fund                                                961,330                                                     714,153

Department of museums, library and arts               32,966                                                       32,966

          Nevada railroad museum                                277,283                                                     282,283

          Lost City museum                                             64,341                                                       69,140

          State museum Las Vegas                                 26,145                                                       28,083

          Nevada state museum                                    263,552                                                     276,518

          Nevada historical society                                54,909                                                       74,815

          Railroad depot—East Ely                                 74,473                                                       75,290

          Historic preservation                                      274,061                                                     276,893

          Nevada council on the arts                            699,733                                                     684,976

          State library                                                      913,198                                                     929,047

          Literacy program                                               35,000                                                       35,181

          Archives and records                                         7,580                                                         7,580

          Central libraries automated network             241,718                                                     243,856

Department of human resources

          Director’s office                                            7,226,736                                                  7,222,448

                    Hospital tax account                        84,245,410                                                65,140,781

          Public defender                                                611,282                                                     588,183

          Health resources and cost review                175,000          175,000

          Purchase of social services                      13,996,894                                                14,752,726

          Aging services                                             5,365,051                                                  5,441,326

          Senior services program                              3,428,957                                                  3,620,178

          Radioactive material disposal                     6,547,797                                                  6,766,565


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ê1993 Statutes of Nevada, Page 1138 (Chapter 352, SB 568)ê

 

 

          Child and family services division             7,118,571                                                  7,475,724

          Northern Nevada child and adolescent services                                                  2,042,196                                                  2,042,196

          Southern Nevada child and adolescent services                                                  2,666,862                                                  2,666,862

          Southern Nevada children’s home               145,220                                                             -0-

          Child care services bureau                             327,649                                                     327,649

          Youth alternative placements                        498,359                                                     527,215

          Nevada youth training center                       237,000                                                     239,000

          Youth parole                                                    185,767                                                     165,824

                    Youth training center—ECIA—Chapters 1 and 2                                           190,345                                                     195,841

                    Youth training center farm                     18,000                                                       18,000

          Caliente youth center                                     224,286                                                     224,286

          Chapter I—Special education                    1,250,520                                                  1,250,520

          Youth community services                       10,347,106                                                11,498,101

          Victims of domestic violence                      1,221,862                                                  1,499,958

          Child abuse and neglect                                 164,555                                                     164,858

          Probation subsidies                                        214,680                                                     217,628

          Child welfare trust                                           887,041                                                     921,080

          Children’s trust account                                842,293                                                     891,939

          Health division

                    Office of the state health officer         517,454                                                     525,839

                    Vital statistics                                        199,967                                                     216,371

                    Bureau of health facilities                 2,195,053                                                  2,280,964

                    Family planning                                     494,216                                                     473,914

                    Laboratory and research                      927,312                                                     942,108

                    Women’s, infants’ and children’s food supplement program            14,137,386                                                15,364,723

                    Bureau of children’s health services                                                  1,956,329                                                  1,974,300

                    Special children’s clinic                       497,776                                                     516,180

                    Community health services              1,239,021                                                  1,249,139

                    Emergency medical services               297,295                                                     109,855

                    Health aid to counties                            63,500                                                       63,500

                    Sexually transmitted disease control                                                  1,597,221                                                  1,599,851

                    Immunization program                          959,963                                                  1,099,400


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ê1993 Statutes of Nevada, Page 1139 (Chapter 352, SB 568)ê

 

                    Consumer protection                         1,260,921                                                  1,266,757

                    Radiological health                               808,278                                                     529,366

                    Communicable disease control             67,327                                                       67,566

                    Cancer control registry                          99,128                                                     105,760

          Mental hygiene and mental retardation division                                                     672,129                                                     674,070

                    Nevada mental health institute        1,744,382                                                  1,509,665

                    Facility for the mental offender           146,255                                                     146,255

                    Rural clinics                                        1,342,023                                                  1,277,089

                    Southern Nevada adult mental health services                                   1,633,110                                                  1,602,013

                    Southern MH/MR food service          801,535                                                     805,239

                    Southern Nevada mental retardation services                                   5,481,405                                                  5,648,651

                    Northern Nevada mental retardation services                                   4,503,987                                                  4,615,892

                    Community training centers             1,278,663                                                  1,281,022

                    Resident placement                           2,228,615                                                  2,278,076

          Welfare division