[Rev. 3/19/2013 1:21:30 PM]

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ê1993 Statutes of Nevada, Page 2661 (Chapter 637, SB 557)ê

 

      3.  Except as otherwise provided in this subsection, if one or more local governments take over the functions previously performed by a local government which no longer exists, the Nevada tax commission shall add to the allowed revenue from taxes ad valorem 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. 11.  NRS 450.510 is hereby amended to read as follows:

      450.510  1.  The board of county commissioners of any county whose population is less than 100,000 may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county. The contract must be consistent with the provisions of NRS 439B.300 to 439B.340, inclusive, if applicable.

      2.  The contracting county may participate [, from its county hospital construction fund or otherwise,] in the enlargement or alteration of the hospital.

      Sec. 12.  Section 59 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       Sec. 59.  NRS 350.024 is hereby amended to read as follows:

       350.024  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 obligations are to be issued or incurred.

       (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 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, including the anticipated interest, separately stating the total principal, the total anticipated interest and the anticipated interest rate.

       (f) The maximum number of years which the obligations are to run.


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ê1993 Statutes of Nevada, Page 2662 (Chapter 637, SB 557)ê

 

       (g) An estimate of the range of tax rates necessary to provide for debt service upon the obligations for the dates when they are to be redeemed. 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.  If an operating or maintenance rate is proposed in conjunction with the question to issue obligations, the questions may be combined, but the sample ballot and notice of election must each state the tax rate required for the obligations separately from the rate proposed for operation and maintenance.

       3.  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.

       4.  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. 13.  Section 61 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       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 duration of the levy must not exceed 30 years. 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 is original imposition.

       2.  A special election may be held only if the governing body of the local government determines, by a unanimous vote, that an emergency exits. 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.


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ê1993 Statutes of Nevada, Page 2663 (Chapter 637, SB 557)ê

 

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 of 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. 14.  NRS 244.263, section 2 of Senate Bill No. 172 of this session and sections 3 and 4 of Assembly Bill No. 282 of this session are hereby repealed.

      Sec. 15.  Notwithstanding the provisions of paragraph (b) of subsection 1 of NRS 350.0035, as amended by this act, each governing body of a political subdivision and each board of trustees of a general improvement district shall first comply with those provisions on or before January 1, 1994.

      Sec. 16.  This act becomes effective upon passage and approval.

 

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CHAPTER 638, SB 552

Senate Bill No. 552–Committee on Government Affairs

CHAPTER 638

AN ACT relating to elections; establishing the secretary of state as the chief officer of elections; making various changes related to the procedures for filing petitions and verifying the signatures on petitions; reducing the number of signatures that a person must collect to qualify as an independent candidate on the ballot; making various other changes; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.


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ê1993 Statutes of Nevada, Page 2664 (Chapter 638, SB 552)ê

 

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. The secretary of state shall serve as the chief officer of elections for this state. The secretary of state shall be responsible for the execution and enforcement of the provisions of Title 24 of NRS and all other provisions of state and federal law relating to elections in this state.

      Secs. 4 and 5.  (Deleted by amendment.)

      Sec. 6.  1.  The secretary of state shall prepare an informational pamphlet describing the requirements for filing and circulating petitions. The pamphlet must also contain a sample of a petition to demonstrate an acceptable format for a petition.

      2.  The pamphlets must be made available to the public and must be distributed to any person who requests a pamphlet upon payment of the applicable fee, if any. The secretary of state may impose a fee for the pamphlet in an amount not to exceed the cost to produce the pamphlet.

      Sec. 7.  1.  The county clerk shall issue a receipt to any person who submits a petition for the verification of signatures or a petition, declaration of or acceptance of candidacy. The receipt must state:

      (a) The number of documents submitted;

      (b) The number of pages of each document; and

      (c) The number of signatures which the person declares are on the petition.

      2.  If a petition consists of more than one document, all of the documents must be submitted to the county clerk for verification at the same time.

      3.  The county clerk shall not accept a petition unless each page of the petition is numbered.

      4.  Each signature on the petition must be signed in ink. The county clerk shall disregard any signature which is not signed in ink.

      5.  As used in this section, “document” includes material which is separately compiled and bound together and may consist of one or more sheets of paper.

      Sec. 8.  1.  If the secretary of state determines that the total number of signatures that the county clerks have certified pursuant to NRS 293.1277 or 293.1279 is less than 100 percent of the number of registered voters needed to make the petition sufficient, the person who submitted the petition may contest the verification of the votes by filing an appeal with the secretary of state. The appeal must:

      (a) Be filed not less than 5 working days after receipt of notification of the determination of the secretary of state;

      (b) Include each reason for the appeal; and

      (c) Include a statement of the number of signatures, if any, that the county clerk determined were invalid.

      2.  The secretary of state shall consider the allegations and conduct an investigation if necessary.

      Sec. 9.  1.  If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the secretary of state shall:

      (a) If he finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the secretary of state determines are valid.


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ê1993 Statutes of Nevada, Page 2665 (Chapter 638, SB 552)ê

 

      (b) If he does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.

      2.  If the secretary of state is unable to make a decision on the appeal based upon the documents submitted to him, the secretary of state may order the county clerk to reverify the signatures.

      3.  The decision of the secretary of state is a final decision for the purposes of judicial review. The decision of the secretary of state may only be appealed in the first judicial district court.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11. The county clerk, city clerk or other person responsible for preparing the ballot shall transmit any question that will be presented to the voters to the secretary of state as soon as practicable after determining that the question will be placed on the ballot.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 293.1276 is hereby amended to read as follows:

      293.1276  1.  Within [5] 2 days excluding Saturdays, Sundays and holidays, after the submission of a petition containing signatures which are required to be verified pursuant to NRS 293.128, [293.1715,] 293.172, 293.200, 295.056, 298.109 or 306.035, the county clerk shall determine the total number of signatures affixed to the documents and [shall transmit] forward that information to the secretary of state.

      2.  If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the person who submitted the petition and the county clerks and no further action may be taken in regard to the petition. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      3.  After the petition is submitted to the county clerk it must not be handled by any other person except by an employee of the county clerk’s office until it is filed with the secretary of state.

      Sec. 14.  NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within [15] 7 days excluding Saturdays, Sundays and holidays after [such a] notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.

      2.  If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

      3.  In determining from the records of registration [what] the number of registered voters [have] who signed the documents, the county clerk may use the file of affidavits of registered voters or facsimiles of the voters’ signatures.


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ê1993 Statutes of Nevada, Page 2666 (Chapter 638, SB 552)ê

 

the file of affidavits of registered voters or facsimiles of the voters’ signatures. If the county clerk uses that file, he must ensure that every affidavit in the file is examined, including any affidavits in his possession which may not yet be entered into his records. The county clerk may rely on the appearance of the signature and the address and date included with each signature in making his determination.

      4.  Except as otherwise provided in subsection [5,] 6, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerk’s office.

      5.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109 or 306.035 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      6.  For any petition [other than a petition] containing signatures which are required to be verified pursuant to the provisions of NRS [293.128, 293.1715, 293.200, 295.056 or 298.109, or a petition containing signatures which are required to be verified pursuant to NRS 306.035 for any statewide office or district office comprising more than] 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not transmit to the secretary of state the documents containing the signatures of the registered voters.

      [6.]7.  The secretary of state may by regulation establish further procedures for carrying out the [purposes] provisions of this section.

      Sec. 15.  NRS 293.1278 is hereby amended to read as follows:

      293.1278  1.  If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks. [If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.]

      2.  If those certificates establish that the petitioners have more than [110] 100 percent of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of certificates showing the petition to have reached [110] 100 percent, and the secretary of state shall immediately so notify the petitioners and the county clerks. [If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.]

      Sec. 16.  NRS 293.1279 is hereby amended to read as follows:

      293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than [110] 100 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine [every signature] the signatures for verification. The county clerks must examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid.


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ê1993 Statutes of Nevada, Page 2667 (Chapter 638, SB 552)ê

 

of the number of signatures of registered voters needed to declare the petition sufficient are valid.

      2.  If the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than [110] 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county, the secretary of state may order the county clerk in that county to examine every signature for verification.

      3.  Within [30] 15 days excluding Saturdays, Sundays and holidays after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters’ signatures. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

      4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately [transmit] forward the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the county clerk’s office.

      5.  For any petition [other than a petition] containing signatures which are required to be verified pursuant to the provisions of NRS [293.128, 293.1715, 293.200, 295.056 or 298.109, or a petition containing signatures which are required to be verified pursuant to NRS 306.035 for any statewide office or district office comprising more than] 293.200 or 306.035 for any county, district or municipal office within one county, the county clerk shall not [transmit] forward to the secretary of state the documents containing the signatures of the registered voters.

      6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.

      7.  If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the secretary of state shall also notify the officer with whom the petition is to be filed.

      Sec. 17.  NRS 293.172 is hereby amended to read as follows:

      293.172  1.  A petition filed pursuant to paragraph (c) of subsection 2 of NRS 293.1715 may consist of more than one document. Each document of the petition must:

      (a) Bear the name of [a county and include the affirmation of at least one of its signers] the county in which it was circulated;


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ê1993 Statutes of Nevada, Page 2668 (Chapter 638, SB 552)ê

 

      (b) Include the affidavit of the person who circulated the document verifying that the signers are registered voters in the state according to his best information and belief and that the signatures are genuine and were signed in his presence; and

      [(b)](c) Be submitted to the county clerk in the county in which [they are] it is circulated for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [65] 40 days before the [2nd Friday] third Tuesday in August. A challenge to the form of a petition filed pursuant to paragraph (c) of subsection 2 of NRS 293.1715 must be made in a district court in the county in which the petition was circulated.

      2.  A document which bears the name of the county may be signed only by registered voters of that county.

      3.  Each person who signs a document shall also provide the address of the place where he resides, the date that he signs and the name of the county in which he is registered to vote.

      4.  The county clerk shall not disqualify the signature of a voter who failed to provide all of the information required by this section if the voter is registered in the county named on the document.

      Secs. 18 and 19.  (Deleted by amendment.)

      Sec. 20.  NRS 293.200 is hereby amended to read as follows:

      293.200  1.  [Independent candidates] An independent candidate for partisan office must file with the proper filing officer [a] :

      (a) A copy of the petition of candidacy that he intends to circulate for signatures. The copy must be filed before the petition may be circulated.

      (b) A petition of candidacy signed by a number of registered voters equal to at least [3] 1 percent of the total number of ballots cast in the state or in the county or district electing that officer at the last preceding general election [.] in which a person was elected to that office.

      2.  The petition may consist of more than one document. Each document must bear the name of [a] the county in which it was circulated and only registered voters of that county may sign the document. The person who circulates the document must be a registered voter of that county. If the office is a district office, only the registered voters of that district may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [65] 40 days before filing the petition of candidacy with the proper filing officer. Each signer shall add to his signature the address of the place at which he actually resides , the date that he signs the petition and the name of the county where he is registered to vote for the purpose of determining whether he is a registered voter. [One of the signers of] The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

      3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

      4.  Petitions of candidacy must be filed not earlier than [January 1] the first Tuesday in March preceding the general election and not later than 5 p.m. on the [second Friday] third Tuesday in August.


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ê1993 Statutes of Nevada, Page 2669 (Chapter 638, SB 552)ê

 

      5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

      6.  A person may not file as an independent candidate if he is proposing to run as the candidate of a political party . [whose name includes the word “independent.”]

      7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

      8.  If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [third Friday] fourth Tuesday in August. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [third Friday] fourth Tuesday in August.

      9.  Any challenge pursuant to subsection 8 must be filed with:

      (a) The first judicial district court if the petition of candidacy was filed with the secretary of state.

      (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

      10.  An independent candidate for partisan office must file a declaration of candidacy with the proper filing officer and pay the fee required by NRS 293.193 not earlier than [January 1] the first Tuesday in March of the year in which the election is held nor later than 5 p.m. of the first Wednesday in July.

      Secs. 21-29.  (Deleted by amendment.)

      Sec. 30.  NRS 293.710 is hereby amended to read as follows:

      293.710  1.  It is unlawful for any person, in connection with any election [,] or petition, whether acting himself or through another person in his behalf, to:

      (a) Use or threaten to use any force, coercion, violence, restraint or undue influence;

      (b) Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another;

      (c) Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question;

      (d) Impede or prevent, by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his vote; or

      (e) Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.

      2.  [Any] Unless a greater penalty is provided by law, any violation of this section is a gross misdemeanor.

      Secs. 31-47.  (Deleted by amendment.)

      Sec. 48.  NRS 295.056 is hereby amended to read as follows:

      295.056  1.  Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk for verification the document or documents which are circulated for signature within his county.


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ê1993 Statutes of Nevada, Page 2670 (Chapter 638, SB 552)ê

 

his county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

      2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not [less than 95 days before the next regular session of the legislature.] later than the second Tuesday in November of an even-numbered year.

      3.  If a petition for initiative proposes an amendment to the constitution, the document or documents must be submitted not [less than 155 days before the date of the next succeeding general election.] later than the third Tuesday in June of an even-numbered year.

      4.  If the petition is for referendum, the document or documents must be submitted not [less than 185 days before the date of the next succeeding general election.] later than the third Tuesday in May of an even-numbered year.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time.

      Sec. 49.  NRS 298.109 is hereby amended to read as follows:

      298.109  1.  A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a declaration of candidacy and a petition of candidacy, in which he [may] must also designate his nominee for Vice President. The petition must be signed by [the candidate for President, his nominee for Vice President if designated, and by] a number of registered voters equal to not less than [3] 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition he intends to circulate for signatures with the secretary of state.

      2.  The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The document which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than [65] 40 days before filing the petition of candidacy with the secretary of state. Each person signing shall add to his signature the address of the place at which he resides , the date that he signs and the name of the county wherein he is registered to vote. Each document of the petition must also contain the [affirmation of at least one of the signers] affidavit of the person who circulated the document that all signatures thereon are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

      3.  Each independent candidate so nominated for the office of President shall at the time of filing his petition as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his elections, all of whom must then be registered voters.


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ê1993 Statutes of Nevada, Page 2671 (Chapter 638, SB 552)ê

 

be registered voters. Immediately following receipt of each candidate’s written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.

      4.  If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the first judicial district court not later than 5 p.m. on the [third Friday] fourth Tuesday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the [third Friday] fourth Tuesday in August.

      5.  The county clerk shall not disqualify the signature of a voter who fails to provide all of the information required by this section if the voter is registered in the county named on the document.

      Sec. 50.  NRS 481.071 is hereby amended to read as follows:

      481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in paragraph (e) of that subsection.

      2.  Unless the organization of the department is changed by the director, the primary functions and responsibilities of the specified divisions of the department are as follows:

      (a) The registration division shall:

             (1) Execute, administer and enforce the provisions of chapter 482 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws;

             (2) Execute and administer the laws relative to the licensing of motor vehicle carriers and the use of public highways by those carriers as contained in chapter 706 of NRS;

             (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws;

             (4) Execute and administer the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles; and

             (5) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

      (b) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

      (c) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and advise and assist the director and the various divisions in carrying out their functions and responsibilities.

      (d) The investigation division shall [execute,] :

             (1) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous days [, and perform] ;

             (2) Assist the secretary of state in carrying out an investigation pursuant to section 3 of this act; and


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

ê1993 Statutes of Nevada, Page 2672 (Chapter 638, SB 552)ê

 

             (3) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other laws.

      (e) The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws

      Sec. 51.  NRS 481.240 is hereby amended to read as follows:

      481.240  The chief of the investigation division shall:

      1.  Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the attorney general or any sheriff, chief of police or district attorney.

      2.  Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.

      3.  Provide and operate a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.

      4.  Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.

      5.  Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.

      6.  Enforce the provisions of chapter 453 of NRS.

      7.  Maintain the records and other information forwarded to the division to assist in locating missing persons or identifying dead bodies.

      8.  Furnish information relating to any person of whom he maintains a record to any law enforcement agency.

      9.  Assist the secretary of state in carrying out an investigation pursuant to section 3 of this act.

 

________

 

 


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

ê1993 Statutes of Nevada, Page 2673ê

 

CHAPTER 639, SB 544

Senate Bill No. 544–Senators Callister, Titus, Brown, Glomb, Adler, Hickey, Neal, Rawson and Shaffer

CHAPTER 639

AN ACT relating to the Red Rock Canyon national conservation area; prescribing the control of activities within the Red Rock Canyon national conservation area; prohibiting certain activities in that area; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The legislature finds and declares that this special act which regulates activity in the Red Rock Canyon national conservation area is necessary because of:

      1.  The unusual beauty of the Red Rock Canyon national conservation area; and

      2.  The rapidly increasing population and growth in the region around the Red Rock Canyon national conservation area.

      Sec. 2.  As used in sections 1 to 4, inclusive, of this act, “Red Rock Canyon national conservation area” means the area in and around Red Rock Canyon which has been designated as a national conservation area by Congress pursuant to Title 16 of the United States Code.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, the governing body of a city or county whose territory includes all or any part of the Red Rock Canyon national conservation area shall in regulating the use of land prohibit the use of any part of the national conservation area for any purpose other than recreation, and shall prohibit excavation, the extraction of any substance, and the erection of any structure within the national conservation area.

      2.  Within the boundaries of a patented or unpatented mining claim the governing body may permit excavation, the extraction of any substance, or the making of improvements only to the extent permitted by a federally approved plan of operations or exempted by federal law or regulation from having an approved plan of operations.

      Sec. 4.  In the absence or pending the adoption and effectiveness of an ordinance complying with section 3 of this act, excavation, the extraction of any substance, and the erection of any structure are prohibited within the Red Rock Canyon national conservation area unless a permit is first obtained from the division of environmental protection of the state department of conservation and natural resources. The division shall not issue such a permit if the proposed activity would be detrimental to the environment outside the Red Rock Canyon national conservation area or would preclude the designation of the national conservation area as wilderness.

      Sec. 5.  1.  This section and sections 1, 2 and 4 of this act become effective upon passage and approval.


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

ê1993 Statutes of Nevada, Page 2674 (Chapter 639, SB 544)ê

 

      2.  Section 3 of this act becomes effective upon passage and approval for the development and adoption of ordinances complying with that section, and on October 1, 1993, for all other purposes. An ordinance complying with section 3 of this act must not become effective before October 1, 1993.

 

________

 

 

CHAPTER 640, SB 542

Senate Bill No. 542–Committee on Government Affairs

CHAPTER 640

AN ACT relating to the department of human resources; providing for the statutory transfer of certain powers to the division of child and family services from other divisions of the department; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except for gifts or grants specifically accounted for in another account, any gifts or grants of money which the division is authorized to accept must be deposited in the state treasury to the credit of the division of child and family services’ gift and cooperative account in the department of human resources’ gift fund.

      2.  Money in the account must be expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the administrator before they are paid.

      Sec. 2.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 2, the director:

      (a) Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:

             (1) The administrator of the aging services division;

             (2) The administrator of the health division;

             (3) The administrator of the rehabilitation division;

             (4) The state welfare administrator; and

             (5) The administrator of the division of child and family services.

      (b) Shall administer, through the divisions of the department, the provisions of chapters 210, 423 to 427A, inclusive, [432] 432A to 436, inclusive, 439 to 442, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445.015 to 445.038, inclusive, sections 12, 67 to 76, inclusive, and 102 to 136, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.

      (c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The director shall revise the plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session.


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

ê1993 Statutes of Nevada, Page 2675 (Chapter 640, SB 542)ê

 

plan biennially and deliver a copy of the plan to the governor and the legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the state and the Federal Government;

             (4) Identify the sources of funding for services provided by the department and the allocation of that funding;

             (5) Set forth sufficient information to assist the department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the department.

      (d) Shall, upon request, provide the director of the department of general services a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  The governor shall appoint the administrator of the mental hygiene and mental retardation division.

      Sec. 3.  NRS 232.410 is hereby amended to read as follows:

      232.410  As used in NRS 232.400 to 232.465, inclusive, and section 1 of this act, unless the context requires otherwise:

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

      2.  “Division” means the division of child and family services of the department.

      Sec. 4.  NRS 232.420 is hereby amended to read as follows:

      232.420  The division [of child and family services in the department] consists of an administrator and [the following bureaus:] :

      1.  The Nevada youth training center bureau ; [.]

      2.  The Caliente youth center bureau [.

      3.  Northern] ;

      3.  The northern Nevada children’s home bureau [.

      4.  Southern] ;

      4.  The southern Nevada children’s home bureau [.

      5.  Bureau] ;

      5.  The bureau of services for child care [.

      6.  Youth] ;

      6.  The youth parole bureau [.] ; and


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

ê1993 Statutes of Nevada, Page 2676 (Chapter 640, SB 542)ê

 

      7.  Within the limits of legislative appropriation, such additional administrative sections as the administrator determines are necessary to perform the functions of the division.

      Sec. 5.  NRS 232.440 is hereby amended to read as follows:

      232.440  1.  The administrator shall appoint, with the approval of the director, a chief of each of the bureaus in the division. The chiefs are designated respectively as:

      (a) The superintendent of the Nevada youth training center;

      (b) The superintendent of the Caliente youth center;

      (c) The superintendent of the northern Nevada children’s home;

      (d) The superintendent of the southern Nevada children’s home;

      (e) The chief of the bureau of services for child care; and

      (f) The chief of the youth parole bureau.

      2.  The administrator is responsible for the administration, through the division, of the provisions of chapters 210 , [and] 423 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 232.400 to [232.460, inclusive, 232.465, any provisions with regard to which powers and duties have been assigned to the division pursuant to NRS 232.463,] 232.465, inclusive, and 432.010 to 432.085, inclusive, sections 1, 12, 67 to 76, inclusive, and 102 to 136, inclusive, of this act, and all other provisions of law relating to the functions of the division, but is not responsible for the professional activities of the components of the division except as specifically provided by law.

      Sec. 6.  Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any county where it is deemed advisable, the judge of the juvenile court or family court may establish a youth services commission.

      2.  Each youth services commission must consist of five persons appointed by the judge of the court.

      3.  The youth services commission shall advise with the division of child and family services of the department of human resources, the governing bodies of each city and the county, the judge of the court, the governor and the legislature to:

      (a) Determine the extent to which various departments, agencies and organizations may wish to cooperate in a common effort to coordinate their existing programs and develop new programs to reduce the incidence of juvenile delinquency;

      (b) Develop necessary formal agreements among those departments, agencies and organizations, including agreements involving the joint exercise of power;

      (c) Initiate, where feasible, other special projects for the prevention of delinquency through the use and coordination of existing resources within the community; and

      (d) Seek and secure money and resources to carry out the purposes of the youth services commission.

      Sec. 7.  NRS 62.123 is hereby amended to read as follows:

      62.123  1.  In each judicial district which includes a county whose population is 100,000 or more, there must be appointed a director of juvenile services. The appointment must be made by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.


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

ê1993 Statutes of Nevada, Page 2677 (Chapter 640, SB 542)ê

 

hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the probation committee.

      2.  The director of juvenile services is directly responsible to the family court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:

      (a) The [welfare] division of child and family services of the department of human resources;

      (b) The public schools of the judicial district;

      (c) All law enforcement agencies of the judicial district;

      (d) The probation committee; and

      (e) The detention home or facilities of the judicial district.

The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.

      3.  The director shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.

      4.  The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.

      5.  The director is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge or judges of the family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

      6.  The salary of the director must be fixed by the judge or judges of the family division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

      7.  As used in this section, “matter otherwise within the jurisdiction of the juvenile court” means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.

      Sec. 8.  NRS 62.390 is hereby amended to read as follows:

      62.390  1.  In carrying out the objects and purposes of this chapter, the juvenile court may [utilize] use the services and facilities of the [welfare] division of child and family services of the department of human resources provided by such division pursuant to the provisions of chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

      2.  The [welfare] division of child and family services shall determine the plans, placements and services to be provided any child pursuant to this chapter, chapter 432 of NRS and NRS 432B.010 to 432B.400, inclusive.

      Sec. 9.  NRS 125A.080 is hereby amended to read as follows:

      125A.080  1.  If the petitioner for an initial decree has wrongfully taken the child from another state or has engaged in similar reprehensible conduct the court may decline to exercise jurisdiction if this is just and proper under the circumstances.


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

ê1993 Statutes of Nevada, Page 2678 (Chapter 640, SB 542)ê

 

      2.  Unless required in the interest of the child, the court shall not exercise its jurisdiction to modify a custody decree of another state if the petitioner, without consent of the person entitled to custody, has improperly removed the child from the physical custody of the person entitled to custody or has improperly retained the child after a visit or other temporary relinquishment of physical custody. If the petitioner has violated any other provision of a custody decree of another state the court may decline to exercise its jurisdiction if this is just and proper under the circumstances.

      3.  Where the court declines to exercise jurisdiction pursuant to subsection 1, the court shall notify the parent or other appropriate person and the prosecuting attorney of the appropriate jurisdiction in the other state. Upon request of the court of the other state, the court of this state shall order the petitioner to appear with the child in a custody proceeding instituted in the other state in accordance with NRS 125A.230.

      4.  Where the court refused to assume jurisdiction to modify the custody decree of another state pursuant to subsection 2 or pursuant to NRS 125A.180, the court shall notify the person who has legal custody under the decree of the other state and the prosecuting attorney of the appropriate jurisdiction in the other state and may order the petitioner to return the child to the person who has legal custody. If it appears that the order will be ineffective and the legal custodian is ready to receive the child within 10 days, the court may place the child in a foster home approved by the [welfare] division of child and family services of the department of human resources for that period, pending return of the child to the legal custodian. At the same time, the court shall advise the petitioner that any petition for modification of custody must be directed to the appropriate court of the other state which has continuing jurisdiction or, if that court declines jurisdiction, to a court in a state which has jurisdiction.

      5.  In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorney’s fees, incurred by other parties or their witnesses.

      Sec. 10.  Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.

      Sec. 11.  As used in this chapter, unless the context otherwise requires, “division” means the division of child and family services of the department of human resources.

      Sec. 12.  1.  Except as otherwise provided in this section, the division may charge reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required pursuant to NRS 127.280.

      2.  The fees charged for those services must vary based on criteria developed by the division, but must not exceed $2,500. The division shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.

      3.  A fee must not be charged for services related to the adoption of a child with special needs.


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

ê1993 Statutes of Nevada, Page 2679 (Chapter 640, SB 542)ê

 

      4.  The division may waive or reduce any fee charged pursuant to this section if it determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

      5.  Any money collected pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by the division.

      Sec. 13.  NRS 127.007 is hereby amended to read as follows:

      127.007  1.  The [welfare division of the department of human resources] division shall maintain the state register for adoptions, which is hereby established, in its central office for the purpose of providing information to identify adults who were adopted and persons related to them within the third degree of consanguinity.

      2.  The state register for adoptions consists of:

      (a) Names and other information, which the [state welfare] administrator of the division deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the [welfare] division;

      (b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the [welfare] division; and

      (c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the [welfare] division.

Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The [welfare] division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information to identify that person, including the information that such a name was ever in the register.

      3.  Except as otherwise provided in subsection 4, the [welfare] division may release information:

      (a) About a person related within the third degree of consanguinity to an adopted person; or

      (b) About an adopted person to a person related within the third degree of consanguinity,

if the names and information about both are contained in the register.

      4.  An adopted person may, by submitting a written request to the [welfare] division, restrict the release of any information concerning himself to one or more categories of relatives within the third degree of consanguinity. The [welfare] division shall not release information:

      (a) About a person related within the third degree of consanguinity to an adopted person; or

      (b) About an adopted person to a person related within the third degree of consanguinity,

without the consent of the natural parent.

      Sec. 14.  NRS 127.008 is hereby amended to read as follows:

      127.008  1.  The [welfare division of the department of human resources] division shall establish a register of children with special needs. The register must include descriptive information on every child with special needs for whom a prospective adoptive parent is not identified within 3 months after the child becomes available for adoption, but must not include any personal information which reveals the identity of the child or his parents.


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

ê1993 Statutes of Nevada, Page 2680 (Chapter 640, SB 542)ê

 

must include descriptive information on every child with special needs for whom a prospective adoptive parent is not identified within 3 months after the child becomes available for adoption, but must not include any personal information which reveals the identity of the child or his parents. A copy of the register must be made available for review by prospective adoptive parents at each office of the [welfare] division.

      2.  As used in this section, “child with special needs” means a child for whom placement with an adoptive parent is, in the opinion of the [state welfare] administrator of the division or his designee, made more difficult because of the child’s age, race or number of siblings, or because the child suffers from a severe or chronic medical, physical, mental or emotional condition.

      Sec. 15.  NRS 127.009 is hereby amended to read as follows:

      127.009  1.  The [welfare division of the department of human resources] division shall prepare a booklet on adoption in this state which includes the following information:

      (a) The legal basis of adoption;

      (b) The purpose of adoption;

      (c) The process of adoption;

      (d) The number of children who are willing to be adopted, including statistical information regarding:

             (1) The gender and ethnic background of the children who are waiting to be adopted;

             (2) The number of children placed in foster homes who are waiting to be adopted;

             (3) The number of children with special needs who are waiting to be adopted; and

             (4) The number of siblings who are waiting to be adopted;

      (e) The name and location of agencies in Nevada that place children with adoptive parents;

      (f) The number of prospective adoptive parents;

      (g) A comparison of Nevada to the surrounding states regarding the placement of children with adoptive parents; and

      (h) A comparison of the [welfare] division to other agencies located in Nevada regarding the placement of children with adoptive parents.

      2.  The division shall:

      (a) Revise the information in the booklet annually.

      (b) Distribute the booklet to persons and organizations whose patients or clients are likely to become involved with the process of adoption in this state. The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.

      Sec. 16.  NRS 127.050 is hereby amended to read as follows:

      127.050  1.  The following agencies may accept relinquishments for the adoption of children from parents and guardians in this state:

      (a) The [welfare division of the department of human resources] division in its own capacity or on behalf of a child-placing agency authorized under the laws of another state to accept relinquishments and make placements; or

      (b) A child-placing agency licensed by the [welfare division of the department of human resources.] division.


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

ê1993 Statutes of Nevada, Page 2681 (Chapter 640, SB 542)ê

 

      2.  The following agencies may consent to the adoption of children in this state:

      (a) The [welfare division of the department of human resources,] division, to whom the child has been relinquished for adoption;

      (b) A child-placing agency licensed by the [welfare division of the department of human resources,] division, to whom the child has been relinquished for adoption; or

      (c) Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished or otherwise approved for adoption in that state.

      3.  If the [welfare division of the department of human resources] division accepts a relinquishment on behalf of a child-placing agency pursuant to subsection 1, the child-placing agency shall reimburse the [welfare] division for any costs associated with the acceptance.

      Sec. 17.  NRS 127.053 is hereby amended to read as follows:

      127.053  No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:

      1.  Identifies the child to be adopted by name, if any, gender and date of birth.

      2.  Is in writing and signed by the person consenting to the adoption as required in this chapter.

      3.  Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property by NRS 111.240 to 111.305, inclusive.

      4.  Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.

      5.  Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:

      (a) The [welfare division of the department of human resources;] division;

      (b) An agency licensed in this state to place children for adoption;

      (c) A comparable state or county agency of another state; or

      (d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.

      Sec. 18.  NRS 127.057 is hereby amended to read as follows:

      127.057  1.  Any person to whom a consent to adoption executed in this state or executed outside this state for use in this state is delivered shall, within 48 hours after receipt of the executed consent to adoption, furnish a true copy thereof to the [welfare division of the department of human resources,] division, together with a report of the permanent address of the person in whose favor the consent was executed.

      2.  Any person recommending in his professional or occupational capacity, the placement of a child for adoption in this state shall immediately notify the [welfare] division of the impending adoption.


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

ê1993 Statutes of Nevada, Page 2682 (Chapter 640, SB 542)ê

 

      3.  All information received by the [welfare] division pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information [concerning recipients of public assistance] is protected under [NRS 422.290.] section 74 of this act.

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

      Sec. 19.  NRS 127.120 is hereby amended to read as follows:

      127.120  1.  A petition for adoption of a child must be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the [welfare division of the department of human resources,] division, which shall make an investigation and report as [hereinafter provided.] provided in this section. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the [welfare] division. A copy of the order waiving the investigation must be sent to the nearest office of the [welfare] division by the petitioners within 7 days after the order is issued.

      2.  The [welfare] division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The [welfare] division or the designated agency shall, before the date on which the child has lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever is later, submit to the court a full written report of its findings, which must contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court requires. The court, on good cause shown, may extend the time, designating a time certain, within which to submit a report.

      3.  If the court is dissatisfied with the report submitted by the [welfare] division the court may order an independent investigation to be conducted and a report submitted by an agency or person selected by the court. The costs of the investigation and report may be assessed against the petitioner or charged against the county in which the adoption proceeding is pending.

      Sec. 20.  NRS 127.127 is hereby amended to read as follows:

      127.127  The petitioners shall file with the court, within 15 days after the petition is filed or 5 months after the child begins to live in their home, whichever is later, an affidavit executed by them and their attorney setting forth all fees, donations and expenses paid by them in furtherance of the adoption. A copy of the affidavit must be sent to the [welfare division of the department of human resources.] division. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may waive the filing of the affidavit.

      Sec. 21.  NRS 127.130 is hereby amended to read as follows:

      127.130 The report of either the [welfare division of the department of human resources] division or the licensed child-placing agency designated by the court [shall] must not be made a matter of public record, but [shall] must be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the [welfare] division or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the [welfare] division or the designated agency.


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ê1993 Statutes of Nevada, Page 2683 (Chapter 640, SB 542)ê

 

designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the [welfare] division or the designated agency.

      Sec. 22.  NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. A copy of the order or decree must be sent to the nearest office of the [welfare] division by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. No order or decree of adoption may be made until after the child has lived for [a period of] 6 months in the home of the petitioners.

      2.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

      Sec. 23.  NRS 127.157 is hereby amended to read as follows:

      127.157  1.  After an order or decree of adoption has been entered, the court shall direct the petitioner or his attorney to prepare a report of adoption on a form prescribed and furnished by the state registrar of vital statistics. The report [shall:] must:

      (a) Identify the original certificate of birth of the person adopted;

      (b) Provide sufficient information to prepare a new certificate of birth for the person adopted;

      (c) Identify the order or decree of adoption; and

      (d) Be certified by the clerk of the court.

      2.  The [welfare division of the department of human resources] division shall provide the petitioner or his attorney with any factual information which will assist in the preparation of the report required in subsection 1.

      3.  If an order or decree of adoption is amended or annulled, the petitioner or his attorney [,] shall prepare a report to the state registrar of vital statistics , which includes sufficient information to identify the original order or decree of adoption and the provisions of that decree which were amended or annulled.

      4.  The petitioner or his attorney shall forward all reports required by the provisions of this section to the state registrar of vital statistics not later than the 10th day of the month next following the month in which the order or decree was entered, or more frequently if requested by the state registrar, together with any related material the state registrar may require.

      Sec. 24.  NRS 127.186 is hereby amended to read as follows:

      127.186  1.  The [welfare division of the department of human resources,] division, or a child-placing agency licensed by the [welfare] division pursuant to this chapter, may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the [welfare] division or the licensed agency by proposed adoptive parents of limited means when, in the judgment of the [welfare] division or the licensed agency, it would be in the best interests of the child to be placed in that adoptive home and it would be difficult to locate a suitable adoptive home where the adoptive parents would be capable of bearing the full costs of maintaining the child.


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ê1993 Statutes of Nevada, Page 2684 (Chapter 640, SB 542)ê

 

      2.  The [welfare] division may grant financial assistance for attorney’s fees and court costs in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents out of money provided for that purpose if:

      (a) Due and diligent effort has been made by the [welfare] division or the licensed agency to locate a suitable adoptive home for the child where financial assistance would not be required; and

      (b) The [state welfare] administrator of the division has reviewed and approved in writing the proposed adoption and grant of assistance.

      3.  The grant of financial assistance [grant] must be limited, both as to amount and duration, by agreement in writing between the [welfare] division and the adoptive parents. The agreement does not become effective until the entry of the order of adoption.

      4.  Any grant of financial assistance must be reviewed and evaluated at least once annually by the [welfare] division. The evaluation must be presented for approval to the [state welfare administrator.] administrator of the division. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the [welfare] division that continued assistance is denied.

      5.  All financial assistance provided under this section ceases immediately when the child attains majority, becomes self-supporting, is emancipated or dies, whichever is first.

      6.  Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.

      Sec. 25.  NRS 127.200 is hereby amended to read as follows:

      127.200  1.  A married person not lawfully separated from his spouse may not adopt an adult person without the consent of the spouse of the adopting person, if such spouse is capable of giving such consent.

      2.  A married person not lawfully separated from his spouse may not be adopted without the consent of the spouse of the person to be adopted, if such spouse is capable of giving such consent.

      3.  Neither the consent of the natural parent or parents of the person to be adopted, nor of the [welfare division of the department of human resources.] division, nor of any other person is required.

      Sec. 26.  NRS 127.210 is hereby amended to read as follows:

      127.210  1.  The adopting person and the person to be adopted may file in the district court in the county in which either resides a petition praying for approval of the agreement of adoption by the issuance of a decree of adoption.

      2.  The court shall fix a time and place for hearing on the petition, and both the person adopting and the person to be adopted shall appear at the hearing in person, but if such appearance is impossible or impractical, appearance may be made for either or both of such persons by counsel empowered in writing to make such appearance.

      3.  The court may require notice of the time and place of the hearing to be served on other interested persons, and any such interested person may appear and object to the proposed adoption.


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ê1993 Statutes of Nevada, Page 2685 (Chapter 640, SB 542)ê

 

      4.  No investigation or report to the court by any public officer is required, but the court may require the [welfare division of the department of human resources] division to investigate the circumstances and report thereon, with recommendations, to the court [prior to] before the hearing.

      5.  At the hearing the court shall examine the parties, or the counsel of any party not present in person. If the court is satisfied that the adoption will be for the best interests of the parties and in the public interest, and that there is no reason why the petition should not be granted, the court shall approve the agreement of adoption, and enter a decree of adoption declaring that the person adopted is the child of the person adopting him. Otherwise, the court shall withhold approval of the agreement and deny the prayer of the petition.

      Sec. 27.  NRS 127.220 is hereby amended to read as follows:

      127.220  As used in NRS 127.230 to 127.310, inclusive, and section 12 of this act, unless the context otherwise requires:

      1.  “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.

      2.  “Child-placing agency” means the [welfare division of the department of human resources] division or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the [welfare] division to place children for adoption or permanent free care.

      3.  “Person” includes a hospital.

      4.  “Recommend the placement of a child” means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.

      Sec. 28.  NRS 127.230 is hereby amended to read as follows:

      127.230  1.  The [welfare division of the department of human resources, with the approval of the state welfare board,] division shall:

      (a) Establish reasonable minimum standards for child-placing agencies.

      (b) Prescribe rules for the regulation of child-placing agencies.

      (c) Adopt regulations establishing the procedure to be used in placing children for adoption, including adoptions in which the natural parent or parents have limited knowledge of the prospective adoptive parent or parents.

      (d) Adopt any other regulations necessary to carry out its powers and duties regarding the adoption of children or the placement of children for adoption or permanent free care.

      2.  All licensed child-placing agencies shall conform to the standards established and the rules prescribed pursuant to subsection 1.

      Sec. 29.  NRS 127.240 is hereby amended to read as follows:

      127.240  1.  No person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the [welfare division of the department of human resources.] division. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.

      2.  This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions of subsections 1 to 5, inclusive, of NRS 127.280.


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ê1993 Statutes of Nevada, Page 2686 (Chapter 640, SB 542)ê

 

made pursuant to the provisions of subsections 1 to 5, inclusive, of NRS 127.280.

      3.  This section does not prohibit the [welfare division of the department of human resources] division from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.

      4.  This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:

      (a) For such information; or

      (b) For any other service related to the adoption that is performed after sharing information.

      Sec. 30.  NRS 127.250 is hereby amended to read as follows:

      127.250  1.  The application for a license to operate a child-placing agency [shall] must be in a form prescribed by the [welfare division of the department of human resources.] division. The license [shall] must state to whom it is issued and the fact that it [shall be in force and effect] is effective for 1 year from the date of its issuance.

      2.  The issuance by the [welfare division of the department of human resources] division of a license to operate a child-placing agency [shall] must be based upon reasonable and satisfactory assurance to the division that the applicant for such license will conform to the standards established and the rules prescribed by the division as provided in NRS 127.230.

      3.  When the division is satisfied that a licensee is conforming to such standards and rules, it shall renew his license, and the license so renewed [shall continue] continues in force for 1 year from the date of renewal.

      Sec. 31.  NRS 127.270 is hereby amended to read as follows:

      127.270  1.  After notice and hearing, the [welfare division of the department of human resources] division may:

      (a) Refuse to issue a license if the division finds that the applicant does not meet the standards established and the rules prescribed by the division for child-placing agencies.

      (b) Refuse to renew a license or may revoke a license if the division finds that the child-placing agency has refused or failed to meet any of the established standards or has violated any of the rules prescribed by the division for child-placing agencies.

      2.  A notice of the time and place of the hearing must be mailed to the last known address of the applicant or licensee at least 15 days before the date fixed for the hearing.

      3.  When an order of the division is appealed to the district court, the trial may be de novo.

      Sec. 32.  NRS 127.280 is hereby amended to read as follows:

      127.280  1.  A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless:

      (a) The [welfare division of the department of human resources] division first receives written notice of the proposed placement from:


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

ê1993 Statutes of Nevada, Page 2687 (Chapter 640, SB 542)ê

 

             (1) The prospective adoptive parents of the child;

             (2) The person recommending the placement; or

             (3) A natural parent;

      (b) The investigation required by the provisions of this section has been completed; and

      (c) In the case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.

      2.  Upon receipt of written notice from any person other than the natural parent, the [welfare] division shall contact the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.

      3.  The [welfare] division shall, within 60 days after receipt of confirmation of the natural parents’ intent to place the child for adoption and the completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the [welfare] division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.

      4.  If the placement is to be made in a home outside of this state, the [welfare] division must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.

      5.  Pending completion of the required investigation, the child must be:

      (a) Retained by the natural parent; or

      (b) Placed by the natural parent with the [welfare] division and placed by the [welfare] division in a foster home licensed by it,

until a determination is made by the [welfare] division concerning the suitability of the prospective adoptive parents.

      6.  Upon completion of the investigation, the [welfare] division shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the [welfare] division’s decision to approve or deny the placement. If, in the opinion of the [welfare] division, the prospective adoptive home is:

      (a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed , and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.

      (b) Unsuitable or detrimental to the interest of the child, the [welfare] division shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction , or if the parent does not wish to accept the child, then the court may order the placement of the child with the [welfare] division or with any licensed child-placement agency for adoption.


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

ê1993 Statutes of Nevada, Page 2688 (Chapter 640, SB 542)ê

 

order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction , or if the parent does not wish to accept the child, then the court may order the placement of the child with the [welfare] division or with any licensed child-placement agency for adoption.

      7.  Whenever the [welfare] division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:

      (a) The [welfare] division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and

      (b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:

             (1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the [welfare] division’s petition, and proceed pursuant to paragraph (b) of subsection 6; or

             (2) Proceed pursuant to paragraph (b) of subsection 6 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.

      8.  Whenever the [welfare] division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the [welfare] division does not proceed pursuant to subsection 7, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the [welfare] division if the home meets established standards. If, in the opinion of the [welfare] division, the placement is detrimental to the interest of the child, the [welfare] division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 6.

      9.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of this section is guilty of a gross misdemeanor.

      Sec. 33.  NRS 127.281 is hereby amended to read as follows:

      127.281  1.  A prospective adoptive parent who is subject to an investigation by the [welfare] division or a child-placing agency must submit as part of the investigation a complete set of his fingerprints and written permission authorizing the division or child-placing agency to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation.


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ê1993 Statutes of Nevada, Page 2689 (Chapter 640, SB 542)ê

 

      2.  The division or child-placing agency may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

      3.  When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division or child-placing agency that submitted the fingerprints.

      4.  Any fees for fingerprinting and submission to the central repository and the Federal Bureau of Investigation must be paid by the prospective adoptive parent, [unless the welfare division of the department of human resources is authorized to pay the fees pursuant to regulations adopted by the state welfare board.] except that the division may adopt regulations providing for the payment of those fees by the division.

      Sec. 34.  NRS 127.283 is hereby amended to read as follows:

      127.283  1.  The [welfare division of the department of human resources] division or any child-placing agency licensed pursuant to this chapter may publish in any newspaper published in this state or broadcast by television a photograph of and relevant personal information concerning any child who is difficult to place for adoption.

      2.  A child-placing agency shall not publish or broadcast:

      (a) Any personal information which reveals the identity of the child or his parents; or

      (b) A photograph or personal information for a child without the prior approval of the agency having actual custody of the child.

      Sec. 35.  NRS 127.290 is hereby amended to read as follows:

      127.290  1.  Except as otherwise provided in NRS 127.285 and [422.283,] section 12 of this act, no person who does not have in full force a license to operate a child-placing agency may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.

      2.  A licensed child-placing agency may accept fees for operational expenses.

      Sec. 36.  NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as otherwise provided in NRS 127.285 [, 200.465 and 422.283, any] and 200.465, and section 12 of this act, a person who, without holding a valid license to operate and child-placing agency issued by the [welfare division of the department of human resources,] division, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  The natural parents and the adopting parents are not accomplices for the purpose of this section.

      Sec. 37.  NRS 127.310 is hereby amended to read as follows:

      127.310  Except as otherwise provided in NRS 127.240, 127.283 and 127.285, any person or organization other than the [welfare division of the department of human resources] division who, without holding a valid unrevoked license to place children for adoption issued by the [welfare] division:

 


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

ê1993 Statutes of Nevada, Page 2690 (Chapter 640, SB 542)ê

 

department of human resources] division who, without holding a valid unrevoked license to place children for adoption issued by the [welfare] division:

      1.  Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

      2.  Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

is guilty of a misdemeanor.

      Sec. 38.  NRS 128.013 is hereby amended to read as follows:

      128.013  1.  “Injury” to a child’s health or welfare occurs when the parent, guardian or custodian:

      (a) Inflicts or allows to be inflicted upon the child, physical, mental or emotional injury, including injuries sustained as a result of excessive corporal punishment;

      (b) Commits or allows to be committed against the child, sexual abuse as defined in NRS 432B.100;

      (c) Neglects or refuses to provide for the child proper or necessary subsistence, education or medical or surgical care, although he is financially able to do so or has been offered financial or other reasonable means to do so; or

      (d) Fails, by specific acts or omissions, to provide the child with adequate care, supervision or guardianship under circumstances requiring the intervention of:

             (1) The [welfare] division of child and family services of the department of human resources;

             (2) A county agency authorized by the juvenile court or family court to receive and investigate reports of abuse or neglect of a child pursuant to NRS 432B.300; or

             (3) The juvenile or family court itself.

      2.  A child’s health or welfare is not considered injured solely because his parent or guardian, in the practice of his religious beliefs, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of this state.

      Sec. 39.  NRS 128.040 is hereby amended to read as follows:

      128.040  The [state welfare] administrator of the [welfare] division of child and family services of the department of human resources, or his agent, the probation officer, or any other person, including the mother of an unborn child, may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.

      Sec. 40.  NRS 128.109 is hereby amended to read as follows:

      128.109  If a child has been placed in the custody of the [welfare] division of child and family services of the department of human resources and the parent or parents fail to comply substantially with the terms and conditions of a plan to reunite the family within 6 months after the date on which the child so placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment.


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

ê1993 Statutes of Nevada, Page 2691 (Chapter 640, SB 542)ê

 

      Sec. 41.  NRS 129.120 is hereby amended to read as follows:

      129.120  1.  At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.

      2.  At the hearing of the petition, the court shall address the petitioner personally and advise him of the consequences of emancipation, as described in NRS 129.130.

      3.  The court may request copies of records in the custody of the school district, the probation office, the [welfare] division of child and family services of the department of human resources or any other public or private agency to assist in making its determination. The court may further request a recommendation from the probation officer, the [welfare] division of child and family services or any other public or private agency that may have communicated with the minor regarding the petition.

      4.  The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:

      (a) Whether the parents or guardian of the minor have consented to emancipation;

      (b) Whether the minor is substantially able to support himself without financial assistance;

      (c) Whether the minor is sufficiently mature and knowledgeable to manage his affairs without the guidance of his parents or guardian; and

      (d) Whether emancipation is in the best interest of the minor.

      Sec. 42.  NRS 210.730 is hereby amended to read as follows:

      210.730  As used in NRS 210.735 to [210.760,] 210.755, inclusive, “youth parole bureau” means the youth parole bureau of the division of child and family services in the department of human resources.

      Sec. 43.  NRS 392.165 is hereby amended to read as follows:

      392.165  1.  The board of trustees of a school district shall not allow a child to be permanently enrolled in any school in the district until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

      2.  Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district to enroll the child under a name other than the name which appears in the identifying document or records.

      3.  A child who is in the custody of the [welfare] division of child and family services of the department of human resources may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

      4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal or superintendent shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.


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

ê1993 Statutes of Nevada, Page 2692 (Chapter 640, SB 542)ê

 

      Sec. 44.  NRS 394.145 is hereby amended to read as follows:

      394.145  1.  A private elementary or secondary school in this state shall not permanently admit any child until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child’s identity and, if applicable, a copy of the child’s records from the school he most recently attended.

      2.  Except as otherwise provided in subsection 3, a child must be admitted to a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the principal or other person in charge of that school to admit the child under a name other than the name which appears in the identifying document or records.

      3.  A child who is in the custody of the [welfare] division of child and family services of the department of human resources may be admitted to a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.

      4.  If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally admitted, the principal or other person in charge of the school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.

      5.  Any parent, guardian or other person who, with intent to deceive under this section:

      (a) Presents a false birth certificate or record of attendance at school; or

      (b) Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4,

of a child under 17 years of age who is under his control or charge, is guilty of a misdemeanor.

      Sec. 45.  NRS 395.040 is hereby amended to read as follows:

      395.040  1.  Upon receipt and review of an application for benefits, the superintendent of public instruction shall make the necessary arrangements for the education and care of the handicapped person pursuant to subsection 1 of NRS 395.010. Before making such arrangements the superintendent of public instruction may cause a medical, psychological or educational examination of the handicapped person to be conducted at state expense to determine the nature and extent of the handicap.

      2.  The superintendent of public instruction shall obtain a certificate of approval from the [state welfare] administrator of the division of child and family services before placing a handicapped person in any home other than the home of a person related to the handicapped person in the third degree of consanguinity or closer.

      3.  The superintendent of public instruction has final authority regarding the placement of any handicapped person.

      Sec. 46.  NRS 422.253 is hereby amended to read as follows:

      422.253  1.  [The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving welfare services for children must be deposited in the state treasury for credit to the fund.


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ê1993 Statutes of Nevada, Page 2693 (Chapter 640, SB 542)ê

 

services for children must be deposited in the state treasury for credit to the fund.

      2.]  The trust fund for public assistance is hereby created. Retirement and other grants to any adult receiving public assistance in a nursing home or residential facility for groups, except facilities of the mental hygiene and mental retardation division of the department, must be deposited in the state treasury for credit to the fund if the adult receiving care has been adjudicated incompetent in the administration of his personal finances.

      [3.]2.  The welfare division shall:

      (a) Keep a separate account for each person who receives money.

      (b) Deduct from the account any welfare services to the person that are provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the person.

      (c) Remit any surplus balance to the named person when the welfare division is no longer legally responsible for that person.

      [4.  The welfare division shall establish an interest-bearing account in the name of the child in any bank or insured savings and loan association in the State of Nevada qualified to receive deposits of public money and deposit in that account any surplus money in excess of $500 belonging to the child in the trust fund for child welfare.

      5.  Court-ordered and other support payments to children receiving welfare services for children are not considered as a benefit or any award for the purpose of this section, but must be held in trust in the trust fund for child welfare.]

      Sec. 47.  NRS 422.260 is hereby amended to read as follows:

      422.260  1.  The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the “Social Security Act,” approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter [.] , NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      2.  The State of Nevada further accepts, with the approval of the governor, the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the state treasury for the use of the department in accordance with this chapter , NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, and the conditions imposed by the Social Security Act.

      3.  The State of Nevada [is authorized to] may accept, with the approval of the governor, any additional funds which may become or are made available for extension of programs and services administered by the department under the provisions of the Social Security Act. Such money [shall] must be deposited in the state treasury for the use of the department in accordance with this chapter , NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, and the conditions and purposes under which granted by the Federal Government.

      Sec. 48.  NRS 422.265 is hereby amended to read as follows:

      422.265  If [, in the future,] the Congress of the United States [shall pass] passes any law or laws that have the effect of increasing the participation of the Federal Government in the Nevada public assistance [or child welfare] programs, either as relates to eligibility for assistance or otherwise, the director is authorized to accept, with the approval of the governor, the increased benefits of such congressional legislation , [;] and the board may formulate such standards as are required by the Congress of the United States as a condition of acceptance.


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ê1993 Statutes of Nevada, Page 2694 (Chapter 640, SB 542)ê

 

director is authorized to accept, with the approval of the governor, the increased benefits of such congressional legislation , [;] and the board may formulate such standards as are required by the Congress of the United States as a condition of acceptance.

      Sec. 49.  NRS 422.270 is hereby amended to read as follows:

      422.270  The department through the welfare division shall:

      1.  [Administer] Except as otherwise provided in NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, administer all public welfare programs of this state, including:

      (a) State supplementary assistance provided in connection with the supplemental security income program;

      (b) Aid to dependent children;

      (c) [Child welfare services;

      (d)] Services to the aged, blind or disabled;

      [(e)](d) Assistance to the medically indigent; and

      [(f)](e) Other welfare activities and services provided for by the laws of this state.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive.

      4.  Make regulations, subject to the approval of the board, for the administration of NRS 422.070 to 422.410, inclusive, which are binding upon all recipients and local units.

      5.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.

      6.  [Make all investigations required by a court in adoption proceedings as provided by law.

      7.  Establish reasonable minimum standards and regulations for foster homes, and shall license foster homes as provided by law.

      8.  Provide services and care to children as provided by law.

      9.]  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.

      [10.]7.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

      Sec. 50.  NRS 422.290 is hereby amended to read as follows:

      422.290  1.  For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of public assistance [or child welfare services] to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division shall establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the welfare division.


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ê1993 Statutes of Nevada, Page 2695 (Chapter 640, SB 542)ê

 

child welfare services] to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the welfare division shall establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, files and communications filed with the welfare division.

      2.  Wherever, under provisions of law or regulations of the welfare division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government is bound by the rules and regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

      3.  Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance under the provisions of this chapter.

      Sec. 51.  Chapter 424 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 to 55, inclusive, of this act.

      Sec. 52.  “Division” means the division of child and family services of the department of human resources.

      Sec. 53.  “Family foster home” means a family home in which one to six children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of permanent free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.

      Sec. 54.  “Foster home” includes a family foster home and group foster home.

      Sec. 55.  “Group foster home” means a natural person, partnership, firm, corporation or association who provides full-time care for 7 to 15 children who are:

      1.  Under 16 years of age;

      2.  Not related by blood, adoption or marriage to any natural person maintaining or operating the home; and

      3.  Received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.

      Sec. 56.  NRS 424.010 is hereby amended to read as follows:

      424.010  As used in [NRS 424.010 to 424.100, inclusive,] this chapter, unless the context otherwise requires [:

      1.  “Family foster home” means any family home in which one to six children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for, and maintained for compensation or otherwise, including the provision of permanent free care. “Family foster home” includes any such home in which any such child is received, cared for and maintained pending completion of proceedings for the adoption of such child by the person or persons maintaining the home.


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ê1993 Statutes of Nevada, Page 2696 (Chapter 640, SB 542)ê

 

      2.  “Foster home” includes family foster home and group foster home.

      3.  “Group foster home” means any individual, partnership, firm, corporation or association which provides full-time care for 7 to 15 children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining or operating the home who are received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.] , the words and terms defined in sections 52 to 55, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 57.  NRS 424.020 is hereby amended to read as follows:

      424.020  1.  The [welfare division of the department of human resources,] division, in cooperation with the state board of health and the state fire marshal, shall:

      (a) Establish reasonable minimum standards for family foster homes and group foster homes.

      (b) Prescribe rules for the regulation of family foster homes and group foster homes.

      2.  All licensed family foster homes and group foster homes must conform to the standards established and the rules prescribed in subsection 1.

      Sec. 58.  NRS 424.030 is hereby amended to read as follows:

      424.030  1.  No person [shall] may conduct a family foster home or a group foster home [as defined in NRS 424.010] without receiving a license to do so from the [welfare division of the department of human resources.] division.

      2.  Except as otherwise provided in subsection 4, no license [shall] may be issued to a family foster home or a group foster home until an investigation of the home and its standards of care has been made by the [welfare] division or a child-placing agency licensed by the [welfare] division.

      3.  Any family foster home or group foster home that conforms to the established standards of care and prescribed rules [shall] must receive a regular license from the [welfare] division, which [shall] must be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.

      4.  When, because of an emergency situation, a child must be placed [prior to] before completion of the licensing investigation, a family foster home or group foster home may be issued a provisional license for a period not to exceed 3 months, renewable for one additional period not to exceed 3 months. A provisional license may be issued to a foster home only after determination that the health and safety of the child or children placed therein will not be jeopardized. If at any time during the period a provisional license is in effect, it is determined that the foster home does not meet minimum licensing standards, the provisional license [shall] must be revoked and any child or children placed in such home [shall] must be promptly removed by the placing agency. If, on or before the expiration date of the provisional license, it has been determined that the foster home meets minimum licensing standards, a regular license [shall] must be issued pursuant to the provisions of subsection 3, to be in force for 1 year from the date of issuance.

      5.  When a family foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, [such] the family foster home may be issued a special license, which [shall] must be in force for 1 year from the date of issuance and may be renewed annually.


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ê1993 Statutes of Nevada, Page 2697 (Chapter 640, SB 542)ê

 

the family foster home may be issued a special license, which [shall] must be in force for 1 year from the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.

      6.  The license [shall] must show:

      (a) The name of the persons licensed to conduct the family foster home or group foster home.

      (b) The exact location of the family foster home or group foster home.

      (c) The number of children that may be received and cared for at one time.

      (d) If the license is a special license issued pursuant to subsection 5, the name of the child or children for whom the family foster home is licensed to provide care.

      7.  No family foster home or group foster home [shall] may receive for care more children than are specified in the license.

      Sec. 59.  NRS 424.031 is hereby amended to read as follows:

      424.031  1.  The [welfare division of the department of human resources] division shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, and resident of a foster home who is 18 years of age or older, to determine whether the person investigated has been arrested for or convicted of any crime.

      2.  The division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      Sec. 60.  NRS 424.033 is hereby amended to read as follows:

      424.033  1.  Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older shall submit to the [welfare division of the department of human resources] division a complete set of his fingerprints and written permission authorizing the division to forward those fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report to enable the division to conduct an investigation pursuant to NRS 424.031.

      2.  The division may exchange with the central repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

      3.  When a report from the Federal Bureau of Investigation is received by the central repository, it shall immediately forward a copy of the report to the division.

      Sec. 61.  NRS 424.035 is hereby amended to read as follows:

      424.035  1.  The [welfare division of the department of human resources] division may provide by regulation for the delegation of its authority to issue provisional licenses to foster homes if the situation requires the issuance of a provisional license immediately.

      2.  In the regulations adopted pursuant to this section, the [welfare] division shall specify:

      (a) The classes of persons to whom the authority will be delegated;

      (b) The procedure for applying for authority to issue provisional licenses;


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ê1993 Statutes of Nevada, Page 2698 (Chapter 640, SB 542)ê

 

      (c) The conditions under which a provisional license may be issued by a person to whom authority has been delegated pursuant to this section; and

      (d) Procedures which the person who has issued a provisional license must follow after doing so.

      Sec. 62.  NRS 424.040 is hereby amended to read as follows:

      424.040  The [section of child welfare services of the welfare division of the department of human resources,] division, or its authorized agent, shall visit every licensed family foster home and group foster home as often as [is] necessary to [assure] ensure that proper care is given to the children.

      Sec. 63.  NRS 424.050 is hereby amended to read as follows:

      424.050  Whenever the [welfare division of the department of human resources shall be] division is advised or [shall have] has reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by [NRS 424.010 to 424.100, inclusive, the welfare] this chapter, the division shall have an investigation made. If the person is conducting a foster home, the [welfare] division shall either issue a license or take action to prevent continued operation of the foster home.

      Sec. 64.  NRS 424.060 is hereby amended to read as follows:

      424.060  If the division at any time [the section of child welfare services of the welfare division of the department of human resources shall find] finds that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, the [section] division shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child is in a foster home where he has been placed by his parents, relatives or other persons independently of an agency, the [section] division shall take necessary action to remove the child and arrange for his care.

      Sec. 65.  NRS 424.070 is hereby amended to read as follows:

      424.070  No person other than the parents or guardian of a child and no agency or institution in this state or from outside this state may place any child in the control or care of any person without sending notice of the pending placement and receiving approval of the placement from the [welfare division of the department of human resources.] division. No such person, parent, guardian, agency or institution may place [such] a child for adoption except as provided in chapter 127 of NRS.

      Sec. 66.  Chapter 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 67 to 76, inclusive, of this act.

      Sec. 67.  1.  The department of human resources, through the division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any services and activities for child welfare.

      2.  If the Congress of the United States passes any law increasing the participation of the Federal Government in a Nevada program for child welfare, either as relates to eligibility for assistance or otherwise, the director of the department of human resources is authorized to accept, with the approval of the governor, the increased benefits of that legislation. The division may adopt such standards as are required by the Congress of the United States as a condition to the acceptance of those benefits.


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

ê1993 Statutes of Nevada, Page 2699 (Chapter 640, SB 542)ê

 

      Sec. 68.  The department of human resources, through the division, shall:

      1.  Observe and study the changing nature and extent of the need for child welfare and develop through tests and demonstrations effective ways of meeting those needs.

      2.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including the adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of programs for child welfare, and in increasing the efficiency of those programs by prompt and judicious use of new federal grants which will assist the division in carrying out the provisions of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      3.  Enter into reciprocal agreements with other states relative to services for child welfare and institutional care, when deemed necessary or convenient by the administrator of the division.

      Sec. 69.  The division shall adopt regulations for the administration of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, which are binding upon all recipients and local units.

      Sec. 70.  To secure accuracy, uniformity and completeness in statistics and information, the division may prescribe forms of reports and records to be kept by all persons subject to its supervision or investigation pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      Sec. 71.  Assistance awarded pursuant to the provisions of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act is:

      1.  Not transferable or assignable at law or in equity, and none of the money paid or payable pursuant to those provisions is subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any law regarding bankruptcy or insolvency.

      2.  Awarded and held subject to any legislative enactment amending or repealing those provisions, and no recipient has any claim for assistance or otherwise by reason of his assistance being affected in any way by such a legislative enactment.

      Sec. 72.  Written statements of information required from responsible relatives of applicants for or recipients of assistance pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, need not be under oath, but any person who signs such a statement and willfully states therein as true any material matter which he knows to be false shall be punished for perjury as provided in NRS 199.120.

      Sec. 73.  1.  When in the judgment of the court it is in the best interests of a child in the lawful custody of the division, the division may petition for appointment as guardian of the person and estate of the child in the manner provided by chapter 159 of NRS.

      2.  The clerk of the district court, county clerk, county recorder or other county officer shall not require the payment of any fees or charges by the division for appointment as guardian pursuant to this section and the district court shall waive the furnishing of a bond by the division if it is appointed guardian.

      3.  Except as otherwise provided in this section, the division shall comply with all applicable provisions of chapter 159 of NRS.


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ê1993 Statutes of Nevada, Page 2700 (Chapter 640, SB 542)ê

 

      Sec. 74.  1.  To safeguard and restrict the use or disclosure of any information concerning applicants for and recipients of services for child welfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, by the division, pursuant to the applicable provisions of the Social Security Act, the division shall establish and enforce reasonable regulations governing the custody, use and preservation of the records, files and communications filed with the division.

      2.  Whenever, pursuant to the provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by any other agency or department of government, that agency or department shall comply with the regulations of the division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, by the division.

      3.  Except for purposes directly connected with the administration of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of services under the provisions of NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      Sec. 75.  1.  The trust fund for child welfare is hereby created. All benefits for survivors or other awards payable to children receiving services pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, must be deposited in the state treasury for credit to the fund.

      2.  The division shall:

      (a) Keep a separate account for each child who receives money.

      (b) Deduct from the account any services to the child provided by public money. Any surplus remaining may be expended for extraordinary items deemed beneficial to the child.

      (c) Remit any surplus balance to the parent or legal guardian of the child, or to the child if he is emancipated or has reached the age of 18 years, when the division is no longer legally responsible for him.

      3.  The division shall establish an interest-bearing account in the name of the child in any bank or insured savings and loan association in the State of Nevada qualified to receive deposits of public money and deposit in that account any surplus money in excess of $500 belonging to the child in the trust fund for child welfare.

      4.  Court-ordered and other support payments to children receiving services pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, are not considered as a benefit or an award for the purpose of this section, but must be held in trust in the trust fund for child welfare.

      Sec. 76.  Subject to the approval and regulations of the state board of examiners, the division may maintain a bank account for the purchase of birth certificates, death certificates and other records of vital statistics records necessary to perform eligibility and other case-work functions of the division pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.


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ê1993 Statutes of Nevada, Page 2701 (Chapter 640, SB 542)ê

 

      Sec. 77.  NRS 432.010 is hereby amended to read as follows:

      432.010  As used in this chapter [:] , except as otherwise defined by specific statute or unless the context otherwise requires:

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

      2.  “Child” means a person less than 18 years of age, or if in school, until graduation from high school.

      [2.]3.  “Division” means the division of child and family services of the department of human resources.

      4.  “Maintenance” means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or [money] monetary payments therefor.

      [3.]5.  “Special services” means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.

      [4.  “Welfare division” means the welfare division of the department of human resources.]

      Sec. 78.  NRS 432.020 is hereby amended to read as follows:

      432.020  The [welfare] division shall:

      1.  Provide, to the extent that support is not otherwise [ordered by a] required by court order or pursuant to [chapter 432B of NRS,] specific statute, maintenance and special services to:

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) Children who are placed in the custody of the [welfare] division, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions . [, but payment for children who are placed in the northern Nevada children’s home or the southern Nevada children’s home must be made in accordance with the provisions of NRS 423.210. If] Except as otherwise provided by specific statute, if any child is to be placed in the custody of the [welfare] division, pursuant to any order of a court or request made by a person or agency other than the [welfare] division, this order or request may be issued or made only after an opportunity for a hearing has been given to the [welfare] division after 3 days’ notice, or upon request of the [welfare] division.

      2.  Except as otherwise provided [in chapter 432B of NRS for an abused or neglected child,] by court order or specific statute, return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the [welfare] division, with notification to but without formal application to a court, but the [welfare] division retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.

      3.  Accept money from the cooperate with the United States or any of its agencies in carrying out the provisions of [this chapter] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, and of any federal acts pertaining to public child welfare and youth services, insofar as authorized by the legislature.

      Sec. 79.  NRS 432.030 is hereby amended to read as follows:

      432.030  No employee of the [welfare] division may provide maintenance and special services for any child except [:] as otherwise provided by specific statute or:


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

ê1993 Statutes of Nevada, Page 2702 (Chapter 640, SB 542)ê

 

      1.  Upon the request of a child whom the [welfare] division determines to be emancipated;

      2.  Pursuant to court order or request; or

      3.  Upon referral of appropriate law enforcement officials for emergency care.

      Sec. 80.  NRS 432.040 is hereby amended to read as follows:

      432.040  The nonfederal share of all expenses for special services and maintenance provided to children and unmarried mothers pursuant to [subsection 1 of NRS 432.020] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, must be paid from money which may be provided to the [welfare] division by direct legislative appropriation.

      Sec. 81.  NRS 432.050 is hereby amended to read as follows:

      432.050  All money appropriated by the legislature pursuant to the provisions of NRS 432.040 must be accounted for in the state child welfare services account , and all money received from the United States pursuant to Parts B and E of Title IV of the Social Security Act , or for programs of child welfare administered by the division pursuant to NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, must be deposited in the state treasury and credited to the account, out of which must be paid the expenses incurred in providing maintenance and special services under the provisions of [this chapter.] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      Sec. 82.  NRS 432.070 is hereby amended to read as follows:

      432.070  1.  The [state welfare] administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in [this chapter,] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, and of the amount to be paid to each of them from the state child welfare services account, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under [this chapter.] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act. The list is subject to revision by the [state welfare] administrator to make it conform to such changes as may be made pursuant to the terms of [this chapter.] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      2.  Upon receiving the certified list the state controller shall promptly draw his warrant upon the state child welfare services account payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant must be for the total amount of federal and state money to which each claimant is entitled under the provisions of [this chapter.] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act.

      3.  Immediately after the warrants have been drawn, the state controller shall deliver or mail them to the [welfare] division. Immediately thereafter the [welfare] division shall mail them to the individual recipients. The facilities of the central mailing room must be used.

      Sec. 83.  NRS 432.080 is hereby amended to read as follows:

      432.080  All administrative expenses incurred by the [welfare] division in carrying out the provisions of [this chapter shall] NRS 432.010 to 432.085, inclusive, and sections 67 to 76, inclusive, of this act, must be paid out of [funds] money which may be appropriated by the legislature from the state general fund and out of such other [moneys] money as may [from time to time] be made available to the [welfare] division for the payment of administrative expenses.


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ê1993 Statutes of Nevada, Page 2703 (Chapter 640, SB 542)ê

 

inclusive, and sections 67 to 76, inclusive, of this act, must be paid out of [funds] money which may be appropriated by the legislature from the state general fund and out of such other [moneys] money as may [from time to time] be made available to the [welfare] division for the payment of administrative expenses. Disbursements [shall] must be made upon claims filed, audited and allowed in the same manner as other [moneys] money in the state treasury [are] is disbursed. All claims [shall] must be approved by the [state welfare] administrator before they are paid.

      Sec. 84.  NRS 432.085 is hereby amended to read as follows:

      432.085  1.  The parents of a child placed in the custody of the [welfare] division pursuant to the provisions of [this chapter or chapter 62 or] NRS 62.390 or 432.010 to 432.085, inclusive, chapter 432B of NRS or sections 67 to 76, inclusive, of this act, are liable to the [welfare] division for the cost of maintenance and special services provided to the child.

      2.  The [state welfare board] division shall, by regulation, establish reasonable schedules for the repayment of money owed by parents pursuant to subsection 1. The schedules must be based on the income and other resources of the parents.

      3.  The [welfare] division may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

      4.  If a parent refuses to pay the [welfare] division for money owed under this section, the [welfare] division may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

      5.  All money collected pursuant to this section must be deposited with the state treasurer for credit to the state child welfare services account.

      Sec. 85.  NRS 432.085 is hereby amended to read as follows:

      432.085  1.  The parents of a child placed in the custody of the division pursuant to the provisions of NRS 62.390 or 432.010 to 432.085, inclusive, chapter 432B of NRS or sections 67 to 76, inclusive, of this act, are liable to the division for the cost of maintenance and special services provided to the child.

      2.  The division shall, [by regulation,] in accordance with section 1 of Senate Bill No. 81 of this session, establish reasonable schedules for the repayment of money owed by parents pursuant to subsection 1. [The schedules must be based on the income and other resources of the parents.]

      3.  The division may waive all or any part of the amount due pursuant to this section if it determines that the parents of the child do not have the ability to pay the amount.

      4.  If a parent refuses to pay the division for money owed under this section, the division may bring a civil action to recover all money owed with interest thereon at the rate of 7 percent per year commencing 30 days after an itemized statement of the amount owed is submitted to the parents.

      5.  All money collected pursuant to this section must be deposited with the state treasurer for credit to the state child welfare services account.


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ê1993 Statutes of Nevada, Page 2704 (Chapter 640, SB 542)ê

 

      Sec. 86.  NRS 432.100 is hereby amended to read as follows:

      432.100  1.  There is hereby established a statewide central registry for the collection of information concerning the abuse or neglect of a child. This central registry must be maintained by and in the central office of the [welfare] division.

      2.  The central registry must contain:

      (a) The information in any report of child abuse or neglect made pursuant to NRS 432B.220, and the results, if any, of the investigation of the report;

      (b) Statistical information on the protective services provided in this state; and

      (c) Any other information which the [welfare] division determines to be in furtherance of NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

      3.  The [welfare] division may designate a county hospital in each county [having a population of] whose population is 100,000 or more as a regional registry for the collection of information concerning the abuse or neglect of a child.

      Sec. 87.  NRS 432.110 is hereby amended to read as follows:

      432.110  The [welfare] division shall maintain a record of the names and identifying data, dates and circumstances of any persons requesting or receiving information from the central or regional registries and any other information which might be helpful in furthering the purposes of NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

      Sec. 88.  NRS 432.120 is hereby amended to read as follows:

      432.120  1.  Information contained in the central or regional registries or obtained from these registries must not be released unless the right of the applicant to the information is confirmed and the released information discloses the nature of the disposition of the case or its current status.

      2.  Unless an investigation of a report, conducted pursuant to NRS 432.100 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive, reveals some credible evidence of alleged abuse or neglect of a child, all information identifying the subject of a report must be expunged from the central and regional registries at the conclusion of the investigation or within 60 days after the report is filed, whichever occurs first. In all other cases, the record of the substantiated reports contained in the central or regional registries must be sealed no later than 10 years after the child who is the subject of the report reaches the age of 18.

      3.  The [welfare] division shall adopt regulations to carry out the provisions of this section.

      Sec. 89.  NRS 432.133 is hereby amended to read as follows:

      432.133  1.  The director of the department of human resources is responsible for administering the children’s trust account. He may delegate to the administrator [of the welfare division] any of the duties involved in administering the account.

      2.  The director shall report to each regular session of the legislature regarding the agencies or organizations that have been awarded money from the children’s trust account, the money credited to the account, the interest and income on the money in the account, any unexpended money in the account, and the general expenses of administering the account.


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ê1993 Statutes of Nevada, Page 2705 (Chapter 640, SB 542)ê

 

      Sec. 90.  NRS 432.135 is hereby amended to read as follows:

      432.135  1.  The committee for protection of children is hereby created within the department of human resources.

      2.  The committee consists of the following seven members, with at least one member residing within a county [with a population of] whose population is less than 100,000:

      (a) The administrator ; [of the division of child and family services of the department of human resources;]

      (b) A superintendent of a county school district appointed by the director of the department of human resources;

      (c) A director of a local agency providing services for abused or neglected children appointed by the director of the department of human resources;

      (d) A representative of a community organization involved with children, appointed by the director of the department of human resources; and

      (e) Three members of the general public with knowledge of or experience in services to prevent abuse or neglect of children, appointed by the governor.

      Sec. 91.  NRS 432A.110 is hereby amended to read as follows:

      432A.110  1.  All gifts of money which the [division] bureau is authorized to accept must be deposited in the state treasury for credit to the gift account for child care services in the department of human resources’ gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the chief before they are paid.

      Sec. 92.  Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division of child and family services” means the division of child and family services of the department of human resources.

      Sec. 93.  NRS 432B.010 is hereby amended to read as follows:

      432B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to [432B.120,] 432B.110, inclusive, and section 92 of this act, have the meanings ascribed to them in those sections.

      Sec. 94.  NRS 432B.030 is hereby amended to read as follows:

      432B.030  “Agency which provides protective services” means:

      1.  The local office of the [welfare division;] division of child and family services; or

      2.  An agency of a county authorized by the court to receive and investigate reports of abuse or neglect,

which provides or arranges for necessary services.

      Sec. 95.  NRS 432B.180 is hereby amended to read as follows:

      432B.180  The [welfare] division of child and family services shall:

      1.  Administer any money granted to the state by the Federal Government under 42 U.S.C. § 5103;

      2.  Plan and coordinate all protective services provided throughout the state;

      3.  Provide directly or arrange for other persons or governmental organizations to provide protective services;


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ê1993 Statutes of Nevada, Page 2706 (Chapter 640, SB 542)ê

 

      4.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children;

      5.  Involve communities in the improvement of protective services;

      6.  Evaluate all protective services provided throughout the state and withhold money from or revoke the license of any agency providing protective services which is not complying with the regulations adopted by the [welfare division;] division of child and family services; and

      7.  Evaluate the plans submitted for approval pursuant to NRS 432B.395.

      Sec. 96.  NRS 432B.190 is hereby amended to read as follows:

      432B.190  The [welfare] division of child and family services shall adopt regulations establishing reasonable and uniform standards for:

      1.  Protective services provided in this state;

      2.  Programs for the prevention of abuse or neglect of a child;

      3.  The development of local councils involving public and private organizations;

      4.  Reports of abuse or neglect, records of these reports and the response to these reports;

      5.  The management and assessment of reported cases of abuse or neglect;

      6.  The protection of the legal rights of parents and children;

      7.  Emergency shelter for a child;

      8.  The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      9.  Evaluating the development and contents of a plan submitted for approval pursuant to NRS 432B.395; and

      10.  Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that sets forth the procedures for taking a child for placement in protective custody and the legal rights of persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding.

      Sec. 97.  NRS 432B.200 is hereby amended to read as follows:

      432B.200  The [welfare] division of child and family services shall establish and maintain a center with a toll-free telephone number to receive reports of abuse or neglect of a child in this state 24 hours a day, 7 days a week. Any reports made to this center must be promptly transmitted to the agency providing protective services in the community where the child is located.

      Sec. 98.  NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

      (a) A physician who has before him a child who he reasonably believes may have been abused or neglected;

      (b) A person authorized to place a child in protective custody if he has before him a child who he reasonably believes may have been abused or neglected and he requires the information to determine whether to place the child in protective custody;

      (c) An agency, including an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or


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ê1993 Statutes of Nevada, Page 2707 (Chapter 640, SB 542)ê

 

             (2) The person responsible for the child’s welfare;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;

      (e) Any court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A person engaged in bona fide research or an audit, but any information identifying the subjects of a report must not be made available to him;

      (g) The child’s guardian ad litem;

      (h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

      (i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;

      (j) A team organized for the protection of a child pursuant to NRS 432B.350;

      (k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;

      (l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;

      (m) An agency which is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child; or

      (n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides protective services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect.

      2.  Any person, except for the subject of a report or a district attorney or other law enforcement officer initiating legal proceedings, who is given access, pursuant to subsection 1, to information identifying the subjects of a report who makes this information public is guilty of a misdemeanor.

      3.  The [welfare] division of child and family services shall adopt regulations to carry out the provisions of this section.

      Sec. 99.  NRS 432B.360 is hereby amended to read as follows:

      432B.360  1.  A parent or guardian of a child who is in need of protection may place the child with a public agency authorized to care for children or a private institution or agency licensed by the department of human resources to care for such children if:

      (a) Efforts to keep the child in his own home have failed; and

      (b) The parents or guardian and the agency or institution voluntarily sign a written agreement for placement of the child which sets forth the rights and responsibilities of each of the parties to the agreement.

      2.  If a child is placed with an agency or institution pursuant to subsection 1, the parent or guardian shall:


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ê1993 Statutes of Nevada, Page 2708 (Chapter 640, SB 542)ê

 

      (a) If able, contribute to the support of the child during his temporary placement;

      (b) Inform the agency or institution of any change in his address or circumstances; and

      (c) Meet with a representative of the agency or institution and participate in developing and carrying out a plan for the possible return of the child to his custody, the placement of the child with a relative or the eventual adoption of the child.

      3.  A parent or guardian who voluntarily agrees to place a child with an agency or institution pursuant to subsection 1 is entitled to have the child returned to his physical custody within 48 hours of a written request to that agency or institution. If that agency or institution determines that it would be detrimental to the best interests of the child to return him to the custody of his parent or guardian, it shall cause a petition to be filed pursuant to NRS 432B.490.

      4.  If the child has remained in temporary placement for 6 consecutive months, the agency or institution shall:

      (a) Immediately return the child to the physical custody of his parent or guardian; or

      (b) Cause a petition to be filed pursuant to NRS 432B.490.

      5.  The [welfare] division of child and family services shall adopt regulations to carry out the provisions of this section.

      Sec. 100.  NRS 432B.395 is hereby amended to read as follows:

      432B.395  An agency which provides protective services shall submit annually to the [welfare] division of child and family services for its approval a plan to ensure that reasonable efforts are made by that agency to prevent or eliminate removal of a child from his home and, when removal is necessary, to facilitate the return of the child to [its] his home.

      Sec. 101.  Title 39 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 102 to 136, inclusive, of this act.

      Sec. 102.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 103 to 111, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 103.  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate facilities for the mental health of children designated by the administrator.

      Sec. 104.  “Administrator” means the administrator of the division.

      Sec. 105.  “Child” means a person less than 18 years of age or, if in school, until graduation from high school.

      Sec. 106.  “Client’ means a child who seeks, on his own or another’s initiative, and can benefit from care and treatment provided by the division.

      Sec. 107.  “Division” means the division of child and family services.

      Sec. 108.  “Division facility” means any unit or subunit operated by the division for the care and treatment of clients.

      Sec. 109.  “Emotionally disturbed child” means a child whose progressive development of personality is interfered with or arrested by mental disorder so that he shows impairment in the capacity expected of him for his age and endowment for:


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ê1993 Statutes of Nevada, Page 2709 (Chapter 640, SB 542)ê

 

      1.  A reasonably accurate perception of the world around him;

      2.  Control of his impulses;

      3.  Satisfying and satisfactory relationships with others;

      4.  Leaning; or

      5.  Any combination of these factors.

      Sec. 110.  “Person professionally qualified in the field of psychiatric mental health” means:

      1.  A psychiatrist licensed to practice medicine in the State of Nevada and certified by the American Board of Psychiatry and Neurology;

      2.  A psychologist licensed to practice in this state;

      3.  A social worker who holds a master’s degree in social work, is licensed by the state as a clinical social worker and is employed by the division;

      4.  A registered nurse who:

      (a) Is licensed to practice professional nursing in this state;

      (b) Holds a master’s degree in the field of psychiatric nursing; and

      (c) Is employed by the division or the mental hygiene and mental retardation division of the department; or

      5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS.

      Sec. 111.  “Treatment” means any combination of procedures or activities for the mental health of children, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility.

      Sec. 112.  1.  The division facilities providing services for the mental health of children are designated as:

      (a) The Nevada youth hospital;

      (b) The adolescent treatment center of the Nevada mental health institute;

      (c) Northern Nevada children’s behavioral services; and

      (d) Southern Nevada children’s behavioral services.

      2.  Division facilities established after July 1, 1993, must be named by the administrator, subject to the approval of the director of the department.

      Sec. 113.  The provisions of this chapter pertaining to division facilities must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the administrator.

      Sec. 114.  1.  The administrator shall:

      (a) Administer, in accordance with the policies established by the commission, the programs of the division for the mental health of children.

      (b) Appoint the administrative personnel necessary to operate the programs of the division for the mental health of children. The commission must approve the credentials, training and experience of deputy administrators and administrative officers appointed for this purpose.

      (c) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

      2.  If the administrator finds that it is necessary or desirable that any employee reside at a facility operated by the division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the governor.


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ê1993 Statutes of Nevada, Page 2710 (Chapter 640, SB 542)ê

 

      3.  The administrator may accept children referred to the division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

      4.  The administrator may enter into agreements with the administrator of the mental hygiene and mental retardation division of the department for the care and treatment of clients of the division of youth and family services at any facility operated by the mental hygiene and mental retardation division.

      Sec. 115.  1.  The division shall employ such physicians within the various division facilities as are necessary for the operation of the facilities. The physicians must hold degrees of doctor of medicine from accredited medical schools and be licensed to practice medicine in Nevada.

      2.  Except as otherwise provided by law, the only compensation allowed such a physician is an annual salary, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

      3.  The physicians shall perform such duties pertaining to the care and treatment of clients as may be required.

      Sec. 116.  1.  A person employed by the division as a psychiatrist, psychologist, marriage and family therapist, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.

      2.  Any psychiatrist who is employed by the division must be certified by the American Board of Psychiatry and Neurology within 5 years after his first date of employment with the division. The administrator shall terminate the employment of any psychiatrist who fails to receive that certification.

      Sec. 117.  The administrator shall not employ any psychiatrist, psychologist, social worker, registered nurse or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.

      Sec. 118.  An administrative officer, with the approval of the administrator, may designate an employee to act as his deputy. In case of the absence or inability of the administrative officer for any cause to discharge the duties of his office, those duties devolve upon his deputy.

      Sec. 119.  1.  The division shall adopt regulations to:

      (a) Provide for a more detailed definition of abuse of a client, consistent with the general definition given in section 135 of this act;

      (b) Provide for a more detailed definition of neglect of a client, consistent with the general definition given in section 135 of this act; and

      (c) Establish policies and procedures for reporting the abuse or neglect of a client.

      2.  The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the mental hygiene and mental retardation division of the department pursuant to NRS 433.331.

      Sec. 120.  1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. §§ 290dd-3 and 290ee-3, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.


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ê1993 Statutes of Nevada, Page 2711 (Chapter 640, SB 542)ê

 

the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, “medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 121.  The division may:

      1.  By contract with general hospitals or other institutions having adequate facilities in this state, provide for inpatient care of mentally ill clients.

      2.  Contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for mentally ill children when it appears that they can be treated best in that manner.

      Sec. 122.  For the purposes of this chapter, the department through the division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the division will render services, the payment for which will be reimbursed directly to the division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 123.  The state is not responsible for payment of the costs of care and treatment of children admitted to a facility not operated by the division except as otherwise provided in NRS 433.374 or where, before admission, the administrator or his designee authorizes the expenditure of state money for that purpose.

      Sec. 124.  Money to carry out the provisions of this chapter must be provided by legislative appropriation from the state general fund, and paid out on claims as other claims against the state are paid. All claims relating to a division facility individually must be approved by the administrative officer of the facility before they are paid.

      Sec. 125.  1.  The division shall establish a fee schedule for services rendered through any program supported by the state pursuant to the provisions of this chapter. The schedule must be submitted to the commission and the director of the department for joint approval before enforcement. The fees collected by facilities operated by the division pursuant to this schedule must be deposited in the state treasury to the credit of the state general fund, except as otherwise provided in section 122 of this act for fees collected pursuant to contract or agreement.

      2.  For a facility providing services for the treatment of mentally ill children, the fee established must approximate the cost of providing the service, but if a client, or the parent or legal guardian of the client, is unable to pay in full the fee established pursuant to this section, the division may collect any amount the client, parent or legal guardian is able to pay.

      Sec. 126.  1.  Physicians and other professional staff employed within any division facility must receive a reasonable fee for evaluations, examinations or court testimony when directed by the court to perform those services, singularly or as a member of an evaluation team established pursuant to chapter 433A of NRS.


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ê1993 Statutes of Nevada, Page 2712 (Chapter 640, SB 542)ê

 

singularly or as a member of an evaluation team established pursuant to chapter 433A of NRS.

      2.  If the evaluation or testimony is provided while the physician or other professional person is acting as an employee of a division facility, the fee must be received by the division facility at which he is employed.

      Sec. 127.  A revolving account of not more than $5,000 is hereby created for each division facility. Money in the respective revolving accounts may be expended only for the payment of bills of the respective division facilities requiring immediate payment. The respective administrative officers shall deposit the money for the respective revolving accounts in one or more banks of reputable standing. Payments made from each account must be promptly reimbursed from appropriated money of the respective division facilities on claims as other claims against the state are paid.

      Sec. 128.  The administrator shall:

      1.  Comply with any agreements made by the administrator of the mental hygiene and mental retardation division of the department pursuant to NRS 433.444; and

      2.  Accept for admission to a division facility any resident child of this state for whom written permission for return and admission to a division facility was given by the administrator of the mental hygiene and mental retardation division of the department pursuant to NRS 433.444.

      Sec. 129.  1.  Upon the death of a client in a division facility, any known relatives or friends of the client must be notified immediately of the fact of death.

      2.  The administrator or his designee shall cause a decent burial to be provided for the client outside the grounds of a division facility. The administrator or his designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial is a charge against the State of Nevada, except that the cost must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

      Sec. 130.  1.  The division may:

      (a) Provide treatment for emotionally disturbed children at any division facility.

      (b) Operate treatment facilities specifically for the purpose of providing treatment for emotionally disturbed children.

      2.  Each administrative officer of a treatment facility, subject to the approval of the administrator, shall establish regulations for the operation of the facility and coordinate the activities of the facility with those of public and private children’s service agencies in the state.

      Sec. 131.  The treatment provided an emotionally disturbed child must be designed to facilitate the adjustment and effective functioning of that child in his present or anticipated situation in life, and includes:

      1.  Services provided without admission to a facility, such as:

      (a) Counseling for the family;

      (b) Therapy in a group for parents and children;


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ê1993 Statutes of Nevada, Page 2713 (Chapter 640, SB 542)ê

 

      (c) Classes for parents in effective techniques for the management of children;

      (d) Individual therapy for children; and

      (e) Evaluation of the child, including personal assessments and studies of individual social environments;

      2.  Services for the care of children during the day, involving educational programs and therapy programs provided after school or for half a day;

      3.  Placement in transitional homes operated by professionally trained parents working in close consultation with the administrative officer and his staff; and

      4. Short-term residential services providing 24-hour supervision, evaluation and planning and intensive counseling for the family, therapy and educational evaluation and consultation.

      Sec. 132.  The administrator may receive any emotionally disturbed child for treatment in a treatment facility or any other division facility if the child is a resident of this state and if:

      1.  The child is committed by court order to the custody of the administrator or to a division facility; or

      2.  The child’s parent, parents or legal guardian makes application for treatment for the child.

      Sec. 133.  1.  In any case involving commitment by court order, admission to a treatment facility may be only after consultation with and approval by the administrative officer of the facility or his designee, who shall determine whether the treatment available at the facility is appropriate or necessary for the child’s health and welfare.

      2.  A child committed by court order must not be released from a treatment facility until the administrative officer determines that treatment in the facility is no longer beneficial to the child.

      Sec. 134.  In any case involving an application from the child’s parent, parents or legal guardian, the child must first be examined and evaluated by the administrative officer or his staff and admitted to a treatment facility only if, in the judgment of the administrative officer:

      1.  The child can benefit from the program of treatment; and

      2.  Facilities and staff are available and adequate to meet the child’s needs.

      Sec. 135.  1.  Any employee of the division or other person who:

      (a) Has reason to believe that a client has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

      2.  Any employee of the division or other person who willfully abuses or neglects any client:


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ê1993 Statutes of Nevada, Page 2714 (Chapter 640, SB 542)ê

 

      (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

      (b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

      4.  For the purposes of this section:

      (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client:

             (2) Striking the client;

             (3) The use of excessive force when placing the client in physical restraints; and

             (4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

      (b) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

             (1) Establish or carry out an appropriate plan of treatment for the client;

             (2) Provide the client with adequate nutrition, clothing or health care; and

             (3) Provide a safe environment for the client.

Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

      (c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

      Sec. 136.  1.  Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

      2.  Unless the context clearly indicates otherwise, the provisions of NRS 433.456 to 433.543, inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.

      Sec. 137.  Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 138 and 139 of this act.

      Sec. 138.  As used in this section and NRS 433.434, 433.444 and 433.454, unless the context otherwise requires:

      1.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from care, treatment or training in a division facility.

      2.  “Division facility” means any unit or subunit operated by:

      (a) The mental hygiene and mental retardation division of the department for the care, treatment and training of clients; or

      (b) The division of child and family services of the department pursuant to sections 102 to 136, inclusive, of this act.

      Sec. 139.  As used in this section and NRS 433.539 to 433.543, inclusive, unless the context otherwise requires:


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ê1993 Statutes of Nevada, Page 2715 (Chapter 640, SB 542)ê

 

      1.  “Administrative officer” means a person with overall executive and administrative responsibility for a division facility.

      2.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from care, treatment or training in a division facility.

      3.  “Division facility” means any unit or subunit operated by:

      (a) The mental hygiene and mental retardation division of the department for the care, treatment and training of clients; or

      (b) The division of child and family services of the department pursuant to sections 102 to 136, inclusive, of this act.

      Sec. 140.  NRS 433.003 is hereby amended to read as follows:

      433.003  The legislature hereby declares that it is the intent of this Title:

      1.  To eliminate both the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

      2.  To charge the mental hygiene and mental retardation division , and the division of child and family services, of the department with recognizing [its] their duty to act in the best interests of [its] their respective clients by placing them in the least restrictive environment.

      Sec. 141.  NRS 433.233 is hereby amended to read as follows:

      433.233  1.  The division facilities providing mental health services are designated as:

      (a) Nevada mental health institute;

      (b) Las Vegas mental health center;

      (c) Henderson mental health center;

      (d) Reno mental health center;

      (e) Rural clinics; and

      (f) [Children’s behavioral services; and

      (g)] The program for mentally disordered offenders.

      2.  The division facilities providing services for mentally retarded persons are designated as:

      (a) Desert developmental center; and

      (b) Sierra developmental center.

      3.  Division facilities established after July 1, 1981, must be named by the administrator, subject to the approval of the director of the department.

      Sec. 142.  NRS 433.234 is hereby amended to read as follows:

      433.234  The provisions of [this Title] chapters 433 to 436, inclusive, of NRS pertaining to division facilities [shall] must be administered by the respective administrative officers of the division facilities, subject to administrative supervision by the administrator.

      Sec. 143.  NRS 433.325 is hereby amended to read as follows:

      433.325  The commission or its designated agent may inspect any state facility providing services for the mentally ill [and the] or mentally retarded to determine if the facility is in compliance with the provisions of this Title and any regulations adopted [thereunder.] pursuant to those provisions.


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ê1993 Statutes of Nevada, Page 2716 (Chapter 640, SB 542)ê

 

      Sec. 144.  NRS 433.327 is hereby amended to read as follows:

      433.327  Every employee of the division , and every person employed by the division of child and family services of the department pursuant to sections 102 to 136, inclusive, of this act, is entitled to submit written information or requests directly to the commission or its individual members, or appear before it with its permission, but the commission shall not interfere with the procedures for resolving the grievances of employees in the classified service of the state.

      Sec. 145.  NRS 433.354 is hereby amended to read as follows:

      433.354  For the purposes of [this Title,] chapters 433 to 436, inclusive, of NRS, the department through the division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government , [or] any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual or a group of individuals. Such contracts or agreements may include provisions whereby the division will render services, the payment for which will be reimbursed directly to the division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency [, corporation] or political subdivision of any responsibility or liability existing under any provision of law.

      Sec. 146.  NRS 433.374 is hereby amended to read as follows:

      433.374  The state is not responsible for payment of the costs of care and treatment of persons admitted to a facility not operated by the division except as otherwise provided in section 123 of this act or where, [prior to] before admission, the administrator or his designee authorizes the expenditure of state [funds] money for such purpose.

      Sec. 147.  NRS 433.384 is hereby amended to read as follows:

      433.384  [Moneys] Money to carry out the provisions of [this Title shall] chapters 433 to 436, inclusive, of NRS must be provided by legislative appropriation from the state general fund, and [shall be] paid out on claims as other claims against the state are paid. All claims relating to a division facility individually [shall] must be approved by the administrative officer of such facility before they are paid.

      Sec. 148.  NRS 433.404 is hereby amended to read as follows:

      433.404  1.  The division shall establish a fee schedule for services rendered through any program supported by the state pursuant to the provisions of [this Title.] chapters 433 to 436, inclusive, of NRS. The schedule must be submitted to the commission and the director of the department for joint approval [prior to] before enforcement. The fees collected by facilities operated by the division pursuant to this schedule must be deposited in the state treasury to the credit of the state general fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to mentally retarded clients.

      2.  For a facility providing services for the treatment of the mentally ill or mentally retarded, the fee established must approximate the cost of providing the service, but if a client is unable to pay in full the fee established pursuant to this section, the division may collect any amount the client is able to pay.

      Sec. 149.  NRS 433.461 is hereby amended to read as follows:

      433.461  “Facility” means any [unit] :


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ê1993 Statutes of Nevada, Page 2717 (Chapter 640, SB 542)ê

 

      1.  Unit or subunit operated by the mental hygiene and mental retardation division [, or any hospital,] of the department for the care, treatment and training of clients.

      2.  Unit or subunit operated by the division of child and family services of the department pursuant to sections 102 to 136, inclusive, of this act.

      3.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of clients.

      Sec. 150.  NRS 433.484 is hereby amended to read as follows:

      433.484  Each client admitted for evaluation, treatment or training to a facility has the following rights, concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the client by such additional means as prescribed by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

             (1) The client if he is 18 years of age or over or legally emancipated and competent to give that consent, and from his legal guardian, if any;

             (2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a client of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if the treatment is immediately entered into the client’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the chief medical [director] officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical [director] officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.


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ê1993 Statutes of Nevada, Page 2718 (Chapter 640, SB 542)ê

 

      2.  To be free from the application of any mechanical restraint, except if prescribed by a physician. If so prescribed, the restraint must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, must be made a part of the client’s record of treatment.

      3.  To consent to his transfer from one facility to another, except that the administrator of [either division] the mental hygiene and mental retardation division of the department or his designee , or the administrator of the division of child and family services of the department or his designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s record of treatment and immediately forward a notice of the objection to the administrator [,] who ordered the transfer, and the commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

      4.  Other rights concerning care, treatment and training as may be specified by regulation of the commission.

      Sec. 151.  NRS 433.524 is hereby amended to read as follows:

      433.524  1.  A client may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

      (a) The client voluntarily agrees to perform the labor;

      (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the client;

      (c) The person responsible for the client’s treatment agrees to the plan of labor; and

      (d) The amount of time or effort necessary to perform the labor is not excessive.

In no event [shall] may discharge or privileges be conditioned upon the performance of such labor.

      2.  A client who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone [shall] must be adequately compensated and the compensation [shall] must be in accordance with applicable state and federal labor laws.

      3.  A client who performs labor other than that described in subsection 2 [shall] must be compensated an adequate amount if an economic benefit to another person or agency results from his labor.

      4.  The administrative officer of the facility may provide for compensation of a resident when he performs labor not governed by subsection 2 or 3.

      5.  This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

      6.  One-half of any compensation paid to a client pursuant to this section is exempt from collection or retention as payment for services rendered by the mental hygiene and mental retardation division of the department or its facilities [.] , or by the division of child and family services of the department or its facilities.


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ê1993 Statutes of Nevada, Page 2719 (Chapter 640, SB 542)ê

 

or its facilities. Such amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.

      Sec. 152.  NRS 433.534 is hereby amended to read as follows:

      433.534  1.  The rights of a client enumerated in this chapter must not be denied except to protect the client’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the client’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

      2.  If the administrative officer of a facility designated by the administrator of the mental hygiene and mental retardation division of the department, or by the administrator of the division of child and family services of the department, receives notice of a denial of rights as provided in subsection 1, he shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the administrator who designated the facility and to the commission.

      3.  The commission:

      (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

      (b) May act to resolve disputes relating to apparent violations;

      (c) May act on behalf of clients to obtain remedies for any apparent violations; and

      (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

      Sec. 153.  NRS 433.554 is hereby amended to read as follows:

      433.554  1.  Any employee of the division or other person who:

      (a) Has reason to believe that a client of the division or of a private institution or facility offering mental health services has been or is being abused or neglected and fails to report it;

      (b) Brings intoxicating beverages or a controlled substance into any building occupied by clients unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

      (c) Is under the influence of liquor or a controlled substance while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;

      (d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or

      (e) Contrives the escape, elopement or absence of a client,

is guilty of a misdemeanor.

      2.  Any employee of the division or other person who willfully abuses or neglects any client:

      (a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.

      (b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.


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ê1993 Statutes of Nevada, Page 2720 (Chapter 640, SB 542)ê

 

      3.  Any person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he forfeits his office or position.

      4.  For the purposes of this section:

      (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a client, including, but not limited to:

             (1) The rape, sexual assault or sexual exploitation of the client;

             (2) Striking the client;

             (3) The use of excessive force when placing the client in physical restraints; and

             (4) The use of physical or chemical restraints in violation of state or federal law.

Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

      (b) “Client” includes any person who seeks, on his own or others’ initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services. The term does not include a client of the division of child and family services of the department.

      (c) “Neglect” means any act or omission to act which causes injury to a client or which places the client at risk of injury, including, but not limited to, the failure to:

             (1) Establish or carry out an appropriate plan of treatment for the client;

             (2) Provide the client with adequate nutrition, clothing or health care; and

             (3) Provide a safe environment for the client.

Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

      (d) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

      Sec. 154.  Chapter 433A of NRS is hereby amended by adding thereto the provisions set forth as sections 155 to 162, inclusive, of this act.

      Sec. 155.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 156 to 162, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 156.  “Administrative officer” means a person with overall executive and administrative responsibility for those state or nonstate facilities for mental health or mental retardation designated by the administrator.

      Sec. 157.  “Administrator” means:

      1.  Except as otherwise provided in subsection 2, the administrator of the mental hygiene and mental retardation division of the department.

      2.  Regarding the provision of services for the mental health of children pursuant to sections 102 to 136, inclusive, of this act, the administrator of the division of child and family services of the department.

      Sec. 158.  “Client” means any person who seeks, on his own or another’s initiative, and can benefit from care, treatment or training in a division facility.

      Sec. 159.  “Division” means:

      1.  Except as otherwise provided in subsection 2, the mental hygiene and mental retardation division of the department.


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ê1993 Statutes of Nevada, Page 2721 (Chapter 640, SB 542)ê

 

      2.  Regarding the provision of services for the mental health of children pursuant to sections 102 to 136, inclusive, of this act, the division of child and family services of the department.

      Sec. 160.  “Division facility” means:

      1.  Except as otherwise provided in subsection 2, any unit or subunit operated by the mental hygiene and mental retardation division of the department for the care, treatment and training of clients.

      2.  Any unit or subunit operated by the division of child and family services of the department pursuant to sections 102 to 136, inclusive, of this act.

      Sec. 161.  “Medical director” means the chief medical officer of any program of the division for mental health or mental retardation.

      Sec. 162.  “Person professionally qualified in the field of psychiatric mental health” means:

      1.  A psychiatrist licensed to practice medicine in this state who is certified by the American Board of Psychiatry and Neurology;

      2.  A psychologist licensed to practice in this state;

      3.  A social worker who holds a master’s degree in social work, is licensed by the state as a clinical social worker and is employed by the division;

      4.  A registered nurse who:

      (a) Is licensed to practice professional nursing in this state;

      (b) Holds a master’s degree in the field of psychiatric nursing; and

      (c) Is employed by the division; or

      5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS.

      Sec. 163.  NRS 433A.010 is hereby amended to read as follows:

      433A.010  The provisions of this chapter apply to all [division] mental health centers [.] of the mental hygiene and mental retardation division of the department and of the division of child and family services of the department. Such provisions apply to private institutions and facilities offering mental health services only when specified in the context.

      Sec. 164.  NRS 433A.080 is hereby amended to read as follows:

      433A.080  1.  A coordinator of medical programs is the medical head of any division facility designated by the administrator. He must be a psychiatrist licensed to practice medicine or, in the case of a treatment facility authorized by [subsection 2 of NRS 433A.510,] paragraph (b) of subsection 1 of section 130 of this act, a psychiatrist or a pediatrician licensed to practice medicine. He may be a psychiatrist or pediatrician in private practice under contract to the division. He must have such additional qualifications as are in accordance with criteria prescribed by the department of personnel and must be in the unclassified service of the state.

      2.  A coordinator of medical programs shall:

      (a) Cause to be kept a fair and full account of all medical affairs;

      (b) Have standard medical histories currently maintained on all clients, and administer or have administered the accepted and appropriate medical treatments to all clients under his care, and may, by delegation of the administrative officer, be responsible for the nonmedical care and treatment of clients; and


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ê1993 Statutes of Nevada, Page 2722 (Chapter 640, SB 542)ê

 

      (c) Undertake any diagnostic, medical or surgical procedure in the interest of the client, but only in accordance with the provisions of subsection 1 of NRS 433.484.

      Sec. 165.  NRS 433A.250 is hereby amended to read as follows:

      433A.250  1.  The administrator shall establish such evaluation teams as are necessary to aid the courts under NRS 433A.240 and 433A.310.

      2.  Each team must be composed of a psychiatrist and other persons professionally qualified in the field of psychiatric mental health who are representative of the division, selected from personnel in the division.

      3.  Fees for the evaluations must be established and collected as set forth in NRS 433.414 [.] or section 126 of this act, as appropriate.

      Sec. 166.  NRS 433A.350 is hereby amended to read as follows:

      433A.350  Upon admission to any division facility, each client and the client’s spouse, parents or other nearest-known adult relative [shall] must receive a written statement outlining in simple, nontechnical language all release procedures provided by this chapter, setting out all rights accorded to clients by this chapter and chapter 433 of NRS , and sections 102 to 136, inclusive, of this act, and describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the client.

      Sec. 167.  NRS 433A.360 is hereby amended to read as follows:

      433A.360  1.  A clinical record for each client must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the client’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

      (a) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the client, his parent, guardian or attorney.

      (b) The record must be released to persons authorized by the order of a court of competent jurisdiction.

      (c) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §§ 6041 et seq.) or the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. §§ 10801 et seq.) when the administrator deems it necessary for the proper care of the client.

      (d) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual clients.

      (e) To the extent necessary for a client to make a claim, or for a claim to be made on behalf of a client for aid, insurance or medical assistance to which he may be entitled, information from the records may be released with the written authorization of the client or his guardian.

      (f) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 6041 et seq. or 42 U.S.C. §§ 10801 et seq. if:


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ê1993 Statutes of Nevada, Page 2723 (Chapter 640, SB 542)ê

 

             (1) The client is a client of that office and he or his legal representative or guardian authorizes the release of the record; or

             (2) A complaint regarding a client was received by the office or there is probable cause to believe that the client has been abused or neglected and the client:

             (I) Is unable to authorize the release of the record because of his mental or physical condition; and

             (II) Does not have a guardian or other legal representative or is a ward of the state.

      (g) The record must be released as provided in NRS 433.332 or section 120 of this act and in chapter 629 of NRS.

      2.  As used in this section, “client” includes any person who seeks, on his own or others’ initiative, and can benefit from care, treatment and training in a private institution or facility offering mental health services.

      Sec. 168.  NRS 433A.440 is hereby amended to read as follows:

      433A.440  1.  If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he may be transferred to the state of his residence pursuant to NRS 433.444 if an appropriate institution of that state is willing to accept him.

      2.  The approval of the administrator [shall] of the mental hygiene and mental retardation division of the department must be obtained before any transfer is made pursuant to subsection 1.

      Sec. 169.  NRS 433A.590 is hereby amended to read as follows:

      433A.590  1.  Fees for the cost of treatment and services rendered through any division facility must be established pursuant to the fee schedule established [by NRS 433.404.] under NRS 433.404 or section 125 of this act, as appropriate.

      2.  The maximum fee established by the schedule must approximate the actual cost per client for the class of client care provided.

      3.  The fee schedule must allow for a client to pay a portion of the actual cost if it is determined that he and his responsible relatives pursuant to NRS 433A.610 are unable to pay the full amount. That determination must be made pursuant to NRS 433A.640 and 433A.650.

      4.  Any reduction pursuant to subsection 3 of the amount owed must not be calculated until all of the benefits available to the client from third party sources, other than Medicaid, have been applied to pay the actual cost for the care provided.

      Sec. 170.  NRS 433A.660 is hereby amended to read as follows:

      433A.660  1.  If the client, his responsible relative pursuant to NRS 433A.610, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee schedule established [by NRS 433.404,] under NRS 433.404 or section 125 of this act, as appropriate, the state is entitled to recover by appropriate legal action all sums due, plus interest.

      2.  Before initiating such legal action, the division facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.


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ê1993 Statutes of Nevada, Page 2724 (Chapter 640, SB 542)ê

 

      Sec. 171.  NRS 433A.680 is hereby amended to read as follows:

      443A.680  The expense of diagnostic, medical and surgical services furnished to a client admitted to a division facility by a person not on the staff of the facility, whether rendered while the client is in a general hospital, an outpatient of a general hospital or treated outside any hospital, must be paid by the client, the guardian or relative responsible pursuant to NRS 433A.610 for his care. In the case of an indigent client or a client whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the client had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the client is admitted payment should be made for nonresident indigent clients and money is authorized pursuant to NRS 433.374 or section 123 of this act and the money is authorized in approved budgets.

      Sec. 172.  NRS 449.070 is hereby amended to read as follows:

      449.070  The provisions of NRS 449.001 to 449.240, inclusive, do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, [but] except that such a facility must comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in [NRS 424.010.] section 54 of this act.

      3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

      Sec. 173.  NRS 449.245 is hereby amended to read as follows:

      449.245  1.  No hospital licensed under the provisions of NRS 449.001 to 449.240, inclusive, may release from the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to the hospital, to any person other than a parent, guardian or relative by blood or marriage of that child, without a written authorization signed by a living parent, who must be the mother if unwed, or guardian specifying the particular person or agency to whom the child may be released and the permanent address of that person or agency.

      2.  Upon the release or other surrender of physical custody of the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of the written authorization to the [welfare] division of child and family services of the department of human resources before the release or other surrender by it of physical custody of the child. The copy must be furnished to the [welfare] division immediately upon receipt by the hospital.

      3.  Any person to whom any such child is released who thereafter surrenders physical custody of that child to any other person or agency shall, upon demand by the [welfare division,] division of child and family services, disclose to the [welfare] division the name and permanent address of the person or agency to whom physical custody of the child was delivered.


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ê1993 Statutes of Nevada, Page 2725 (Chapter 640, SB 542)ê

 

disclose to the [welfare] division the name and permanent address of the person or agency to whom physical custody of the child was delivered.

      4.  All information received by the [welfare] division of child and family services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information [concerning recipients of public assistance] is protected under [NRS 422.290.] section 74 of this act.

      5.  Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310, inclusive, governing placements for adoption and permanent free care.

      6.  A violation of any provision of this section is a misdemeanor.

      Sec. 174.  NRS 449.705 is hereby amended to read as follows:

      449.705  1.  If a patient in a medical facility or facility for the dependent is transferred to another medical facility or facility for the dependent, a division facility or a physician licensed to practice medicine, the facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the other medical facility or facility for the dependent, the division facility or the physician. The facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section:

      (a) “Division facility” [has the meaning ascribed to it in NRS 433.094.] means any unit or subunit operated by a division of the department of human resources pursuant to Title 39 of NRS.

      (b) “Medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 175.  NRS 477.030 is hereby amended to read as follows:

      477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

      (a) The prevention of fire.

      (b) The storage and use of combustibles, flammables and fireworks.

      (c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.

      (d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large number of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

      (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.


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ê1993 Statutes of Nevada, Page 2726 (Chapter 640, SB 542)ê

 

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

      2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

      3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

      4.  The state fire marshal shall cooperate with the [welfare] division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

      5.  The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.

      6.  The state fire marshal shall:

      (a) Investigate any fire which occurs in a county whose population is less than 35,000, and from which a death results or which is of a suspicious nature.

      (b) Investigate any fire which occurs in a county whose population is 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

      (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

      (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

      (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

      7.  The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

      8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

      9.  The state fire marshal shall:

      (a) Assist in checking plans and specifications for construction;

      (b) Provide specialized training to local fire departments; and

      (c) Assist local governments in drafting regulations and ordinances,

on request or as he deems necessary.

      Sec. 176.  Section 12 of this act is hereby amended to read as follows:

       Sec. 12.  1.  Except as otherwise provided in this section, the division [may] shall, in accordance with section 1 of Senate Bill No. 81 of this session, charge reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required [pursuant to NRS 127.280.]


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ê1993 Statutes of Nevada, Page 2727 (Chapter 640, SB 542)ê

 

this session, charge reasonable fees for the services it provides in placing, arranging the placement of or assisting in placing or arranging the placement of any child for adoption, and for conducting any investigation required [pursuant to NRS 127.280.] by section 2 of Senate Bill No. 80 of this session.

       2.  The fees charged for those services must vary based on criteria developed by the division, but must not exceed $2,500. The division shall not discriminate between adoptions made through an agency and specific adoptions in setting its fees.

       3.  A fee must not be charged for services related to the adoption of a child with special needs.

       4.  The division may waive or reduce any fee charged pursuant to this section if it determines that the adoptive parents are not able to pay the fee or the needs of the child require a waiver or reduction of the fee.

       5.  Any money collected pursuant to this section must be accounted for in the appropriate account of the division and may be used only to pay for the costs of any adoptive or post-adoptive services provided by the division.

      Sec. 177.  Section 1 of Senate Bill No. 81 of this session is hereby amended to read as follows:

       Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Except as otherwise provided by specific statute:

       (a) The division shall:

             (1) Establish and impose a schedule of fees for services rendered through each of its programs. The highest fee established for a service must approximate the cost of providing the service.

             (2) Establish a scale proportionate to income so that families whose income is low can afford services preventive of greater expense to the family or the public afterward.

             (3) Submit the schedule to the director for approval before enforcement.

       (b) The fees collected pursuant to the schedule must be deposited in the state treasury to the credit of the state general fund.

       (c) The administrator may waive any fee established pursuant to the schedule if he determines that the person required to pay that fee is financially unable to do so.

       2.  A schedule of fees established pursuant to this section does not apply to any services for which the division receives payment pursuant to NRS 423.160 or 423.210.

      Sec. 178.  Section 2 of Senate Bill No. 81 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 232.410 is hereby amended to read as follows:

       232.410  As used in NRS 232.400 to 232.465, inclusive, [and] section 1 of this act, and section 1 of Senate Bill No. 81 of this session, unless the context requires otherwise:

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

       2.  “Division” means the division of child and family services of the department.


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ê1993 Statutes of Nevada, Page 2728 (Chapter 640, SB 542)ê

 

      Sec. 179.  Section 6 of Senate Bill No. 392 of this session is hereby amended to read as follows:

       Sec. 6.  1.  In each judicial district which includes a county whose population is 100,000 or more but less than 400,000, a director of juvenile services of the department of juvenile services must be appointed by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the committee for juvenile services.

       2.  The director of juvenile services is directly responsible to the family court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:

       (a) The division of child and family services of the department of human resources;

       (b) The public schools of the judicial district;

       (c) All law enforcement agencies of the judicial district;

       (d) The committee for juvenile services of the judicial district;

       (e) The department of juvenile services of the judicial district; and

       (f) The detention home or facilities of the judicial district.

The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.

       3.  The director shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.

       4.  The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.

       5.  The director is entitled to such staff of employees to assist in the performance of his duties as is advised by the committee for juvenile services, approved by the judge or judges of the family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

       6.  The salary of the director must be fixed by the judge or judges of the family division, with the advice of the committee for juvenile services and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

       7.  As used in this section, “matter otherwise within the jurisdiction of the juvenile court” means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.

      Sec. 180.  Section 11 of Senate Bill No. 392 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 62.123 is hereby amended to read as follows:

       62.123  1.  In each judicial district which includes a county whose population is [100,000] 400,000 or more, there must be appointed a director of juvenile services. The appointment must be made by the judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.


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ê1993 Statutes of Nevada, Page 2729 (Chapter 640, SB 542)ê

 

judge or judges of the family division of the district court who are assigned by the judges of that division to hear matters arising under this chapter or otherwise within the jurisdiction of the juvenile court. The appointment must be made from a list of candidates recommended by the probation committee.

       2.  The director of juvenile services is directly responsible to the family court. He shall coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to:

       (a) The division of child and family services of the department of human resources;

       (b) The public schools of the judicial district;

       (c) All law enforcement agencies of the judicial district;

       (d) The probation committee; and

       (e) The detention home or facilities of the judicial district.

The director may also be responsible for carrying out preventive programs relating to juvenile delinquency.

       3.  The director shall administer the functions of the family court relating to matters arising under this chapter or otherwise within the jurisdiction of the juvenile court.

       4.  The director shall serve at the pleasure of the court and is subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the court to answer thereto.

       5.  The director is entitled to such staff of employees to assist in the performance of his duties as is advised by the probation committee, approved by the judge or judges of the family division, and consented to by the board or boards of county commissioners of the county or counties served by the judicial district.

       6.  The salary of the director must be fixed by the judge or judges of the family division, with the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties served by the judicial district.

       7.  As used in this section, “matter otherwise within the jurisdiction of the juvenile court” means any proceeding that would be within the jurisdiction of the juvenile division of the district court if it were pending in any judicial district other than one described in subsection 1.

      Sec. 181.  Section 1 of Assembly Bill No. 54 of this session is hereby amended to read as follows:

       Section 1.  NRS 127.007 is hereby amended to read as follows:

       127.007  1.  The division shall maintain the state register for adoptions, which is hereby established, in its central office [for the purpose of providing] to provide information to identify adults who were adopted and persons related to them within the third degree of consanguinity.

       2.  The state register for adoptions consists of:

       (a) Names and other information, which the administrator of the division deems to be necessary for the operation of the register, relating to persons who have released a child for adoption or have consented to the adoption of a child, or whose parental rights have been terminated by a court of competent jurisdiction, and who have submitted the information voluntarily to the division;

 


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ê1993 Statutes of Nevada, Page 2730 (Chapter 640, SB 542)ê

 

by a court of competent jurisdiction, and who have submitted the information voluntarily to the division;

       (b) Names and other necessary information of persons who are 18 years of age or older, who were adopted and who have submitted the information voluntarily to the division; and

       (c) Names and other necessary information of persons who are related within the third degree of consanguinity to adopted persons, and who have submitted the information voluntarily to the division.

Any person whose name appears in the register may withdraw it by requesting in writing that it be withdrawn. The division shall immediately withdraw a name upon receiving a request to do so, and may not thereafter release any information to identify that person, including the information that such a name was ever in the register.

       3.  Except as otherwise provided in subsection 4, the division may release information:

       (a) About a person related within the third degree of consanguinity to an adopted person; or

       (b) About an adopted person to a person related within the third degree of consanguinity,

if the names and information about both persons are contained in the register [.] and written consent for the release of such information is given by the natural parent.

       4.  An adopted person may, by submitting a written request to the division, restrict the release of any information concerning himself to one or more categories of relatives within the third degree of consanguinity. [The division shall not release information:

       (a) About a person related within the third degree of consanguinity to an adopted person; or

       (b) About an adopted person to a person related within the third degree of consanguinity,

without the consent of the natural parent.]

      Sec. 182.  Section 1 of Senate Bill No. 73 of this session is hereby amended to read as follows:

       Section 1.  NRS 127.009 is hereby amended to read as follows:

       127.009  1.  The division shall prepare a booklet on adoption in this state which includes the following information:

       (a) The legal basis of adoption;

       (b) The purpose of adoption;

       (c) The process of adoption;

       (d) The number of children who are waiting to be adopted, including statistical information regarding:

             (1) The gender and ethnic background of the children who are waiting to be adopted;

             (2) The number of children placed in foster homes who are waiting to be adopted;

             (3) The number of children with special needs who are waiting to be adopted; and

             (4) The number of siblings who are waiting to be adopted;


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ê1993 Statutes of Nevada, Page 2731 (Chapter 640, SB 542)ê

 

       (e) The name and location of agencies in Nevada that place children with adoptive parents;

       (f) The number of prospective adoptive parents;

       (g) A comparison of Nevada to the surrounding states regarding the placement of children with adoptive parents; and

       (h) A comparison of the division to other agencies located in Nevada regarding the placement of children with adoptive parents.

       2.  The division shall:

       (a) Revise the information in the booklet annually.

       (b) Distribute the booklet to persons and organizations whose patients or clients are likely to become involved with the process of adoption in this state. The booklet must also be distributed to prospective adoptive parents and natural parents giving children up for adoption.

       3.  The division may accept gifts and grants to assist in the production and distribution of the booklet.

      Sec. 183.  Section 21 of Assembly Bill No. 362 of this session is hereby amended to read as follows:

       Sec. 21.  NRS 127.053 is hereby amended to read as follows:

       127.053  No consent to a specific adoption executed in this state, or executed outside this state for use in this state, is valid unless it:

       1.  Identifies the child to be adopted by name, if any, [gender] sex and date of birth.

       2.  Is in writing and signed by the person consenting to the adoption as required in this chapter.

       3.  Is acknowledged by the person consenting and signing the consent to adoption in the manner and form required for conveyances of real property . [by NRS 111.240 to 111.305, inclusive.]

       4.  Contains, at the time of execution, the name of the person or persons to whom consent to adopt the child is given.

       5.  Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person consenting. If neither the petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, then one of the witnesses must be a social worker employed by:

       (a) The division;

       (b) An agency licensed in this state to place children for adoption;

       (c) A comparable state or county agency of another state; or

       (d) An agency authorized under the laws of another state to place children for adoption, if the natural parent resides in that state.

      Sec. 184.  Section 1 of Senate Bill No. 75 of this session is hereby amended to read as follows:

       Section 1.  Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

       The division shall:

       1.  Adopt regulations setting forth the criteria to be used by the division or a licensed child-placing agency for determining whether a prospective adoptive home is suitable or unsuitable for the placement of a child for adoption; and


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ê1993 Statutes of Nevada, Page 2732 (Chapter 640, SB 542)ê

 

       2.  If a determination is made pursuant to an investigation required by NRS 127.120 or section 2 of chapter 42, Statutes of Nevada 1993, that a prospective adoptive home is unsuitable for placement or detrimental to the interest of the child, provide the prospective adoptive parent or parents with an opportunity to review and respond to the investigation with the division before the issuance of the results of the investigation. The identity of those persons who are interviewed or submit information concerning the investigation must remain confidential.

      Sec. 185.  Section 2 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 2.  1.  The division or a licensed child-placing agency shall, within 60 days after receipt of confirmation of the natural parents’ intent to place the child for adoption and a completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection. If a licensed child-placing agency undertakes the investigation, it shall provide progress reports to the division in such a format and at such times as the division requires to ensure that the investigation will be completed within the 60-day period. If, at any time, the division determines that it is unlikely that the investigation will be completed in a timely manner, the division shall take over the investigation and complete it within the 60-day period or as soon thereafter as practicable.

       2.  If the placement is to be made in a home outside of this state, the division or licensed child-placing agency must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.

      Sec. 186.  Section 3 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 3.  1.  Pending completion of the required investigation, the child must be:

       (a) Retained by the natural parent; or

       (b) Placed by the natural parent with the division or licensed child-placing agency and placed by it in a foster home licensed by the division,

until a determination is made concerning the suitability of the prospective adoptive parents.


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ê1993 Statutes of Nevada, Page 2733 (Chapter 640, SB 542)ê

 

       2.  Upon completion of the investigation, the division or licensed child-placing agency shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the decision to approve or deny the placement. If the prospective adoptive home is found:

       (a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed, and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.

       (b) Unsuitable or detrimental to the interest of the child, the division or licensed child-placing agency shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the division or a licensed child-placing agency for adoption.

      Sec. 187.  Section 4 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 4.  1.  Whenever the division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:

       (a) The division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and

       (b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:

             (1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the division’s petition, and proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act; or

             (2) Proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act in all other cases if the court determines that it is in the best interest of the child that the child should be removed.

       2.  Whenever the division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and the required written notice has not been given, if the division does not proceed pursuant to subsection 1, it shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the division if the home meets established standards. If, in the opinion of the division, the placement is detrimental to the interest of the child, the division shall file an application with the district court for an order for the removal of the child from the home.


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ê1993 Statutes of Nevada, Page 2734 (Chapter 640, SB 542)ê

 

application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 2 of section 3 of this act.

      Sec. 188.  Section 7 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 7.  NRS 127.220 is hereby amended to read as follows:

       127.220  As used in NRS 127.230 to 127.310, inclusive, [and] section 12 of this act, and sections 2, 3 and 4 of Senate Bill No. 80 of this session, unless the context otherwise requires:

       1.  “Arrange the placement of a child” means to make preparations for or bring about any agreement or understanding concerning the adoption of a child.

       2.  “Child-placing agency” means the division or a nonprofit corporation organized pursuant to chapter 82 of NRS, and licensed by the division to place children for adoption or permanent free care.

       3.  “Person” includes a hospital.

       4.  “Recommend the placement of a child” means to suggest to a licensed child-placing agency that a prospective adoptive parent be allowed to adopt a specific child, born or in utero.

      Sec. 189.  Section 8 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 8.  NRS 127.240 is hereby amended to read as follows:

       127.240  1.  No person may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the division. This subsection applies to agents, servants, physicians and attorneys of parents or guardians, as well as to other persons.

       2.  This section does not prohibit a parent or guardian from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care if the placement is made pursuant to the provisions [of subsections 1 to 5, inclusive,] of NRS 127.280 [.] and sections 2 and 3 of this act.

       3.  This section does not prohibit the division from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.

       4.  This section does not prohibit a person, including a person acting in his professional capacity, from sharing information regarding an adoption if no money or other valuable consideration is paid:

       (a) For such information; or

       (b) For any other service related to the adoption that is performed after sharing information.

      Sec. 190.  Section 9 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 9.  NRS 127.280 is hereby amended to read as follows:

       127.280  1.  A child may not be placed in the home of prospective adoptive parents for the 30-day residence in that home which is required before the filing of a petition for adoption, except where a child and one of the prospective adoptive parents are related within the third degree of consanguinity, unless:

 


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ê1993 Statutes of Nevada, Page 2735 (Chapter 640, SB 542)ê

 

of the prospective adoptive parents are related within the third degree of consanguinity, unless:

       (a) The division or a licensed child-placing agency first receives written notice of the proposed placement from:

             (1) The prospective adoptive parents of the child;

             (2) The person recommending the placement; or

             (3) A natural parent;

       (b) The investigation required by the provisions of [this] section 2 of this act have been completed; and

       (c) In case of a specific adoption, the natural parent placing the child for adoption has had an opportunity to review the report on the investigation of the home, if possible.

       2.  Upon receipt of written notice from any person other than the natural parent, the division [shall contact] or licensed child-placing agency shall communicate with the natural parent to confirm his intention to place the child for adoption with the prospective adoptive parents identified in the written notice.

       [3.  The division shall, within 60 days after receipt of confirmation of the natural parents’ intent to place the child for adoption and the completed application for adoption from the prospective adoptive parents, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption. The investigation must also embrace any other relevant factor relating to the qualifications of the prospective adoptive parents and may be a substitute for the investigation required to be conducted by the division on behalf of the court when a petition for adoption is pending, if the petition for adoption is filed within 6 months after the completion of the investigation required by this subsection.

       4.  If the placement is to be made in a home outside of this state, the division must receive a copy of a report, completed by the appropriate authority, of an investigation of the home and the medical, mental, financial and moral backgrounds of the prospective adoptive parents to determine the suitability of the home for placement of the child for adoption, unless the child and one of the prospective adoptive parents are related within the third degree of consanguinity.

       5.  Pending completion of the required investigation, the child must be:

       (b) Retained by the natural parent; or

       (c) Placed by the natural parent with the division and placed by the division in a foster home licensed by it,

until a determination is made by the division concerning the suitability of the prospective adoptive parents.

       6.  Upon completion of the investigation, the division shall forthwith inform the natural parent, the person recommending the placement and the prospective adoptive parents of the division’s decision to approve or deny the placement. If, in the opinion of the division, the prospective adoptive home is:


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ê1993 Statutes of Nevada, Page 2736 (Chapter 640, SB 542)ê

 

       (a) Suitable, the natural parent may execute a consent to a specific adoption pursuant to NRS 127.053, if not previously executed and then the child may be placed in the home of the prospective adoptive parents for the purposes of adoption.

       (b) Unsuitable or detrimental to the interest of the child, the division shall file an application in the district court for an order prohibiting the placement. If the court determines that the placement should be prohibited, the court may nullify the written consent to the specific adoption and order the return of the child to the care and control of the parent who executed the consent, but if the parental rights of the parent have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent does not wish to accept the child, then the court may order the placement of the child with the division or with any licensed child-placement agency for adoption.

       7.  Whenever the division believes that anyone has violated or is about to violate any of the provisions of this chapter, in addition to any other penalty or remedy provided:

       (a) The division may petition the appropriate district court for an order to restrain and enjoin the violation or threatened violation of any of the provisions of this chapter, or to compel compliance with the provisions of this chapter; and

       (b) The court shall, if a child has been or was about to be placed in a prospective adoptive home in violation of the provisions of this chapter:

             (1) Prohibit the placement if the child was about to be so placed, or order the removal of the child if the child was so placed within 6 months before the filing of the division’s petition, and proceed pursuant to paragraph (b) of subsection 6; or

             (2) Proceed pursuant to paragraph (b) of subsection 6 in all other cases if the court determines that it is in the best interest of the child that the child should be removed.

       8.  Whenever the division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, and the division does not proceed pursuant to subsection 7, the division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adoptive parents must be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within that time a license as a foster home must thereafter be issued by the division if the home meets established standards. If, in the opinion of the division, the placement is detrimental to the interest of the child, the division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to paragraph (b) of subsection 6.

       9.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of this section is guilty of a gross misdemeanor.]


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ê1993 Statutes of Nevada, Page 2737 (Chapter 640, SB 542)ê

 

      Sec. 191.  Section 10 of Senate Bill No. 80 of this session is hereby amended to read as follows:

       Sec. 10.  NRS 127.310 is hereby amended to read as follows:

       127.310  1.  Except as otherwise provided in subsection 2 and NRS 127.240, 127.283 and 127.285, any person or organization other than the division who, without holding a valid unrevoked license to place children for adoption issued by the division:

       [1.](a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

       [2.](b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

is guilty of a misdemeanor.

       2.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280 and sections 2 and 3 of this act is guilty of a gross misdemeanor.

      Sec. 192.  Section 1 of Senate Bill No. 77 of this session is hereby amended to read as follows:

       Section 1.  NRS 127.230 is hereby amended to read as follows:

       127.230  1.  The division shall:

       (a) Establish reasonable minimum standards for child-placing agencies.

       (b) [Prescribe rules for the regulation] Adopt regulations concerning the operation of child-placing agencies.

       (c) Adopt regulations establishing the procedure to be used in placing children for adoption, [including adoptions in] which must allow the natural parent or parents [have limited knowledge of] and the prospective adoptive parent or parents [.] to determine, by mutual consent, the amount of identifying information that will be communicated concerning each of them.

       (d) Adopt any other regulations necessary to carry out its powers and duties regarding the adoption of children or the placement of children for adoption or permanent free care.

       2.  All licensed child-placing agencies shall conform to the standards established and the [rules prescribed] regulations adopted pursuant to subsection 1.

      Sec. 193.  Section 2 of Senate Bill No. 77 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 127.250 is hereby amended to read as follows:

       127.250  1.  The application for a license to operate a child-placing agency must be in a form prescribed by the division. The license must state to whom it is issued and the fact that it is effective for 1 year from the date of its issuance.

       2.  The issuance by the division of a license to operate a child-placing agency must be based upon reasonable and satisfactory assurance to the division that the applicant for such license will conform to the standards established and the [rules prescribed] regulations adopted by the division as provided in NRS 127.230.


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

ê1993 Statutes of Nevada, Page 2738 (Chapter 640, SB 542)ê

 

established and the [rules prescribed] regulations adopted by the division as provided in NRS 127.230.

       3.  When the division is satisfied that a licensee is conforming to such standards and [rules,] regulations, it shall renew his license, and the license so renewed continues in force for 1 year from the date of renewal.

      Sec. 194.  Section 1 of Senate Bill No. 78 of this session is hereby amended to read as follows:

       Section 1.  NRS 127.285 is hereby amended to read as follows:

       127.285  1.  Any attorney licensed to practice in this state [may perform any legal services in adoption proceedings, if he does not:

       (a) Take part in finding parents or children; or

       (b) Otherwise participate in the adoption proceedings.

       2.  Such attorney may receive compensation for his legal services.] or in any other state:

       (a) May not receive compensation for:

             (1) Taking part in finding children for adoption; or

             (2) Finding parents to adopt children.

       (b) May receive a reasonable compensation for legal services provided in relation to adoption proceedings.

       2.  The division shall report any violation of subsection 1 to the State Bar of Nevada if the alleged violator is licensed to practice in this state, or to the bar association of the state in which the alleged violator is licensed to practice.

       3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 195.  Section 2 of Senate Bill No. 78 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 127.310 is hereby amended to read as follows:

       127.310  1.  Except as otherwise provided in [subsection 2 and] NRS 127.240, 127.283 and 127.285, any person or organization other than the division who, without holding a valid unrevoked license to place children for adoption issued by the division:

       (a) Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or

       (b) Advertises in any periodical or newspaper, or by radio or other public medium, that he will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,

is guilty of a misdemeanor.

       2.  Any person who places, accepts placement of, or aids, abets or counsels the placement of any child in violation of NRS 127.280 and sections 2 and 3 of [this act] Senate Bill No. 80 of this session, is guilty of a [gross] misdemeanor.

       3.  A periodical, newspaper, radio station or other public medium is not subject to any criminal penalty or civil liability for publishing or broadcasting an advertisement that violates the provisions of this section.


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

ê1993 Statutes of Nevada, Page 2739 (Chapter 640, SB 542)ê

 

broadcasting an advertisement that violates the provisions of this section.

      Sec. 196.  Section 1 of Assembly Bill No. 194 of this session is hereby amended to read as follows:

       Section 1.  NRS 477.030 is hereby amended to read as follows:

       477.030  1.  Except as otherwise provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:

       (a) The prevention of fire.

       (b) The storage and use of combustibles, flammables and fireworks.

       (c) The storage and use of explosives in any commercial construction, but not in mining or the control of avalanches.

       (d) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

       (e) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties whose population is less than 35,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.

       2.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this state, including the threads used on fire hose couplings and hydrant fittings.

       3.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

       4.  The state fire marshal shall cooperate with the division of child and family services of the department of human resources in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

       5.  The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.


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

ê1993 Statutes of Nevada, Page 2740 (Chapter 640, SB 542)ê

 

       6.  [The] Except as otherwise provided in subsection 10, the state fire marshal shall:

       (a) Investigate any fire which occurs in a county whose population is less than 35,000, and from which a death results or which is of a suspicious nature.

       (b) Investigate any fire which occurs in a county whose population is 35,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.

       (c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.

       (d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.

       (e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.

       7.  The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state and publish at least annually a summary of data collected under the system.

       8.  The state fire marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.

       9.  The state fire marshal shall:

       (a) Assist in checking plans and specifications for construction;

       (b) Provide specialized training to local fire departments; and

       (c) Assist local governments in drafting regulations and ordinances, on request or as he deems necessary.

       10.  In a county whose population is less than 35,000, the state fire marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of his authority or duties if the local government’s personnel and programs are, as determined by the state fire marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the state fire marshal shall revoke the agreement.

      Sec. 197.  NRS 210.200, 210.650, 210.760, 232.463, 422.283, 422.300, 422.360, 432B.120, 433A.500, 433A.510, 433A.530, 433A.540, 433A.550, 433A.560 and 433A.570, section 2 of Senate Bill No. 73 of this session, section 11 of Senate Bill No. 80 of this session, and sections 1 and 2 of Senate Bill No. 82 of this session are hereby repealed.

      Sec. 198.  1.  Any assignment of powers or duties to the division of child and family services of the department of human resources pursuant to NRS 232.463 expires on July 1, 1993.

      2.  The provisions of this act do not affect any action taken by the division of child and family services of the department of human resources, before July 1, 1993, under any powers or duties assigned to the division pursuant to NRS 232.463.

      Sec. 199.  Any action taken by a division of the department of human resources, including the issuance of a license, before its authority to take such an action is transferred to the division of child and family services of the department pursuant to this act remains in effect as if taken by the division of child and family services.


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

ê1993 Statutes of Nevada, Page 2741 (Chapter 640, SB 542)ê

 

an action is transferred to the division of child and family services of the department pursuant to this act remains in effect as if taken by the division of child and family services.

      Sec. 200.  1.  The regulations of a board or division whose authority to adopt regulations has been transferred by this act to the division of child and family services of the department of human resources remain in effect as the regulations of the division until the division adopts new regulations.

      2.  As soon as practicable after July 1, 1993, the division of child and family services shall adopt new regulations superseding any regulations in effect on that date adopted pursuant to the provisions of chapter 127 of NRS.

      Sec. 201.  The administrator of the welfare division of the department of human resources shall take such action as necessary to transfer to the administrator of the division of child and family services of the department the authority to deposit and withdraw money from the accounts established for children by the welfare division pursuant to NRS 422.253, as that section existed before its amendment pursuant to this act.

      Sec. 202.  1.  This section and sections 1 to 44, inclusive, 46 to 84, inclusive, 86 to 168, inclusive, 172 to 175, inclusive, 177 to 201, inclusive, and 203 of this act become effective on July 1, 1993.

      2.  Sections 45, 169, 170 and 171 of this act become effective at 12:01 a.m. on July 1, 1993.

      3.  Sections 85 and 176 of this act become effective on October 1, 1993.

      Sec. 203.  The legislative counsel shall, in preparing the reprint of and supplements to the Nevada Revised Statutes regarding any section which is not amended by this act or is adopted or amended by another act:

      1.  Appropriately correct any reference to an officer or agency whose designation is changed by this act, according to the function performed.

      2.  If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.

 

________

 

 

CHAPTER 641, SB 540

Senate Bill No. 540–Committee on Judiciary

CHAPTER 641

AN ACT relating to evidence; expressly recognizing an unsworn declaration under penalty of perjury as equivalent to an affidavit in most instances; providing a penalty for a false declaration; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 53 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, any matter whose existence or truth may be established by an affidavit or other sworn declaration may be established with the same effect by an unsworn declaration of its existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

 


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ê1993 Statutes of Nevada, Page 2742 (Chapter 641, SB 540)ê

 

existence or truth signed by the declarant under penalty of perjury, and dated, in substantially the following form:

      (a) If executed in this state: “I declare under penalty of perjury that the foregoing is true and correct.”

 

      Executed on .............................................         .....................................................

                                              (date)                                            (signature)

      (b) If executed outside this state: “I declare under penalty of perjury under the law of the State of Nevada that the foregoing is true and correct.”

 

      Executed on .............................................         .....................................................

                                              (date)                                            (signature)

      2.  This section does not dispense with a requirement of a witness to or the authentication of a signature, or the requirements of NRS 133.050 or a similar statute.

      Sec. 2.  Chapter 199 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person who, in a declaration made under penalty of perjury:

      1.  Makes a willful and false statement in a matter material to the issue or point in question; or

      2.  Willfully makes an unqualified statement of that which he does not know to be true,

or who suborns another to make in such a declaration a statement of the kind described in subsection 1 or 2, is guilty of perjury or subornation of perjury, as the case may be, and shall be punished as provided in NRS 199.120.

 

________

 

 

CHAPTER 642, SB 531

Senate Bill No. 531–Senator Titus (by request)

CHAPTER 642

AN ACT relating to dentistry; requiring the board of dental examiners of Nevada to charge a fee to review certain courses of continuing education for accreditation; providing that certain records and information of the board are confidential; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

      (a) Disciplinary action is imposed by the board as a result of the investigation; or


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ê1993 Statutes of Nevada, Page 2743 (Chapter 642, SB 531)ê

 

      (b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.

      2.  The board may provide any record or information described in subsection 1 to any other licensing board or agency or any agency which is investigating a person licensed pursuant to this chapter, including a law enforcement agency.

      Sec. 2.  NRS 631.190 is hereby amended to read as follows:

      631.190  In addition to the powers and duties provided in this chapter, the board shall:

      1.  Adopt rules and regulations necessary to carry out the provisions of this chapter.

      2.  Appoint such committees, examiners, officers, employees, agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.

      3.  Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.

      4.  Examine applicants for licenses to practice dentistry and dental hygiene.

      5.  Collect and apply fees as provided in this chapter.

      6.  Keep a register of all dentists and dental hygienists licensed in this state, together with their addresses, license numbers and renewal certificate numbers.

      7.  Have and use a common seal.

      8.  Keep such records as may be necessary to report the acts and proceedings of the board . [, which records shall be open to public inspection.] Except as otherwise provided in section 1 of this act, the records must be open to public inspection.

      9.  Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      10.  Have discretion to examine work authorizations in dental offices or dental laboratories.

      Sec. 3.  NRS 631.345 is hereby amended to read as follows:

      631.345  1.  The fees which must be charged by the board for the performance of the duties imposed upon it by this chapter are as follows:

 

Examination fee for license to practice dentistry .................................     $300

Examination fee for license to practice dental hygiene ......................       150

Application fee for a specialist license .................................................       125

Application and examination fee for permit to administer general anesthesia or sedation ...............................................................................................       200

Annual renewal fee for permit to administer general anesthesia or sedation   ............................................................................................................... 50

Annual license renewal fee for a general dentist or specialist, not to exceed ............................................................................................................... 300

Annual license renewal fee for a dental hygienist, not to exceed ....       150

Annual license renewal fee for an inactive dentist ............................. 100 Annual license renewal fee for a retired or disabled dentist             25

 


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

ê1993 Statutes of Nevada, Page 2744 (Chapter 642, SB 531)ê

 

Annual license renewal fee for a retired or disabled dentist .............         25

Annual license renewal fee for an inactive dental hygienist .............         25

Annual license renewal fee for a retired or disabled dental hygienist               25

Reinstatement fee for a suspended license to practice dentistry or dental hygiene, not to exceed ......................................................................................       200

Reinstatement fee for a revoked license to practice dentistry or dental hygiene ...............................................................................................................       500

 

      2.  Except as otherwise provided in this subsection, the board shall charge a fee to review a course of continuing education for accreditation. The fee must not exceed $150 per credit hour of the proposed course. The board shall not charge a nonprofit organization or an agency of the state or of a political subdivision of the state a fee to review a course of continuing education.

      3.  All fees prescribed in this section are payable in advance and must not be refunded.

 

________

 

 

CHAPTER 643, SB 518

Senate Bill No. 518–Committee on Taxation

CHAPTER 643

AN ACT relating to taxes; clarifying that the transmission of radio and television signals and the sale of air time are not taxable transactions; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of this chapter, the department shall not consider the activities of persons that are directly related to the process of transmitting radio, television, cable television or data signals, including the transmission of news or information by data signal, the transmission of signals from one broadcaster to another and from a broadcaster to a member of the public and including the production and airing of any form of speech or broadcast by radio or television, whether or not compensation is provided to the broadcaster in connection therewith, to be transactions that are taxable pursuant to the provisions of this chapter.

      Sec. 2.  Chapter 374 of NRS is hereby amended by adding thereto a new section to read as follows:

      In administering the provisions of this chapter, the department shall not consider the activities of persons that are directly related to the process of transmitting radio, television, cable television or data signals, including the transmission of news or information by data signal, the transmission of signals from one broadcaster to another and from a broadcaster to a member of the public and including the production and airing of any form of speech or broadcast by radio or television, whether or not compensation is provided to the broadcaster in connection therewith, to be transactions that are taxable pursuant to the provisions of this chapter.


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

ê1993 Statutes of Nevada, Page 2745 (Chapter 643, SB 518)ê

 

broadcast by radio or television, whether or not compensation is provided to the broadcaster in connection therewith, to be transactions that are taxable pursuant to the provisions of this chapter.

 

________

 

 

CHAPTER 644, SB 511

Senate Bill No. 511–Committee on Finance

CHAPTER 644

AN ACT relating to education; revising the provision concerning the program of accountability for public schools; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.

      2.  The board of trustees of each school district [may design its own program or may adopt the program developed by the Northwest Association of Schools and Colleges.

      3.  The program must require the board of trustees of the school district to report not less than annually] must report during March of each year to the residents of the district concerning:

      (a) The educational goals and objectives of the school district;

      (b) A comparison of pupil achievement for each school in the district and the district as a whole at each age and grade level for the current school year with that of previous school years;

      (c) The ratio of pupils to teachers at each grade level for each school in the district and the district as a whole and other data concerning licensed and unlicensed employees of the school district;

      (d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher [;] , for each school in the district and the district as a whole;

      (e) The total expenditure per pupil, set forth individually for each source of funding [;] , for each school in the district and the district as a whole;

      (f) The curriculum used by the school district, including any special programs for pupils [;] at an individual school;

      (g) Records of the attendance and advancement of pupils in all grades, for each school in the district and the district as a whole, and of graduation rates for pupils in each high school [; and] in the district;

      (h) Efforts made by the school district and by each school in the district to increase communication with the parents of pupils in the district [.] ; and


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ê1993 Statutes of Nevada, Page 2746 (Chapter 644, SB 511)ê

 

      (i) Such other information as is directed by the superintendent of public instruction.

      3.  The superintendent of public instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.

      (c) Consult with a representative of:

             (1) The Nevada State Education Association;

             (2) The Nevada Association of School Boards;

             (3) The Nevada Association of School Administrators; and

             (4) The Nevada Parent Teachers Association,

concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      4.  On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:

      (a) A separate report summarizing the effectiveness of the district’s program of accountability during the school year; and

      (b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).

      5.  On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.

      Sec. 2.  This act becomes effective on July 1, 1993, and expires by limitation on July 1, 1997.

 

________

 

 

CHAPTER 645, SB 501

Senate Bill No. 501–Committee on Taxation

CHAPTER 645

AN ACT relating to taxation; requiring the school districts of certain counties to transfer money to other local governments in the county to reduce the combined tax rate in order to conform to statutory requirements; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Notwithstanding the provisions of NRS 361.455, for each county for which:

      1.  The voters approved in 1992 the issuance of bonds which are to be repaid by a levy of taxes ad valorem throughout the county; and


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ê1993 Statutes of Nevada, Page 2747 (Chapter 645, SB 501)ê

 

      2.  The department of taxation determines before the levy of taxes pursuant to NRS 361.450 for fiscal year 1993-1994, or before June 30, 1994, for fiscal year 1994-1995, that when the tax rate necessary to be levied for debt service for the bonds issued as a result of the approval of the voters described in paragraph (a) is added to the rate of other taxes ad valorem authorized to be levied in that county for the fiscal year beginning July 1, 1993, or July 1, 1994, respectively, the resulting rate per $100 of assessed valuation in the most populous city in the county will exceed the limitation established by NRS 361.453,

the school district for the county shall, out of available resources in the general fund of the district, transfer a sufficient amount of money to other local governments in the county to reduce the combined tax rate to conform to the statutory limit. The amounts must be transferred to other local governments in the manner that results in the transfer of the least possible amount of money. The amounts must be transferred quarterly, within 30 days after each quarterly installment of property taxes is due pursuant to NRS 361.483. The tax rates of the local governments to which money is transferred must be reduced to reflect the amount of the transfer, and such local governments shall file revised budgets in accordance with subsection 7 of NRS 361.455.

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

 

________

 

 

CHAPTER 646, SB 498

Senate Bill No. 498–Senator Shaffer (by request)

CHAPTER 646

AN ACT relating to motor vehicles; requiring, in lieu of arresting the driver, the issuance of a citation or a notice of correction for certain violations concerning heavy-duty motor vehicles; requiring under certain circumstances that a motor vehicle which is in an unsafe condition and carrying perishable cargo be allowed to proceed to its destination and unload the cargo; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Whenever a peace officer detains the driver of a heavy-duty motor vehicle for a violation of any provision of this chapter or any other specific statute or regulation relating to the equipment, lights, brakes, tires, mechanisms or safety appliances required of such a vehicle, the peace officer shall, in lieu of arresting the driver, issue a written citation, a written notice of correction, or both. If a notice of correction is issued, it must set forth the violation with particularity and specify the corrective action which must be taken.

      2.  If at the time of the issuance of a citation or a notice of correction, the peace officer determines that the vehicle is unsafe and poses an immediate threat to the life of the driver or any other person upon a public highway, the peace officer may require that the vehicle be taken to the nearest garage or other place where the vehicle may be safely repaired.


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ê1993 Statutes of Nevada, Page 2748 (Chapter 646, SB 498)ê

 

peace officer may require that the vehicle be taken to the nearest garage or other place where the vehicle may be safely repaired. If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to life, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer shall not delay the vehicle for more than 15 minutes and shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the peace officer may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

      3.  As used in this section:

      (a) “Heavy-duty motor vehicle” means a motor vehicle which:

             (1) Has a manufacturer’s gross vehicle weight rating of 10,000 pounds or more; and

             (2) Is owned or leased by or otherwise used in the regular course of the business of a common, contract or private motor carrier.

      (b) “Peace officer” means:

             (1) A peace officer or an inspector of the department; or

             (2) A sheriff, peace officer or traffic officer assisting in the enforcement of the provisions of this chapter.

      Sec. 2.  NRS 706.246 is hereby amended to read as follows:

      706.246  Except as otherwise provided in section 1 of this act:

      1.  A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation, except as further limited by subsection 2, only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.

      2.  A common or contract motor carrier or private motor carrier shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which:

      (a) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown; and

      (b) Has been declared “out of service” by an authorized employee of the commission or the department.

When the repairs have been made, the carrier shall so certify to the commission or the department, whichever agency declared the vehicle “out of service,” as required by the commission or the department.

      Sec. 3.  NRS 484.697 is hereby amended to read as follows:

      484.697  1.  Except as otherwise provided in subsection 2 and section 1 of this act:

      (a) A person shall not operate any vehicle after notice of an unsafe condition or that the vehicle is not equipped as required by this chapter, unless it is necessary to return the vehicle to the residence or place of business of the owner or driver or to a garage and operation of the vehicle is not further limited by NRS 706.246.


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ê1993 Statutes of Nevada, Page 2749 (Chapter 646, SB 498)ê

 

owner or driver or to a garage and operation of the vehicle is not further limited by NRS 706.246.

      [2.](b) If any peace officer or vehicle safety inspector finds that any vehicle is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle or that the vehicle be taken to the nearest garage or other safe place.

      2.  If the vehicle is transporting wet concrete or other perishable cargo and does not pose an immediate threat to the life of the driver or any other person upon a public highway, and if the destination of the vehicle is within a distance of not more than 15 miles, the peace officer or vehicle safety inspector shall permit the vehicle to proceed to its destination and unload its cargo. Upon the arrival of the vehicle at its destination, the officer or inspector may order that the vehicle be taken, after the cargo of the vehicle has been unloaded, to the nearest garage or other place where the vehicle may be safely repaired.

 

________

 

 

CHAPTER 647, SB 482

Senate Bill No. 482–Senator Rawson (by request)

CHAPTER 647

AN ACT relating to cemeteries; regulating the establishment and operation of cemeteries for pets; providing a penalty; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 452 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires:

      1.  “Administrator” means the commissioner of insurance.

      2.  “Cemetery authority” means a person who owns or controls any real property dedicated for use as a cemetery for pets pursuant to section 4 of this act, and who operates a cemetery for pets on that property.

      Sec. 3.  The provisions of:

      1.  Sections 2 to 15, inclusive, of this act do not apply to cemeteries containing human remains only.

      2.  Sections 2 to 14, inclusive, of this act do not apply to the operation of a cemetery for pets existing on October 1, 1993, unless the property on which the cemetery is located is dedicated for use as a cemetery for pets pursuant to section 4 of this act.


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ê1993 Statutes of Nevada, Page 2750 (Chapter 647, SB 482)ê

 

      Sec. 4.  1.  The owner of real property may dedicate any portion of the property for use as a cemetery for pets by recording an acknowledged declaration of that dedication, which must specify the period for which the dedication is made, with the county recorder of the county in which the property is located.

      2.  Except as otherwise provided in subsection 3, property dedicated for use as a cemetery for pets must be used exclusively for that purpose until the dedication is removed by court order.

      3.  Nothing in this section prohibits the interment, in property dedicated for use as a cemetery for pets, of the cremated remains of a person with the remains of his predeceased pet.

      Sec. 5.  The owner of property dedicated for use as a cemetery for pets may petition the district court of the judicial district where the property is located for the removal of that dedication. The district court shall remove the dedication if it determines, after notice and hearing, that:

      1.  No interments of pets were made in, or all interments of pets have been removed from, the dedicated property; and

      2.  The owner of the property has received written authorization from the persons whose pets have been interred in the cemetery, or their successors, to remove the dedication from their respective plots or to disinter their respective pets for removal to another location.

      Sec. 6.  The dedication of property for use as a cemetery for pets pursuant to section 4 of this act is not defeated or otherwise affected by, and has priority over:

      1.  Any lien, mortgage or other encumbrance which attaches to the property:

      (a) After the dedication; or

      (b) Before the dedication, if the holder of the lien, mortgage or other encumbrance consents in writing to the subordination of his interest in the property; and

      2.  Any sale of the property to enforce such a lien, mortgage or other encumbrance.

      Sec. 7.  1.  A cemetery authority shall, before the interment, inurnment or entombment of a pet, require a deposit for the trust fund for the endowment care of the cemetery, in addition to any fee charged for the interment, inurnment or entombment.

      2.  The deposit for the trust fund for the endowment care of the cemetery must be set by the cemetery authority in an amount which is not less than:

      (a) For each grave, $5 per square foot.

      (b) For the first entombment in a single, companion or communal crypt, $35, and for each additional entombment in the same crypt, $20.

      (c) For the first inurnment in a single, companion or communal niche, $15, and for each additional inurnment in the same niche, $10.

      Sec. 8.  Any money received by or on behalf of a cemetery authority relating to the interment, inurnment or entombment of a pet must be applied to pay the deposit required by section 7 of this act before the remainder may be used for any other purpose. The cemetery authority shall place the deposit into a trust fund for the endowment care of the cemetery.


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ê1993 Statutes of Nevada, Page 2751 (Chapter 647, SB 482)ê

 

      Sec. 9.  1.  A cemetery authority may receive and hold as a part of or incident to its trust fund for the endowment care of the cemetery any real or personal property bequeathed, devised, granted, given or otherwise contributed to it for the trust fund.

      2.  The trust fund and all payments or contributions to it shall be deemed to be for charitable and eleemosynary purposes, and the endowment care of the cemetery for pets shall be deemed to be in discharge of a duty due from the persons contributing to the trust fund, and for the benefit and protection of the public health and welfare by preserving and keeping cemeteries for pets from becoming unkempt and places of reproach and desolation in the communities in which they are situated.

      3.  No payment, gift, grant, bequest or other contribution for the endowment care of a cemetery for pets is invalid by reason of any indefiniteness or uncertainty in the designation of the beneficiaries, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.

      Sec. 10.  In the absence of fraud, any money in a trust fund for the endowment care of a cemetery for pets held pursuant to section 8 of this act is exempt from attachment, garnishment or other process of law for the payment of any debt or liability of a cemetery authority, the person depositing the money or the successor of such a person.

      Sec. 11. (Deleted by amendment.)

      Sec. 12.  1.  A person shall not operate a crematory for pets unless he is a cemetery authority who:

      (a) Also holds a certificate of authority issued pursuant to NRS 452.340; and

      (b) Operates the crematory on the property to which that certificate of authority relates.

      2.  The provisions of this section do not apply to a society:

      (a) Formed for the purpose of preventing cruelty to animals as described in NRS 574.010; and

      (b) Which operates a shelter for animals.

      Sec. 13.  A cemetery authority:

      1.  May dispose of the remains of any pet which has been left for more than 7 days at the cemetery, if arrangements have not been made with the cemetery authority for the disposition of the pet.

      2.  Shall post a notice, in a conspicuous place on the grounds of the cemetery, apprising the public of the provisions of subsection 1.

      Sec. 14.  A person shall not operate a cemetery for pets unless:

      1.  The trust fund for the endowment care of the cemetery contains a principal sum of not less than that amount required pursuant to section 22 of this act.

      2.  The cemetery is located on not less than 5 acres of real property which:

      (a) Is dedicated for use as a cemetery for pets pursuant to section 4 of this act; and

      (b) Is not subject to any liens, mortgages or other encumbrances, except those which are subordinate to the dedication of the property for use as a cemetery for pets.


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ê1993 Statutes of Nevada, Page 2752 (Chapter 647, SB 482)ê

 

      Sec. 15.  The governing body of a county, city or town may adopt such ordinances for the maintenance and operation of cemeteries for pets, and for the interment, inurnment and entombment of pets, as it deems appropriate for the public health, safety or welfare. Such an ordinance must not conflict with the provisions of sections 2 to 14, inclusive, of this act.

      Sec. 16.  1.  A cemetery authority may appoint a board of trustees of not less than three in number as trustees of its trust fund for the endowment care of the cemetery. The members of the board of trustees hold office subject to the direction of the cemetery authority.

      2.  The directors of a cemetery authority, if any, may be the trustees of its trust fund. When the fund is in the care of the directors as a board of trustees, the secretary of the cemetery authority shall act as its secretary and keep a true record of all of its proceedings.

      3.  No sum in excess of 5 percent of the income derived from the fund in any year may be paid as compensation to the board of trustees for its services.

      4.  In lieu of the appointment of a board of trustees of its trust fund for the endowment care of the cemetery, a cemetery authority may appoint as sole trustee of the fund any bank or trust company qualified pursuant to the laws of this state to engage in the trust business.

      Sec. 17.  1.  A cemetery authority may also take and hold any property bequeathed, granted, or given to it in trust and apply the principal, or proceeds, or income from the trust to either or all of the following purposes:

      (a) Improvement or embellishment of all or any part of the cemetery or any lot in it.

      (b) Erection, renewal, repair or preservation of any monument, fence, building or other structure in the cemetery.

      (c) Planting or cultivation of trees, shrubs or plants in or around any part of the cemetery.

      (d) Special care or ornamenting of any part of any plot, section or building in the cemetery.

      (e) Any purpose or use not inconsistent with the purpose for which the cemetery was established or is maintained.

      2.  The sums paid in or contributed to the fund authorized by this section are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the persons contributing to the person or persons interred or to be interred in the cemetery, and likewise a provision for the benefit and protection of the public by preserving, beautifying and keeping cemeteries from becoming unkept and places of reproach and desolation in the communities in which they are situated.

      3.  No payment, gift, grant, bequest or other contribution for such a purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the fund, nor is the fund or any contribution to it invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.

      Sec. 18.  1.  The principal of all trust funds for the endowment care of a cemetery must be invested and the income used for the care, maintenance and embellishment of the cemetery, in accordance with the provisions of law and the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority, and for no other purpose.


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ê1993 Statutes of Nevada, Page 2753 (Chapter 647, SB 482)ê

 

and the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority, and for no other purpose. The trust funds must be maintained separate and distinct from all other funds and the trustees shall keep separate records thereof.

      2.  The trustee of the trust fund shall create a reserve from which principal losses may be replaced by setting aside a reasonable percentage of the income from the fund.

      Sec. 19.  1.  Money held in trust for the endowment care of a cemetery for pets must not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.

      2.  The money must be invested and reinvested in:

      (a) Bonds of the United States;

      (b) Bonds of this state or the bonds of other states;

      (c) Bonds of counties or municipalities of any state;

      (d) With the approval of the administrator, first mortgages or first trust deeds on improved real estate;

      (e) Bank deposits in any federally insured bank or savings and loan association; or

      (f) With the written approval of the administrator, any investment which would be proper under the provisions of NRS 164.050.

Pending investment as provided in this subsection, such money may be deposited in a federally insured account in any savings bank or savings and loan association qualified to do business in this state.

      3.  Each cemetery authority shall annually submit to the administrator, on a form prescribed and adopted by the administrator, a financial statement of the condition of its trust fund for the endowment care of the cemetery. The statement must be accompanied by a fee of $10. If the statement is not received by the administrator he may, after giving 10 days’ notice, revoke the cemetery authority’s certificate of authority.

      Sec. 20.  1.  It is unlawful for a cemetery authority, its officers, employees or agents, or a seller or agent certified or licensed pursuant to NRS 689.450 to 689.595, inclusive, to:

      (a) Represent that a trust fund for the endowment care of the cemetery is perpetual or permanent; or

      (b) Sell, offer for sale or advertise any plot under representation that the plot is under endowment care,

before a trust fund for the endowment care of the cemetery has been established for the cemetery in which the plot is situated.

      2.  The administrator, for the purpose of ascertaining the assets, conditions and affairs of a cemetery for pets, may examine the books, records, documents and assets of a cemetery for pets operating, or being organized to operate as such a cemetery, in this state and may make any other investigations as may be necessary to determine that the cemetery is complying fully with the provisions of sections 16 to 23, inclusive, of this act.

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to any examination conducted under this section. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “cemetery authority” or the person being examined.


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ê1993 Statutes of Nevada, Page 2754 (Chapter 647, SB 482)ê

 

must be replaced by a reference to “cemetery authority” or the person being examined.

      Sec. 21.  Any person violating any of the provisions of sections 16 to 20, inclusive, of this act is personally liable for the violation and is guilty of a misdemeanor.

      Sec. 22.  1.  Each trust fund for the endowment care of a cemetery for pets must contain a principal sum of not less than $25,000.

      2.  When the trust fund has not less than $75,000 on deposit, the initial $25,000 may be withdrawn.

      3.  The trust fund once having reached $50,000 may not be decreased below that amount.

      Sec. 23.  1.  Each cemetery for pets shall post in a conspicuous place in each office where sales are conducted and at or near the entrance of the cemetery or its administration building if readily accessible to the public, a legible sign containing the following information in the order and manner set forth below:

      (a) A heading with the words “Endowment care” appearing in a minimum of 48-point black type.

      (b) A statement that the cemetery is endowment care interment property.

      2.  The president and secretary of the cemetery or two officers authorized by the cemetery authority shall annually inspect each sign to ensure compliance with this section.

      Sec. 24. NRS 452.001 is hereby amended to read as follows:

      452.001  The provisions of [this chapter, except] NRS 452.001 to 452.610, inclusive:

      1.  Except NRS 452.002, 452.030, 452.290 and 452.300, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.

      2.  Do not apply to cemeteries containing the remains of pets only.

      Sec. 25. NRS 452.003 is hereby amended to read as follows:

      452.003  As used in [this chapter] NRS 452.001 to 452.610, inclusive, the words and terms defined in NRS 452.004 to 452.019, inclusive, have the meanings ascribed to them in those sections.

      Sec. 26.  NRS 452.380 is hereby amended to read as follows:

      452.380  The administrator shall promptly deposit with the state treasurer, for credit to the department of insurance’s regulatory account created by NRS 689.710, all fees and charges collected by him pursuant to NRS 452.310 and 452.590. Expenses incurred in carrying out the provisions of [this chapter] NRS 452.001 to 452.610, inclusive, must be paid from the account as other claims against the state are paid.

      Sec. 27.  NRS 452.400 is hereby amended to read as follows:

      452.400  The administrator may [make, promulgate.] adopt, amend or rescind such [rules and] regulations as may be necessary to carry out the purposes and provisions of [this chapter.] NRS 452.001 to 452.610, inclusive.

      Sec. 28.  NRS 452.610 is hereby amended to read as follows:

      452.610  In addition to any other penalty provided for in [this chapter,] NRS 452.001 to 452.610, inclusive, any person who violates any provision of [this chapter or any rule or regulation promulgated pursuant to this chapter,] NRS 452.001 to 452.610, inclusive, or any regulation adopted pursuant to those sections, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.


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ê1993 Statutes of Nevada, Page 2755 (Chapter 647, SB 482)ê

 

NRS 452.001 to 452.610, inclusive, or any regulation adopted pursuant to those sections, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.

      Sec. 29.  NRS 642.550 is hereby amended to read as follows:

      642.550  This chapter does not apply:

      1.  To persons engaged as layers-out or to those who shroud the dead.

      2.  To the employees of any cemetery whose duty or business extends no further.

      3.  To officials or employees of any state institution.

      4.  To a person who inters the human remains of a native Indian pursuant to NRS 383.150 to 383.190, inclusive.

      5.  To persons who provide services regarding funerals for or the burial of pets only.

 

________

 

 

CHAPTER 648, SB 477

Senate Bill No. 477–Committee on Judiciary

CHAPTER 648

AN ACT relating to retail installment sales; changing the designation and permissible components of the amount charged for deferring payment; making various changes relating to the payment of an account of a holder of a credit card; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 97 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Card issuer” means any business organization or financial institution which issues a credit card to a person and extends credit to that person.

      Sec. 3.  “Interest,” however denominated or expressed, including expression as a time price differential, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time, and includes annual membership fees for credit cards, charges for delinquency or for returned checks, fees for obligations incurred over the limit of credit allowed, all charges incident to investigating and making a retail installment contract or charge agreement, and any other fees or charges to which the parties may agree. It does not include insurance premiums, attorney’s fees, court costs, or official or filing fees.

      Sec. 4.  1.  A card issuer or service provider shall be deemed to be a payee with respect to any payment made on an account of a cardholder by a check or other negotiable instrument.

      2.  Upon the posting of a payment to an account of a cardholder, a card issuer is deemed to have changed its position in reliance thereof if the payment was made by a check or other negotiable instrument.

      3.  Any payment to an account of a cardholder which a card issuer receives shall be deemed to have been received in good faith if the card issuer did not have actual knowledge that the check or other negotiable instrument was forged, altered or unauthorized when it was posted to that account.


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ê1993 Statutes of Nevada, Page 2756 (Chapter 648, SB 477)ê

 

have actual knowledge that the check or other negotiable instrument was forged, altered or unauthorized when it was posted to that account.

      4.  Any action or proceeding brought to determine liability for an alleged forged, altered or unauthorized check or other negotiable instrument used to make payment on an account of a cardholder must be determined pursuant to the provisions of chapter 104 of NRS.

      5.  As used in this section, “service provider” means any business organization or financial institution hired by a card issuer to provide services to the card issuer’s customers, including the processing of payments and statements and the issuance of credit cards.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6.  NRS 97.015 is hereby amended to read as follows:

      97.015  As used in this chapter, the following terms have the meanings attributed to them in NRS 97.023 to [97.155,] 97.145, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires.

      Sec. 7.  NRS 97.075 is hereby amended to read as follows:

      97.075  “Rate” means the percentage which, when multiplied times the unpaid balance for each month or other installment period, yields the amount of the [time price differential for such] interest for that month or period.

      Sec. 8.  NRS 97.095 is hereby amended to read as follows:

      97.095  “Retail charge agreement,” “revolving charge agreement” or “charge agreement” means an agreement entered into or performed in this state prescribing the terms of retail installment transactions which may be made thereunder from time to time by use of a credit card issued by the seller, by a business organization or [by a] financial institution , or otherwise and under the terms of which [a time price differential] interest is to be computed in relation to the buyer’s unpaid balance from time to time.

      Sec. 9.  NRS 97.115 is hereby amended to read as follows:

      97.115  “Retail installment transaction” means [any] a transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement [, as defined in this chapter,] which provides for [a time price differential] interest and under which the buyer agrees to pay the time balance in one or more installments.

      Sec. 10.  NRS 97.145 is hereby amended to read as follows:

      97.145  “Time balance” means the initial balance plus [the time price differential.] interest.

      Sec. 11.  NRS 97.185 is hereby amended to read as follows:

      97.185  1.  [The] A retail installment contract [shall] must contain the names of the seller and the buyer, the place of business of the seller, the residence or other address of the buyer as specified by the buyer and a description or identification of the goods sold or to be sold, or services furnished or rendered or to be furnished or rendered. The contract also [shall] must contain the following items, which [shall] must be set forth substantially in the sequence appearing below:

      (a) The cash sale price of each item of goods or services.

      (b) The amount of the buyer’s down payment, identifying the amounts paid in money and allowed for goods traded in.

      (c) The difference between paragraphs (a) and (b).


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ê1993 Statutes of Nevada, Page 2757 (Chapter 648, SB 477)ê

 

      (d) The aggregate amount, if any, included for insurance, specifying the type or types of insurance and the terms of coverage.

      (e) The aggregate amount of official fees.

      (f) The initial balance, which is the sum of paragraphs (c), (d) and (e).

      (g) The amount of [the time price differential.] interest.

      (h) The amount of the time balance owed by the buyer to the seller, which is the sum of paragraphs (f) and (g).

      (i) The number of installments required to pay the time balance, the amount of each installment, and the date for payment of the installments. If the final payment substantially exceeds the other scheduled installments, it [shall] must be set forth separately.

      2.  Additional items may be included in the contract to explain the calculations involved in determining the amount to be paid by the buyer.

      Sec. 12.  NRS 97.195 is hereby amended to read as follows:

      97.195  The amount of [the time price differential] interest in any retail installment contract may be any amount agreed upon by the parties. Such a contract may provide for:

      1.  A [delinquency] charge for delinquency on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $2, whichever is greater, but not more than $15.

      2.  Reasonable [collection] costs of collection and attorney’s fee in the event of delinquency.

      3.  The imposition of any other fee, expense or charge to which the parties may agree.

      Sec. 13.  NRS 97.225 is hereby amended to read as follows:

      97.225  1.  Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the buyer have not been terminated or forfeited under the terms of the contract, the buyer may prepay in full the unpaid time balance thereof at any time before its final due date and, if he does so, and if the contract is not in default under any term or condition of the contract more than 2 months, he is entitled to a refund of the unearned portion of the [time price differential] interest for the prepayment. The amount of the refund must be computed by applying the agreed rate of [the time price differential] interest to the unpaid time balance. Any greater amount of [the time price differential] interest which may have been precomputed and included in the balance due must be refunded.

      2.  This section does not preclude the imposition of any penalty for prepayment to which the parties may agree when the contract is executed.

      Sec. 14.  NRS 97.235 is hereby amended to read as follows:

      97.235  1.  [In the event subsequent] If retail installment purchases are made by a buyer from a seller, [such] the subsequent retail installment purchases may, by agreement of the parties, be consolidated with a prior retail installment contract. The [time price differential for such] interest for the consolidated contract [shall] must not, however, exceed the aggregate of the [time price differential] interest for:

      (a) The original contract and any extension thereof by virtue of [such] the consolidation; and

      (b) The subsequent installment purchase or purchases.


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ê1993 Statutes of Nevada, Page 2758 (Chapter 648, SB 477)ê

 

      2.  In the event of such a consolidation, in lieu of the buyer’s executing a retail installment contract respecting each subsequent purchase, it [shall be] is sufficient if the seller prepares a written memorandum of each [such] subsequent purchase, in which case the provisions of NRS 97.165, 97.175 and 97.185 [shall not be applicable.] do not apply. Unless previously furnished in writing to the buyer by the seller, by sales slip, memorandum or otherwise, [such memorandum shall] the memorandum must set forth with respect to each subsequent purchase the items set forth in paragraphs (a) to (f), inclusive, of subsection 1 of NRS 97.185, and in addition:

      (a) The unpaid balance of the previous contract or contracts;

      (b) The consolidated unpaid balance;

      (c) The amount of [the time price differential;] interest;

      (d) The consolidated time balance; and

      (e) The revised installments applicable to the consolidated time balance, if any, in accordance with NRS 97.185.

The seller shall deliver to the buyer a copy of [such memorandum prior to] the memorandum before the due date of the first installment of [such] the consolidated contract.

      3.  When a subsequent purchase is made, the entire amount of all payments made previous thereto [shall] must be applied toward the payment of the previous time sale price or time sale prices. Each payment thereafter received [shall] must be allocated to all of the various time sale prices in the same ratio as the original cash sale prices of the various purchases bear to one another. However, the amount of any initial or down payment on the subsequent purchase [shall] must be allocated in its entirety to [such] that purchase.

      4.  A retail installment contract may be contained in more than one document, if one such document is an original document signed by the retail buyer, stated to be applicable to purchases of goods or services to be made by the retail buyer from time to time. In [such case such] that case the document, together with the sales slip, account book or other written statement relating to each purchase [shall] must set forth all of the information required by NRS 97.185 and [shall constitute] constitutes the retail installment contract for each purchase. On each succeeding purchase pursuant to [such] the original document, the sales slip, account book or other written statement may at the option of the seller constitute the memorandum required by this section.

      Sec. 15.  NRS 97.245 is hereby amended to read as follows:

      97.245  1.  The amount of [the time price differential] interest in any retail charge agreement may be any amount, and the agreement may provide for the imposition of any fee, expense or charge, agreed upon by the parties.

      2.  At or before the time a retail charge agreement is made the seller shall advise the buyer in writing, on the application form or otherwise, or orally, that [a time price differential] interest will be computed on the outstanding balance for each month (which need not be a calendar month) or other regular period agreed upon, the schedule or rate by which the [time price differential] interest will be computed, and that the buyer may at any time pay his total unpaid balance. If [such] the information is given orally, the seller shall, upon approval of the buyer’s credit, deliver to the buyer or mail to him at his address a memorandum setting forth [such] the information.


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ê1993 Statutes of Nevada, Page 2759 (Chapter 648, SB 477)ê

 

      3.  The seller or holder of a retail charge agreement shall promptly supply the buyer with a statement as of the end of each monthly period , [(] which need not be a calendar month , [)] or other regular period agreed upon, in which there is any unpaid balance thereunder. The statement must set forth the following:

      (a) The unpaid balance under the retail charge agreement at the beginning and end of the period;

      (b) Unless otherwise furnished by the seller to the buyer by sales slip, memorandum or otherwise, a description or identification of the goods or services purchased during the period, the cash sale price and the date of each purchase;

      (c) The payments made by the buyer to the seller and any other credits to the buyer during the period;

      (d) The amount, if any, of any [time price differential,] interest, fee, expense or charge for the period; and

      (e) A legend to the effect that the buyer may at any time pay his total unpaid balance.

      Sec. 16.  NRS 97.265 is hereby amended to read as follows:

      97.265  If the cost of any insurance is included in the retail installment contract or retail charge agreement:

      1.  The contract or agreement [shall] must state the nature, purpose, term and amount of [such] the insurance, and in connection with the sale of a motor vehicle, the contract [shall] must state that the insurance coverage ordered under the terms of this contract does not include “bodily injury liability,” “public liability,” and “property damage liability” coverage, where such coverage is in fact not included.

      2.  The contract or agreement [shall] must state whether the insurance is to be procured by the buyer or the seller.

      3.  The amount included for such insurance [shall] must not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer, except where the amount is less than $1.

      4.  If the insurance is to be procured by the seller or holder, he shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at his address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured.

      5.  If any goods included in the down payment are insured, and the insurance policy or rights thereunder are assigned to the seller, the amount realized on [such assignment shall] the assignment must be refunded to the buyer or credited on the next payment due under the contract or agreement.

      6.  If the contract or agreement requires the buyer to procure and furnish insurance acceptable to the seller and the buyer fails so to provide or such insurance as procured by the buyer is canceled or expires, the seller may procure [such] the insurance in such form as the seller may deem necessary, and the cost thereof together with [a time price differential] interest may be added to the unpaid time balance.


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ê1993 Statutes of Nevada, Page 2760 (Chapter 648, SB 477)ê

 

      Sec. 17.  NRS 97.285 is hereby amended to read as follows:

      97.285  The limitation imposed upon [time price differentials] interest by this chapter is exclusive, and the provisions of any other law limiting rates of interest do not apply to contracts or agreements governing by this chapter.

      Sec. 18.  NRS 97.299 is hereby amended to read as follows:

      97.299  1.  The commissioner of financial institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles [when:] if:

      (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;

      (b) The application for credit is made to or through the seller of the vehicle;

      (c) The seller is a dealer; and

      (d) The sale is not a commercial transaction.

      2.  The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and [processed] acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:

      (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.

      (b) In specifying the amount of the buyer’s down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacture’s rebate applied to the down payment.

      (c) Contain a description of any property given in trade as part of the down payment.

      (d) Contain a description of the method for calculating the unearned portion of the [time price differential] interest upon prepayment in full of the unpaid time balance as prescribed in NRS 97.225.

      (e) Include the following notice in at least 10-point bold type:

 

NOTICE TO BUYER

       Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the [time price differential.] interest. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

 

      3.  If a change in state or federal law requires the commissioner to amend the forms prescribed pursuant to subsection 1, the commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

      4.  As used in this section:

      (a) “Commercial transaction” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.


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ê1993 Statutes of Nevada, Page 2761 (Chapter 648, SB 477)ê

 

      (b) “Dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 19.  NRS 97.305 is hereby amended to read as follows:

      97.305  [Any] A seller who enters into [any] a contract or agreement which does not comply with the provisions of this chapter or who violates any provision of this chapter, and [any other] a lender who violates NRS 97.301, except as a result of an accidental or bona fide error is barred from the recovery of any [time price differential,] interest, official fees, or any charge for delinquency or collection [charge] under or in connection with the related retail installment contract or [purchased] purchase under a retail charge agreement; but the seller or [other] lender may nevertheless recover from the buyer an amount equal to the cash price of the goods or services and the cost to the seller or [other] lender of any insurance included in the transaction.

      Sec. 20.  NRS 97.155 is hereby repealed.

 

________

 

 

CHAPTER 649, SB 462

Senate Bill No. 462–Committee on Judiciary

CHAPTER 649

AN ACT relating to statutes; making various technical amendments to provisions of Nevada Revised Statutes; making various corrections to inappropriate or inaccurate statutory terms; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 47.250 is hereby amended to read as follows:

      47.250  All other presumptions are disputable. The following are of that kind:

      1.  That an unlawful act was done with an unlawful intent.

      2.  That a person intends the ordinary consequences of his voluntary act.

      3.  That evidence willfully suppressed would be adverse if produced.

      4.  That higher evidence would be adverse from inferior being produced.

      5.  That money paid by one to another was due to the latter.

      6.  That a thing delivered by one to another belonged to the latter.

      7.  That things which a person possesses are owned by him.

      8.  That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.

      9.  That official duty has been regularly performed.

      10.  That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction.

      11.  That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.

      12.  That a writing is truly dated.

      13.  That a letter duly directed and mailed was received in the regular course of the mail.


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ê1993 Statutes of Nevada, Page 2762 (Chapter 649, SB 462)ê

 

      14.  That a person not heard from in [7] 3 years is dead.

      15.  That a child born in lawful wedlock is legitimate.

      16.  That the law has been obeyed.

      17.  That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.

      18.  In situations not governed by the Uniform Commercial Code:

      (a) That an obligation delivered to the debtor has been paid.

      (b) That private transactions have been fair and regular.

      (c) That the ordinary course of business has been followed.

      (d) That there was good and sufficient consideration for a written contract.

      Sec. 3.  NRS 78.075 is hereby amended to read as follows:

      78.075  In furtherance of and in addition to the powers which railroad companies organized under this chapter are entitled to exercise, but not in limitation of any of the powers granted by this chapter, every railroad company [shall have the power:

      1.  To cause] may:

      1.  Cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and for such purposes, by their officers, agents and employees, to enter upon the lands or waters of any persons, but subject to responsibility for all damages which they [shall] do thereto.

      2.  [To receive,] Receive, hold, take and convey, by deed or otherwise, [the same] as a natural person might or could do, such voluntary grants and donations of real estate, and other property of every description, as [shall] may be made to it to aid and encourage the construction, maintenance and accommodation of [such] the railroad.

      3.  [To purchase,] Purchase, and by voluntary grants and donations receive and take, and by its officers, engineers, surveyors and agents, enter upon and take possession of, and hold and use, in any manner they may deem proper, all such lands and real estate, and other property as the directors may deem necessary and proper for the construction and maintenance of [such] the railroad, and for the stations, depots and other accommodations and purposes, deemed necessary to accomplish the object for which the corporation is formed.

      4.  [To lay] Lay out its road or roads, not exceeding 200 feet wide, and [to] construct and maintain the [same,] road with such tracks and with such appendages as may be deemed necessary for the convenient use of [the same, and for the purposes of making] it. The company may make embankments, excavations, ditches, drains, culverts or otherwise, and [procuring] procure timber, stone and gravel, or other materials, and may take as much more land, whenever they may think proper, as may be necessary for the purposes aforesaid, in the manner hereinafter provided, for the proper construction and security of the road.

      5.  [To construct] Construct their road across, along or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue or highway, or across any railway, canal, ditch or flume which the route of its road [shall intersect, cross or run] intersects, crosses or runs along, in such manner as to afford security for life and property .


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ê1993 Statutes of Nevada, Page 2763 (Chapter 649, SB 462)ê

 

manner as to afford security for life and property . [; but the] The corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch or flume thus intersected to its former state, as near as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness or injured its franchises.

      6.  [To cross,] Cross, intersect, join and unite its railroad with any other railroad, either before or after constructed, at any point upon its route, and upon the grounds of such other railroad company, with the necessary turnouts, sidings and switches, and other conveniences, in furtherance of the objects of its connections; and every company whose railroad is, or [shall] will be hereafter, intersected by any new railroad in forming such intersections and connection, and grant the facilities aforesaid . [; and if] If the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same [shall] must be ascertained and determined by commissioners, to be appointed as is provided hereinafter in respect to the taking of lands, but this section is not to affect the rights and franchises heretofore granted.

      7.  [To purchase] Purchase lands, timber, stone, gravel or other materials to be used in the construction and maintenance of its road, or take them in the manner provided by this chapter . [;] The railroad company may change the line of its road, in whole or in part, whenever a majority of the directors [shall] determine, as is provided hereinafter, but no such change [shall] may vary the general route of [such] a road, as contemplated in the articles of incorporation of [such] the company.

      8.  [To receive] Receive by purchase, donation or otherwise, any lands, or other property, of any description, and [to] hold and convey [the same] it in any manner the directors may think proper, the same as natural persons might or could do, that may be necessary for the construction and maintenance of its road, or for the erection of depots, turnouts, workshops, warehouses or for any other purposes necessary for the convenience of [such] railroad companies, in order to transact the business usual for [such] railroad companies.

      9.  [To take,] Take, transport, carry and convey persons and property on their railroad, by the force and power of steam, of animals, or any mechanical power, or by any combinations of them, and receive tolls or compensation therefor.

      10.  [To erect] Erect and maintain all necessary and convenient buildings, stations, depots and fixtures and machinery for the accommodation and use of their passengers, freight and business, [and to] obtain and hold the lands and other property necessary therefor [; and also to] , and acquire additional lands and rights of way and [to] build and operate extensions or branches of its line of railroad.

      11.  [To regulate] Regulate the time and manner in which passengers and property [shall be] are transported, and the tolls and compensation to be paid therefor, within the limits prescribed by law.

      12.  [To regulate] Regulate the force and speed of their locomotives, cars, trains or other machinery used and employed on their road, and [to] establish, execute and enforce all needful and proper rules and regulations fully and completely for the management of its business transactions usual and proper for railroad companies.


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ê1993 Statutes of Nevada, Page 2764 (Chapter 649, SB 462)ê

 

and completely for the management of its business transactions usual and proper for railroad companies.

      13.  [To purchase,] Purchase, hold, sell and transfer shares of its own [capital] stock, bonds, debentures, or other securities issued by it [; provided:

      (a) That no corporation shall] , except that:

      (a) No corporation may use its funds or property for the purchase of its own shares of [capital] stock when such use would cause any impairment of the capital of the corporation; and

      (b) [That shares] Shares of its own stock belonging to the corporation [shall] must not be voted upon, directly or indirectly, nor counted as outstanding for the purpose of any stockholders’ quorum or vote.

      14.  [To acquire,] Acquire, own, and operate motor vehicles, and air transportation facilities, and [to] transport persons and property along and over the streets and highways of this state, for the transportation, for hire, of passengers, property and freight, either directly or through a subsidiary company or companies, subject to all relevant provisions of law concerning permits, licenses, franchises and the regulation of such form of transportation by motor vehicles or other agencies.

      [15.] Whenever the track of [such railroad shall cross] a railroad crosses a railroad or highway, such railroad or highway may be carried under, over or on a level with the track, as may be most expedient, and in cases where an embankment or cutting [shall make] makes a change in the line of such railroad or highway desirable, with a view to a more easy ascent or descent, the company may take such additional lands and materials, if needed for the construction of such road or highway, on such new line, as may be deemed requisite by the railroad . [; unless] Unless the lands and materials so taken [shall be] are purchased, or voluntarily given for the purpose aforesaid, compensation therefor [shall] must be ascertained in the manner provided by law.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 78.280 is hereby amended to read as follows:

      78.280  1.  Every corporation in this state [shall have the power,] may, whenever at any assessment sale of the stock of the corporation no person will take the stock and pay the assessment, or amount unpaid and due thereon and costs, [to] purchase such stock and hold the [same] stock for the benefit of the corporation.

      2.  All purchases of its own stock by any corporation in this state which have been previously made at assessment sales whereat outside persons have failed to bid, and which purchases were for the amount of assessments due, and costs or otherwise, [shall be held] are valid, and [as vesting] vest the legal title to the [same] stock in the corporation.

      3.  The stock so purchased [shall be held] is subject to the control of the remaining stockholders, who may [make such disposition] dispose of the [same] stock as they may deem fit.

      4.  Whenever any portion of the [capital] stock of any corporation is held by the corporation by purchase or otherwise, a majority of the remaining shares of stock in the corporation [shall be held to be] is a majority of the shares of the stock in the incorporated company, for all purposes of election or voting on any question before a stockholders’ meeting.


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ê1993 Statutes of Nevada, Page 2765 (Chapter 649, SB 462)ê

 

shares of the stock in the incorporated company, for all purposes of election or voting on any question before a stockholders’ meeting.

      Sec. 6.  NRS 78.622 is hereby amended to read as follows:

      78.622  1.  If a corporation is under reorganization in a federal court pursuant to Title 11 of U.S.C., it may take any action necessary to carry out any proceeding and do any act directed by the court relating to reorganization, without further action by its directors or stockholders. This authority may be exercised by:

      (a) The trustee in bankruptcy appointed by the court;

      (b) Officers of the corporation designated by the court; or

      (c) Any other representative appointed by the court,

with the same effect as if exercised by the directors and stockholders of the corporation.

      2.  By filing a certified copy of the confirmed plan of reorganization with the secretary of state, the corporation may:

      (a) Alter, amend or repeal its bylaws;

      (b) Constitute or reconstitute and classify or reclassify its board of directors;

      (c) Name, constitute or appoint directors and officers in place of or in addition to all or some of the directors or officers then in office;

      (d) Amend its articles of incorporation;

      (e) Make any change in its authorized and issued [capital] stock;

      (f) Make any other amendment, change, alteration or provision authorized by this chapter; and

      (g) Be dissolved, transfer all or part of its assets or merge or consolidate or make any other change authorized by this chapter.

      3.  In any action taken pursuant to subsections 1 and 2, a stockholder has no right to demand payment for his stock.

      4.  Any amendment of the articles of incorporation made pursuant to subsection 2 must be signed under penalty of perjury by the person authorized by the court and filed with the secretary of state. If the amendment is filed in accordance with the order of reorganization, it becomes effective when it is filed unless otherwise ordered by the court.

      5.  Any filing with the secretary of state pursuant to this section must be accompanied by the appropriate fee, if any.

      Sec. 7.  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 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 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, proofs and allegations which may be offered in behalf of the parties.


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ê1993 Statutes of Nevada, Page 2766 (Chapter 649, SB 462)ê

 

proceed in a summary way to hear the affidavits, proofs and allegations which may be offered in behalf of the parties.

      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, lands, tenements or effects, except to a receiver appointed by the court, until the court [shall otherwise order,] otherwise orders.

      Sec. 8.  NRS 78.650 is hereby amended to read as follows:

      78.650  1.  Any holder or holders of one-tenth of the issued and outstanding [capital] stock may apply to the district court, held in the district where the corporation has its principal place of business, for an order dissolving the corporation and appointing a receiver to wind up its affairs, and by injunction restrain the corporation from exercising any of its powers or doing business whatsoever, except by and through a receiver appointed by the court, whenever:

      (a) The corporation has willfully violated its charter;

      (b) Its trustees or directors have been guilty of fraud or collusion or gross mismanagement in the conduct or control of its affairs;

      (c) Its trustees or directors have been guilty of misfeasance, malfeasance or nonfeasance;

      (d) The corporation [shall be] is unable to conduct the business or conserve its assets by reason of the act, neglect or refusal to function of any of the directors or trustees;

      (e) The assets of the corporation are in danger of waste, sacrifice or loss through attachment, foreclosure, litigation or otherwise;

      (f) The corporation has abandoned its business;

      (g) The corporation has not proceeded diligently to wind up its affairs, or to distribute its assets in a reasonable time;

      (h) The corporation has become insolvent;

      (i) The corporation, although not insolvent, is for any cause not able to pay its debts or other obligations as they mature; or

      (j) The corporation is not about to resume its business with safety to the public.

      2.  The application may be for the appointment of a receiver, without at the same time applying for the dissolution of the corporation, and notwithstanding the absence, if any there be, of any action or other proceeding in the premises pending in such court.

      3.  In any such application for a receivership, it [shall be] is sufficient for a temporary appointment if notice of the same [be] is given to the corporation alone, by process as in the case of an application for a temporary restraining order or injunction, and the hearing thereon may be had after 5 days’ notice unless the court [shall direct] directs a longer or different notice and different parties.


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      4.  The court may, if good cause exists therefor, appoint one or more receivers for such purpose, but in all cases directors or trustees who have been guilty of no negligence nor active breach of duty [shall have the right to] must be preferred in making the appointment . [, and the] The court may at any time for sufficient cause make a decree terminating the receivership, or dissolving the corporation and terminating its existence, or both, as may be proper.

      5.  Receivers so appointed [shall] have, among the usual powers, all the functions, powers, tenure and duties to be exercised under the direction of the court as are conferred on receivers and as provided in NRS 78.635, 78.640 and 78.645, whether the corporation [shall be] is insolvent or not.

      Sec. 9.  NRS 90.520 is hereby amended to read as follows:

      90.520  1.  As used in this section:

      (a) “Guaranteed” means guaranteed as to payment of all or substantially all of principal and interest or dividends.

      (b) “Insured” means insured as to payment of all or substantially all of principal and interest or dividends.

      2.  Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:

      (a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:

             (1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration under paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;

             (2) Security is issued by this state or an agency, instrumentality or political subdivision of this state; or

             (3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody’s Investor Service, Inc., or Standard and Poor’s Corporation.

      (b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.


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security is recognized as a valid obligation by the issuer, insurer or guarantor.

      (c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, [the Federal Savings and Loan Insurance Corporation,] the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.

      (d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state.

      (e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:

             (1) Subject to the jurisdiction of the Interstate Commerce Commission;

             (2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;

             (3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or

             (4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.

      (f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section.

      (g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange or other exchange designated by the administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.

      (h) A security designated or approved for designation upon issuance or notice of issuance for inclusion in the national market system by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.

      (i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option is:

             (1) Registered under NRS 90.470, 90.480 or 90.490;

             (2) Exempt under this section; or

             (3) Not otherwise required to be registered under this chapter.

      (j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.


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the security the issuer has filed with the administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the administrator by order does not disallow the exemption within the next 5 full business days.

      (k) A promissory note, draft, bill of exchange or banker’s acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.

      (l) A security issued in connection with an employees’ stock purchase, savings, option, profit-sharing, pension or similar employees’ benefit plan.

      (m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the public.

      (n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:

             (1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Adviser Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or

             (2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt under this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.

      3.  For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.

      4.  The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this state and pays a fee of:

      (a) Two hundred and fifty dollars for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this state, in the case of an open-end management company; or

      (b) One hundred and fifty dollars for the initial claim of exemption in the case of a unit investment trust.


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ê1993 Statutes of Nevada, Page 2770 (Chapter 649, SB 462)ê

 

      5.  An exemption provided by paragraph (c), (e) to (i), inclusive, or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the administrator and a nonrefundable fee of $150 has been paid.

      Sec. 10.  NRS 116.4113 is hereby amended to read as follows:

      116.4113  1.  Express warranties made by any seller to a purchaser of a unit, if relied upon by the purchaser, are created as follows:

      (a) Any affirmation of fact or promise that relates to the unit, its use or rights appurtenant thereto, improvements to the common-interest community that would directly benefit the unit or the right to use or have the benefit of facilities not located in the common-interest community creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;

      (b) Any model or description of the physical characteristics of the common-interest community, including plans and specifications of or for improvements, creates an express warranty that the common-interest community will reasonably conform to the model or description;

      (c) Any description of the quantity or extent of the real estate comprising the common-interest community, including plats or surveys, creates an express warranty that the common-interest community will conform to the description, subject to customary tolerances; and

      (d) A provision that a purchaser may put a unit only to a specified use is an express warranty that the specified use is lawful.

      2.  Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty is necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.

      3.  Any conveyance of a unit transfers to the purchaser all express warranties of quality made by previous sellers.

      4.  A warranty created by this section may be excluded or modified [in the manner set forth in NRS 116.4115.] by agreement of the parties.

      Sec. 10.5.  NRS 118B.190 is hereby amended to read as follows:

      118B.190  1.  An oral or written agreement between a landlord and tenant for the rental or lease of a mobile home lot in a mobile home park in this state, or for the rental or lease of a lot for a recreational vehicle in an area of a mobile home park in this state other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215, must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118B.200.

      (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

      (c) [Ninety] One hundred and eighty days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118B.180.

      (d) Forty-five days in advance if the termination is for any other reason.

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined.


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with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118B.200 and reference alone to a provision of that section does not constitute sufficient specificity under this subsection.

      3.  The service of such a notice does not enhance the landlord’s right, if any, to enter the tenant’s mobile home. Except in an emergency, the landlord shall not enter the mobile home of the tenant served with such a notice without the tenant’s permission or a court order allowing the entry.

      4.  If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week to week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month to month. The tenant’s continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

      5.  The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.

      Sec. 11.  NRS 159.117 is hereby amended to read as follows:

      159.117  1.  Upon approval of the court by order, a guardian of the estate may:

      (a) Invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.

      (b) Exercise options of the ward to purchase or exchange securities or other property.

      2.  A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:

      (a) Savings accounts in any bank or savings and loan association in this state, to the extent that such deposits are insured by the Federal Deposit Insurance Corporation . [or the Federal Savings and Loan Insurance Corporation.]

      (b) Interest-bearing obligations of or fully guaranteed by the United States.

      (c) Interest-bearing obligations of the United States Postal Service.

      (d) Interest-bearing obligations of the Federal National Mortgage Association.

      (e) Interest-bearing general obligations of this state.

      (f) Interest-bearing general obligations of any county, city or school district of this state.

      3.  A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.

      Sec. 12.  NRS 171.1225 is hereby amended to read as follows:

      171.1225  1.  When investigating an act of domestic violence, a peace officer shall:

      (a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.


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ê1993 Statutes of Nevada, Page 2772 (Chapter 649, SB 462)ê

 

prevent further abuse, including advising each person of the availability of a shelter or other services in the community.

      (b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:

             (1) My name is officer ……………………. (naming the investigating officer). Nevada law requires me to inform you of the following information.

             (2) If I have probable cause to believe that [an act of domestic violence] a battery has been committed against you or your minor child in the last 4 hours by your spouse, your former spouse, a person to whom you are related by blood, a person with whom you are or were actually residing or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest [immediately] the person suspected of committing the act.

             (3) If I am unable to arrest the person suspected of committing the [act of domestic violence against you,] battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the [act of domestic violence against you] battery may be placed on probation, ordered to see a counselor, put in jail or fined.

             (4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.

             (5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:

             (I) Stop threatening, harassing or injuring you or your children;

             (II) Move out of your residence;

             (III) Stay away from your place of employment;

             (IV) Stay away from the school attended by your children;

             (V) Stay away from any place you or your children regularly go; and

             (VI) Avoid or limit all communication with you or your children.

             (6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:

             (I) The rent or mortgage due on the place in which you live;

             (II) The amount of money necessary for the support of your children; and

             (III) Part or all of the costs incurred by you in obtaining the order for protection.

             (7) To get an order for protection, go to room number ……. (state the room number of the office at the court) at the court, which is located at ……………………. (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.

             (8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested.

             (9) At times when the courts are closed, you may obtain emergency assistance or shelter by contacting your local program against domestic violence at ……………………. (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at …………………….


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ê1993 Statutes of Nevada, Page 2773 (Chapter 649, SB 462)ê

 

local program) or you may call, without charge to you, the statewide program against domestic violence at ……………………. (state toll-free telephone number of statewide program).

      2.  As used in this section, “act of domestic violence” means any of the following acts committed by a person against another to whom he is related by blood or marriage, with whom he is or was actually residing or with whom he has a child in common, or upon his minor child or a minor child of that person:

      (a) A battery.

      (b) An assault.

      (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.

      (d) A sexual assault.

      (e) A knowing, purposeful or reckless course of conduct to harass the other.

      (f) False imprisonment.

      (g) Unlawful entry of the other’s residence, or forcible entry against the other’s will if there is a reasonable foreseeable risk of harm to the other from the entry.

      3.  The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.

      Sec. 13.  NRS 178.455 is hereby amended to read as follows:

      178.455  1.  The judge, upon receiving the written notice of the administrator of the mental hygiene and mental retardation division that the defendant is of sufficient mentality to be placed upon trial or receive pronouncement of judgment, or that he is not of sufficient mentality and there is no substantial probability that he will attain competency to stand trial or received pronouncement of judgment in the foreseeable future, shall, [unless the defendant is charged with a misdemeanor,] except as otherwise provided in subsection 4, within a period of not to exceed 20 days, impanel a sanity commission composed of three persons, each of whom is a psychiatrist or psychologist, but not including members of the medical staff of the mental hygiene and mental retardation division, who in the opinion of the judge are qualified to examine the person with respect to his mental condition.

      2.  The sanity commission shall, within 20 days, examine the person designated by the judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the judge its reports in writing, which must be signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:

      (a) Whether the person is of sufficient mentality to understand the nature of the offense charged;

      (b) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced; and


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ê1993 Statutes of Nevada, Page 2774 (Chapter 649, SB 462)ê

 

      (c) If the person is not of sufficient mentality pursuant to paragraphs (a) and (b) to be placed upon trial or receive pronouncement of judgment, whether there is a substantial probability that he will attain competency in the foreseeable future.

      3.  Members of the sanity commission shall report individually. Copies of the reports must be sent to the administrator of the mental hygiene and mental retardation division to be incorporated in the medical record of the person, to the office of the district attorney, and to the counsel for the outpatient or person committed.

      4.  In the case of a person charged or convicted of a misdemeanor, the judge shall, upon receipt of the notice set forth in NRS 178.450 from the administrator of the mental health and mental retardation division:

      (a) Send a copy of the administrator’s notice to the prosecuting attorney and to the defendant’s counsel;

      (b) Without the assistance of a sanity commission, hold a hearing, if one is requested within 10 days after the notice is sent pursuant to paragraph (a), at which the attorneys may examine the administrator on his determination; and

      (c) Within 10 days after the hearing, if any, or 20 days after the notice is sent if no hearing is requested, enter his finding of competence or incompetence in the manner set forth in subsection 3 of NRS 178.460.

      Sec. 14.  NRS 202.287 is hereby amended to read as follows:

      202.287  1.  Any person, while in a motor vehicle, whether under the influence of liquor, a controlled substance or otherwise, who maliciously or wantonly discharges or causes to be discharged out of the motor vehicle, any pistol, gun or any other kind of firearm:

      (a) If the motor vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

      (b) If the motor vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  The provisions of this section do not apply to:

      (a) A person who lawfully shoots at a game [animal] mammal or game bird pursuant to subsection 2 of NRS 503.010; or

      (b) A peace officer while engaged in the performance of his official duties.

      3.  As used in this section, “motor vehicle” means every vehicle which is self-propelled.

      Sec. 15.  NRS 210.480 is hereby amended to read as follows:

      210.480  1.  The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.

      2.  He [shall be] is the executive and administrative head of the school, subject to administrative supervision by the administrator, and as such shall : [have the following powers and duties:]

      (a) Exercise general supervision of and make and revise rules and regulations for the government of the school.

      (b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.


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ê1993 Statutes of Nevada, Page 2775 (Chapter 649, SB 462)ê

 

      (c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.

      (d) Make quarterly reports to the administrator, and supply the administrator with material on which to base proposed legislation.

      (e) Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.

      (f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 210.400 to 210.715, inclusive.

      (g) Submit a biennial report before September 1 of each even-numbered year covering the biennium ending June 30 of such year to the administrator of the condition, operation and functioning of the school, and anticipated needs of the school.

      (h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems . [pertaining to females.]

      (i) Designate a person or persons to classify and assign juveniles to programs in the school. The program assignment shall be made on the following basis:

             (1) As soon as practicable after [an individual] a person is received, and in any case no later than the expiration of the first 30 days, [her file shall] his file must be studied and [she shall] he must be interviewed and a determination made as to the program of education, employment, training, treatment, care and custody appropriate for [her.] him. A record of such program assignment [shall] must be made and [shall] must be a part of [her] his written record file. A staff member [shall] must be designated for each [individual as her] person as his staff counselor.

             (2) The program assignment [shall] must be reviewed at least once every 3 months and the [individual shall] person must be interviewed if it is deemed desirable or if [she] he so requests. After review, such changes in [her] his program of education, employment, training, treatment, care and custody may be made as are considered necessary or desirable and a record thereof made a part of the file. If the [individual] person requests a change in [her] his program and [such] the request is denied, the basis for denial [shall] must be given to [her] him and a written statement thereof [shall] must be made a part of [her] his file.

             (3) The basic objective of the program assignment [shall] must be to change the behavior, attitude and thinking of the [individual] person so that [she] he can once again function freely in [her] his normal environment.

      Sec. 16.  NRS 210.570 is hereby amended to read as follows:

      210.570  1.  The superintendent, subject to the approval of the administrator, may establish an inmates’ commissary or store for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates must be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The [girls training] Caliente youth center commissary fund is hereby created, and must be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent.


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inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money from the fund must be repaid wherever possible.

      3.  The superintendent shall deposit any money received for the fund in a bank or in an insured savings and loan association qualified to receive deposits of public money under the provisions of chapter 356 of NRS, and the deposit must be secured by a depository bond satisfactory to the state board of examiners.

      4.  The superintendent may maintain a small sum as petty cash at the commissary.

      Sec. 17.  NRS 210.580 is hereby amended to read as follows:

      210.580  1.  A court may commit to the school any [female] person between the ages of 12 and 18 years who is found to be delinquent. Before any person is conveyed to the school, the superintendent shall determine whether adequate facilities are available to provide the necessary care to the person. The superintendent shall fix the time at which the person must be delivered to the school. The superintendent shall accept the person unless:

      (a) There are not adequate facilities available to provide the necessary care;

      (b) There is not adequate money available for the support of the school; or

      (c) In the opinion of the superintendent, the person is not suitable for admission to the school.

Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school outside of the State of Nevada which is approved by the board, or to a private institution within the State of Nevada.

      2.  The court may order, when committing a person to the care, custody and control of the school, that the expense of [her] his support and maintenance be paid in whole or in part by [her] his parents, guardian or other person liable for [her] his support and maintenance. Such payments must be paid to the superintendent, who shall immediately deposit the money with the state treasurer for credit to the state general fund.

      3.  The court shall order, before commitment, that the person be given a physical examination, which includes a blood test, test for tuberculosis, urinalysis, and an examination for venereal disease by a physician. The physician shall, within 5 days after the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.

      Sec. 18.  NRS 210.590 is hereby amended to read as follows:

      210.590  All female minor persons committed to the school [shall] must be dealt with, so far as possible, by or in the presence of a female attendant . [, and during periods of transportation shall be in the care and custody of a female attendant.]


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ê1993 Statutes of Nevada, Page 2777 (Chapter 649, SB 462)ê

 

      Sec. 19.  NRS 210.620 is hereby amended to read as follows:

      210.620  1.  If any person committed to the school appears, either at the time of [her] his commitment or after becoming an inmate, to be an improper person to be detained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render [her] his detention detrimental to the interests of the school, the superintendent may return such person to the committing court.

      2.  The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until it is vacated, modified or set aside by order of the court.

      Sec. 20.  NRS 210.670 is hereby amended to read as follows:

      210.670  1.  When an inmate is eligible for parole according to regulations established for that purpose and parole will be to [her] his advantage, the superintendent may grant parole after consultation with the chief of the youth parole bureau.

      2.  The date of an inmate’s release on parole must be set by agreement of the superintendent and the chief but not later than 30 days after the superintendent has given the chief a notice of intent to parole. Upon a parole, the person paroled is under the supervision of the chief.

      3.  Whenever the superintendent determines, after consultation with the chief, that it is in the best interest of an inmate to be permitted a furlough from the school to participate in a program or treatment, the superintendent may grant the furlough for not more than 90 days. While an inmate is temporarily released on such a furlough, [she] he is under the supervision of the chief.

      Sec. 21.  NRS 210.710 is hereby amended to read as follows:

      210.710  Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling [her] him to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by such person to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 22.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in [subsections 2 and 3] this section and NRS 213.1215, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive.

      2.  In determining whether to release a prisoner on parole, the board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner; and

      (d) The standards adopted pursuant to NRS 213.10987 and the recommendation, if any, of the chief parole and probation officer.


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ê1993 Statutes of Nevada, Page 2778 (Chapter 649, SB 462)ê

 

      3.  When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against the term.

      4.  Except as otherwise provided in NRS 213.1215, the board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      Sec. 23.  NRS 218.480 is hereby amended to read as follows:

      218.480  1.  At the end of each session of the legislature, 100 copies of the journals [shall] must be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house [shall] must be bound separately.

      2.  The [director of the legislative counsel bureau] secretary of the senate and the chief clerk of the assembly shall direct the compilation of the journal indices, for their respective houses and shall deliver the completed journal indices to the superintendent.

      3.  The bound volumes [shall] must be delivered to the legislative counsel bureau and constitute the journals of the senate and the assembly.

      4.  Each member of the legislature of which such journals are the record is entitled to one copy of the senate journal and one copy of the assembly journal.

      Sec. 24.  (Deleted by amendment.)

      Sec. 25.  NRS 244.33505 is hereby amended to read as follows:

      244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or

      (c) Is not subject to the provisions of chapter 616 of NRS.

      2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.


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ê1993 Statutes of Nevada, Page 2779 (Chapter 649, SB 462)ê

 

      3.  Each board of county commissioners shall submit to the administrator of the division of industrial insurance regulation of the department of industrial relations monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

      Sec. 26.  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 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 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 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.  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:

      (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. 27.  NRS 268.0955 is hereby amended to read as follows:

      268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

      (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

      (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; or


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ê1993 Statutes of Nevada, Page 2780 (Chapter 649, SB 462)ê

 

      (c) Is not subject to the provisions of chapter 616 of NRS.

      2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

      3.  Each city council or other governing body of an incorporated city shall submit to the administrator of the division of industrial insurance regulation of the department of industrial relations monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

      4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

      Sec. 28.  NRS 278.710 is hereby amended to read as follows:

      278.710  1.  A board of county commissioners 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, 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, 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.  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.  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.


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ê1993 Statutes of Nevada, Page 2781 (Chapter 649, SB 462)ê

 

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.  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 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.  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;

      (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.

      6.  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.  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. 29.  NRS 286.590 is hereby amended to read as follows:

      286.590  The alternatives to an unmodified service retirement allowance are as follows:

      1.  Option 2 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that it continue after his death for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.


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ê1993 Statutes of Nevada, Page 2782 (Chapter 649, SB 462)ê

 

      2.  Option 3 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement should the beneficiary survive him.

      3.  Option 4 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that it continue after his death for the life of his beneficiary, whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employee’s death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.

      4.  Option 5 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of his beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of the election, should his beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60. If a beneficiary designated under this option dies after the date of the retired employee’s death but before attaining age 60, the contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the deceased beneficiary.

      5.  Option 6 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of retirement, should the beneficiary survive him.

      6.  Option 7 consists of a reduced service retirement allowance payable monthly during the retired employee’s life, with the provision that a specific sum per month, which cannot exceed the monthly allowance paid to the retired employee, be paid after his death to the beneficiary for the life of the beneficiary whom he nominates by written designation acknowledged and filed with the board at the time of election, should the beneficiary survive him, beginning on the attainment by the surviving beneficiary of age 60 years. If a surviving beneficiary dies after the date of the retired employee’s death, but before attaining age 60, all contributions of the retired employee which have not been returned to him or his beneficiary must be paid to the estate of the beneficiary.

      Sec. 30.  NRS 298.025 is hereby amended to read as follows:

      298.025  Presidential electors are not nominated at the primary election or placed upon the general election ballot, but the nominees of the presidential and vice presidential candidates who receive the highest number of votes at the general election thereby become the official presidential electors . [, and they] The presidential electors shall perform the duties of such electors as required by law and the Constitution of the United States.


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ê1993 Statutes of Nevada, Page 2783 (Chapter 649, SB 462)ê

 

they] The presidential electors shall perform the duties of such electors as required by law and the Constitution of the United States.

      Sec. 31.  NRS 298.050 is hereby amended to read as follows:

      298.050  The presidential electors, when convened, shall vote by ballot for one person for President and one person for Vice President of the United States, one of whom, at least, [shall] must not be an inhabitant of this state. The presidential electors shall vote only for the nominees for President and Vice President of the party or the independent candidates that prevailed in this state in the preceding general election.

      Sec. 32.  NRS 318.116 is hereby amended to read as follows:

      318.116  Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

      1.  Furnishing electric light and power, as provided in NRS 318.117;

      2.  Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;

      3.  Furnishing facilities or services for public cemeteries, as provided in NRS 318.119;

      4.  Furnishing facilities for swimming pools, as provided in NRS 318.1191;

      5.  Furnishing facilities for television, as provided in NRS 318.1192;

      6.  Furnishing streets and alleys, as provided in NRS 318.120;

      7.  Furnishing curb, gutter and sidewalks, as provided in NRS 318.125;

      8.  Furnishing sidewalks, as provided in NRS 318.130;

      9.  Furnishing facilities for storm drainage [,] or flood control, as provided in NRS 318.135;

      10.  Furnishing sanitary facilities for sewerage, as provided in NRS 318.140;

      11.  Furnishing facilities for lighting streets, as provided in NRS 318.141;

      12.  Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142;

      13.  Furnishing recreational facilities, as provided in NRS 318.143;

      14.  Furnishing facilities for water, as provided in NRS 318.144;

      15.  Furnishing fencing, as provided in NRS 318.1195;

      16.  Furnishing facilities for protection from fire, as provided in NRS 318.1181;

      17.  Furnishing energy for heating, as provided in NRS 318.1175;

      18.  Furnishing emergency medical services, as provided in NRS 318.1185; and

      19.  Furnishing facilities for public schools, as provided in NRS 318.136 to 318.139, inclusive.

      Sec. 33.  (Deleted by amendment.)

      Sec. 34.  NRS 354.603 is hereby amended to read as follows:

      354.603  Notwithstanding any other provisions of law:

      1.  The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal [Savings and Loan] Deposit Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards.


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ê1993 Statutes of Nevada, Page 2784 (Chapter 649, SB 462)ê

 

in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal [Savings and Loan] Deposit Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:

      (a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

      (b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.

      (c) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the department of education. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.

      2.  The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:

      (a) The county school district fund; and

      (b) The county school district building and sites fund.

      3.  The separate account established by the board of county hospital trustees is designated the county hospital fund.

      4.  The separate account of the board of trustees of the consolidated library district established under the provisions of this section must be composed of:

      (a) The fund for the consolidated library; and

      (b) The fund for capital projects of the consolidated library.

      5.  No expenditures from an account may be made in excess of the balance of the account.

      6.  Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.

      7.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district is entitled to a hearing before the board of county commissioners.


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ê1993 Statutes of Nevada, Page 2785 (Chapter 649, SB 462)ê

 

trustees of the county hospital or the board of trustees of the consolidated library district is entitled to a hearing before the board of county commissioners.

      Sec. 34.5.  (Deleted by amendment.)

      Sec. 35.  NRS 361.600 is hereby amended to read as follows:

      361.600  No action or counterclaim for the recovery of lands sold for taxes lies unless it is brought or interposed within 2 years after the execution and delivery to the purchaser of the quitclaim deed therefor by the county treasurer.

      Sec. 36.  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 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 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.

      3.  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. 37.  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 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.  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.  Except as otherwise provided in subsection 5, 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;

 


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ê1993 Statutes of Nevada, Page 2786 (Chapter 649, SB 462)ê

 

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. 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. As used in this section, “based” has the meaning ascribed to it in NRS 482.011.

      Sec. 38.  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 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 371.045, 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.  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. 38.1.  NRS 422.007 is hereby amended to read as follows:

      422.007  As used in this chapter, “aid to families with dependent children” means the program established to provide assistance to needy dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.) and other provisions of that act relating to assistance to dependent children.

      Sec. 38.2.  NRS 422.232 is hereby amended to read as follows:

      422.232  1.  The administrator shall establish a state plan for aid to families with dependent children. The state plan is subject to the approval of the board. The state plan must set forth the requirements for eligibility of a needy dependent child and the relative with whom he is living and must also set forth the nature and amounts of grants and other assistance which may be provided, the conditions imposed and such other provisions relating to the development and administration of the program for aid to families with dependent children as the administrator and the board deem necessary.


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

ê1993 Statutes of Nevada, Page 2787 (Chapter 649, SB 462)ê

 

      2.  In developing and revising the state plan, the administrator and the board shall consider, among other things, the amount of money available from the Federal Government for aid to families with dependent children and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for aid to families with dependent children.

      Sec. 38.3.  NRS 422.270 is hereby amended to read as follows:

      422.270  The department through the welfare division shall:

      1.  Administer all public welfare programs of this state, including:

      (a) State supplementary assistance provide in connection with the supplemental security income program;

      (b) Aid to families with dependent children;

      (c) Child welfare services;

      (d) Services to the aged, blind or disabled;

      (e) Assistance to the medically indigent; and

      (f) Other welfare activities and services provided for by the laws of this state.

      2.  Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the state to aid in the furtherance of any of the services and activities set forth in subsection 1.

      3.  Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive.

      4.  Make regulations, subject to the approval of the board, for the administration of NRS 422.070 to 422.410, inclusive, which are binding upon all recipients and local units.

      5.  Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the state general fund or money from federal or other sources.

      6.  Make all investigations required by a court in adoption proceedings as provided by law.

      7.  Establish reasonable minimum standards and regulations for foster homes, and shall license foster homes as provided by law.

      8.  Provide services and care to children as provided by law.

      9.  Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the administrator.

      10.  Make such agreements with the Federal Government as may be necessary to carry out the supplemental security income program.

      Sec. 38.4.  NRS 422.370 is hereby amended to read as follows:

      422.370  As used in NRS 422.373, 422.375 and 422.377, unless the context otherwise requires, “plan” means the plan to provide for the education and training of recipients of aid to families with dependent children.


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

ê1993 Statutes of Nevada, Page 2788 (Chapter 649, SB 462)ê

 

      Sec. 38.5.  NRS 422.373 is hereby amended to read as follows:

      422.373  The administrator shall, pursuant to the appropriate provisions of 42 U.S.C. §§ 601 to 645, inclusive, establish by regulation a plan to provide for the education and training of recipients of aid to families with dependent children as a condition of being eligible for that aid. The plan must be approved by the board.

      Sec. 38.6.  NRS 422.410 is hereby amended to read as follows:

      422.410  1.  Unless a different penalty is provided pursuant to NRS 422.450 to 422.580, inclusive, every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.

      2.  For the purposes of subsection 1, whenever a recipient of aid to families with dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 38.7.  NRS 425.400 is hereby amended to read as follows:

      425.400  1.  The division may establish a central unit to serve as a registry for the receipt of information, for answering interstate inquiries concerning responsible parents, to coordinate and supervise departmental activities in relation to responsible parents and to assure effective cooperation with law enforcement agencies.

      2.  To effectuate the purposes of this section, the administrator or a prosecuting attorney may request all information and assistance as authorized by NRS 425.260 to 426.440, inclusive, from the following persons and entities:

      (a) State, county and local agencies;

      (b) Employers, public and private;

      (c) Employee organizations and trusts of every kind;

      (d) Financial institutions and entities which are in the business of providing credit reports; and

      (e) Public utilities.

All of these persons and entities, their officers and their employees, shall cooperate in the location of a responsible parent who has abandoned or deserted, or is failing to support his child and shall on request supply the division and the prosecuting attorney with all information on hand relative to the location, income and property of such parent. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages for the disclosure.


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

ê1993 Statutes of Nevada, Page 2789 (Chapter 649, SB 462)ê

 

      3.  Any record established pursuant to the provisions of this section is available only to:

      (a) The attorney general;

      (b) A district attorney;

      (c) A court having jurisdiction in a paternity, support or abandonment proceeding or action;

      (d) The resident parent, legal guardian, attorney or agent of a child who is not receiving aid to families with dependent children pursuant to Title IV of the Social Security Act (42 U.S.C. §§ 601 et seq.); or

      (e) An agency in other states engaged in the establishment of paternity or in the enforcement of support of minor children as authorized by regulations of the division and by the provisions of the Social Security Act.

      Sec. 39.  NRS 426.010 is hereby amended to read as follows:

      426.010  The purposes of this chapter are:

      1.  To relieve [blind] handicapped persons from the distress of poverty;

      2.  To encourage and assist [blind individuals] handicapped persons in their efforts to render themselves more self-supporting; and

      3.  To enlarge the opportunities of [blind] handicapped persons to obtain education, vocational training and employment.

      Secs. 40 and 41.  (Deleted by amendment.)

      Sec. 42.  NRS 428.185 is hereby amended to read as follows:

      428.185  1.  In addition to the taxes levied pursuant to NRS 428.050 and 428.285 and any tax levied pursuant to NRS 450.425, the board of county commissioners of each county shall levy an ad valorem tax at a rate which must be calculated by:

      (a) First multiplying the tax rate of 1.5 cents on each $100 of assessed valuation by the assessed valuation of all taxable property in this state, including new real property, possessory interests and mobile homes, during the next fiscal year.

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

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

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

      3.  The proceeds of this tax must be remitted in the manner provided for in NRS 361.745 to the state treasurer for credit to the fund . [for hospital care to indigent persons.]

      Sec. 43.  NRS 439A.103 is hereby amended to read as follows:

      439A.103  1.  The following projects are exempt from the requirements of NRS 439A.100:

      (a) Any project to increase the number of beds in a facility for skilled nursing or a facility for intermediate care or to establish such a facility, if:

             (1) The director determines that, at the time the application for an exemption is made, the proposed increase in the number of beds in a service area would not cause the total number of beds to exceed by more than 15 percent the total need for beds in that service area as set forth in the state health plan, and that the increase is otherwise consistent with the requirements of the state health plan; and

 


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

ê1993 Statutes of Nevada, Page 2790 (Chapter 649, SB 462)ê

 

health plan, and that the increase is otherwise consistent with the requirements of the state health plan; and

             (2) The applicant provides evidence satisfactory to the director that:

             (I) He has secured financing for the construction of the project;

             (II) He owns or has an option to purchase a proposed site that is properly zoned for the project; and

             (III) Sufficient money has been committed for the first year of operation of the project.

If the applicant for any reason fails to begin construction of the project within 1 year after the date of the certificate of exemption issued pursuant to subsection 2, the exemption is automatically revoked.

      (b) [Any project related to a health maintenance organization, if it is subject to review pursuant to 42 U.S.C. § 300m-6.

      (c)] Any project for the development of a health facility that has received legislative approval and authorization.

      2.  Upon determining that a project satisfies the requirements for an exemption to NRS 439A.100, the director shall issue a certificate which states that the project is exempt from the requirements of that section.

      Sec. 44.  NRS 445.2235 is hereby amended to read as follows:

      445.2235  [1.]  The department may issue a temporary permit for the discharge of pollutants or the injection of fluids through a well. The permit is valid for not more than 180 days.

      [2.  Each temporary permit issued by the department must ensure compliance with the following factors, whenever applicable:

      (a) Effluent limitations;

      (b) Standards of performance for new sources;

      (c) Standards for pretreatment;

      (d) Standards for injections of fluids through a well; and

      (e) Any more stringent limitations, including any limitations necessary to meet or effectuate standards of water quality, standards of treatment or schedules of compliance developed by the department.]

      Sec. 45.  NRS 449.610 is hereby amended to read as follows:

      449.610  A declaration directing a physician to withhold or withdraw life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I direct my attending physician, pursuant to NRS 449.535 to 449.690, inclusive, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.

 

If you wish to include this statement [,] in this declaration, you must INITIAL the statement in the box provided:


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

ê1993 Statutes of Nevada, Page 2791 (Chapter 649, SB 462)ê

 

[(If the statement reflects your desires, initial the box next to the statement.)

 

      I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.] Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastro-intestinal tract after all other treatment is withheld pursuant to this declaration.

 

                                                                                                            [........................... ]

 

Signed this ................... day of ..…..........., ......

 

                                                            Signature............................................................

                                                            Address..............................................................

 

The declarant voluntarily signed this writing in my presence.

 

                                                            Witness..............................................................

                                                            Address..............................................................

 

                                                            Witness..............................................................

                                                            Address..............................................................

      Sec. 46.  NRS 449.613 is hereby amended to read as follows:

      449.613  1.  A declaration that designates another person to make decisions governing the withholding or withdrawal of life-sustaining treatment may, but need not, be in the following form:

 

DECLARATION

 

If I should have an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of my attending physician, cause my death within a relatively short time, and I am no longer able to make decisions regarding my medical treatment, I appoint ............................... or, if he or she is not reasonably available or is unwilling to serve, .............................., to make decisions on my behalf regarding withholding or withdrawal of treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain, pursuant to NRS 449.535 to 449.690, inclusive.

(If the person or persons I have so appointed are not reasonably available or are unwilling to serve, I direct my attending physician, pursuant to those sections, to withhold or withdraw treatment that only prolongs the process of dying and is not necessary for my comfort or to alleviate pain.)

Strike language in parentheses if you do not desire it.


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

ê1993 Statutes of Nevada, Page 2792 (Chapter 649, SB 462)ê

 

If you wish to include this statement [,] in this declaration, you must INITIAL the statement in the box provided:

 

[(If the statement reflects your desires, initial the box next to the statement.)

 

      I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.] Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. Initial this box if you want to receive or continue receiving artificial nutrition and hydration by way of the gastro-intestinal tract after all other treatment is withheld pursuant to this declaration.

                                                                                                            [........................... ]

 

Signed this ................... day of ..…..........., ......

 

                                                            Signature............................................................

                                                            Address..............................................................

 

The declarant voluntarily signed this writing in my presence.

 

                                                            Witness..............................................................

                                                            Address..............................................................

 

                                                            Witness..............................................................

                                                            Address..............................................................

 

Name and address of each designee.

 

                                                            Name...................................................................

                                                            Address..............................................................

      2.  The designation of an attorney in fact pursuant to NRS 111.460 or 449.800 to 449.860, inclusive, or the judicial appointment of a guardian, who is authorized to make decisions regarding the withholding or withdrawal of life-sustaining treatment, constitutes for the purpose of NRS 449.535 to 449.690, inclusive, a declaration designating another person to act for the declarant pursuant to subsection 1.

      Sec. 47.  NRS 449.640 is hereby amended to read as follows:

      449.640  1.  If a patient in a terminal condition has a declaration in effect and becomes comatose or is otherwise rendered incapable of communicating with his attending physician, the physician must give weight to the declaration as evidence of the patient’s directions regarding the application of life-sustaining [procedures,] treatments, but the attending physician may also consider other factors in determining whether the circumstances warrant following the directions.


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

ê1993 Statutes of Nevada, Page 2793 (Chapter 649, SB 462)ê

 

      2.  No hospital or other medical facility, physician or person working under the direction of a physician is subject to criminal or civil liability for failure to follow the directions of the patient to withhold or withdraw life-sustaining [procedures.] treatments.

      Sec. 48.  NRS 449.830 is hereby amended to read as follows:

      449.830  The form of a power of attorney for a disabled principal must be substantially as follows:

 

DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

      THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

      1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR ATTORNEY-IN-FACT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT, OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE, OR PROCEDURE TO MAINTAIN, DIAGNOSE, OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

      2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

      3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

      4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

      5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION, IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.


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

ê1993 Statutes of Nevada, Page 2794 (Chapter 649, SB 462)ê

 

OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

      6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

      7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL, OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

      8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

      9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

      1.  DESIGNATION OF HEALTH CARE AGENT.

      I, .................................................................................................................................

(insert your name) do hereby designate and appoint:

             Name: ..................................................................................................................

             Address:..............................................................................................................

             Telephone Number:...........................................................................................

as my attorney-in-fact to make health care decisions for me as authorized in this document.

      (Insert the name and address of the person you wish to designate as your attorney-in-fact to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your attorney-in-fact: (1) your treating provider of health care, (2) an employee of your treating provider of health care, (3) an operator of a health care facility, or (4) an employee of an operator of a health care facility.)

      2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

      By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

      3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

      In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the attorney-in-fact named above full power and authority to make health care decisions for me before, or after my death, including: consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.


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

ê1993 Statutes of Nevada, Page 2795 (Chapter 649, SB 462)ê

 

care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition, subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

      4.  SPECIAL PROVISIONS AND LIMITATIONS.

      (Your attorney-in-fact is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion. If there are any other types of treatment or placement that you do not want your attorney-in-fact’s authority to give consent for or other restrictions you wish to place on his or her attorney-in-fact’s authority, you should list them in the space below. If you do not write any limitations, your attorney-in-fact will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

      In exercising the authority under this durable power of attorney for health care, the authority of my attorney-in-fact is subject to the following special provisions and limitations:

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

      5.  DURATION.

      I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my attorney-in-fact will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:..

      6.  STATEMENT OF DESIRES.

      (With respect to decisions to withhold or withdraw life-sustaining treatment, your attorney-in-fact must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your attorney-in-fact has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

(If the statement reflects your desires, initial the box next to the statement.)

 

      1.  I desire that my live be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.                           [.......................... ]


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

ê1993 Statutes of Nevada, Page 2796 (Chapter 649, SB 462)ê

 

      2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)                                                  [.......................... ]

 

      3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449.535 to 449.690, inclusive, if this subparagraph is initialed.)   [                                                                                   ]

 

      4.  [I direct my attending physician not to withhold or withdraw artificial nutrition and hydration by way of the gastro-intestinal tract if such a withholding or withdrawal would result in my death by starvation or dehydration.] Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastro-intestinal tract after all other treatment is withheld.................... [      ]

 

      5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My attorney-in-fact is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.  [     ]

      (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

      Other or Additional Statements of Desires: ........................................................

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

...........................................................................................................................................

      7.  DESIGNATION OF ALTERNATE ATTORNEY-IN-FACT.

      (You are not required to designate any alternative attorney-in-fact but you may do so. Any alternative attorney-in-fact you designate will be able to make the same health care decisions as the attorney-in-fact designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your attorney-in-fact. Also, if the attorney-in-fact designated in paragraph 1 is your spouse, his or her designation as your attorney-in-fact is automatically revoked by law if your marriage is dissolved.)


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

ê1993 Statutes of Nevada, Page 2797 (Chapter 649, SB 462)ê

 

      If the person designated in paragraph 1 as my attorney-in-fact is unable to make health care decisions for me, than I designate the following persons to serve as my attorney-in-fact to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

      A.  First Alternative Attorney-in-fact

Name:................................................................................................

Address:...........................................................................................

...........................................................................................

Telephone Number:........................................................................

 

      B.  Second Alternative Attorney-in-fact

Name:................................................................................................

Address:...........................................................................................

...........................................................................................

Telephone Number:........................................................................

      8.  PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

   I sign my name to this Durable Power of Attorney for Health care on .................... (date) at .................... (city),

.................... (state)

                                                                                ...........................................................

                                                                                                      (Signature)

 

      (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                            }

                                                        } ss.

County of .................................... }

 

      On this ............... day of ..............., in the year ..., before me, ....................................... (here insert name of notary public) personally appeared ................................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.


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

ê1993 Statutes of Nevada, Page 2798 (Chapter 649, SB 462)ê

 

whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.

 

NOTARY SEAL                                                   ...........................................................

                                                                                (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the attorney-in-fact, (2) a provider of health care, (3) an employee of a provider of health care, (4) the operator of a health care facility, (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

      I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney-in-fact by this document, and that I am not a provider of health care, an employee of a provider of health care, the operator of a community care facility, nor an employee of an operator of a health care facility.

 

Signature: ....................................................         Residence Address:.......................

Print Name: ..................................................         ...........................................................

Date: .............................................................         ...........................................................

 

Signature: ....................................................         Residence Address:.......................

Print Name: ..................................................         ...........................................................

Date: .............................................................         ...........................................................

 

 

      (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

      I declare under penalty of perjury that I am not related to the principal by blood, marriage, or adoption, and to the best of my knowledge I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature:                                                                     

 

Signature:                                                                     

 

--------------------------------------------------------------------------------------------  Names:   ------------------------------------------------------------ Address:  

 


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ê1993 Statutes of Nevada, Page 2799 (Chapter 649, SB 462)ê

 

Names: .........................................................         Address:...........................................

Print Name: ..................................................         ...........................................................

Date: .............................................................         ...........................................................

 

COPIES: You should retain an executed copy of this document and give one to your attorney-in-fact. The power of attorney should be available so a copy may be given to your providers of health care.

      Sec. 49.  NRS 459.775 is hereby amended to read as follows:

      459.775  Any person who:

      1.  Transports a hazardous material in a motor vehicle without a valid permit;

      2.  Transports a hazardous material in a motor vehicle that has not been inspected pursuant to the regulations of the department;

      3.  Fails to carry the permit or a copy of the permit in the driver’s compartment of the motor vehicle [;] if required to do so by a regulation of the department;

      4.  Transports a hazardous material in a motor vehicle under an expired permit;

      5.  Violates any of the terms or conditions of a permit issued by the division; or

      6.  Fails to pay when due any fee established pursuant to NRS 459.744 or 459.746,

is guilty of a misdemeanor.

      Sec. 50.  NRS 583.295 is hereby amended to read as follows:

      583.295  “Inspector” means:

      1.  A person who has entered into a contract pursuant to NRS 583.448; or

      2.  An employee or official of the health division of the department of human resources authorized by the officer to inspect livestock, poultry, game [animals] mammals or birds or carcasses or parts thereof.

      Sec. 51.  NRS 583.375 is hereby amended to read as follows:

      583.375  “Official establishment” means any establishment in this state, other than an establishment covered by subsection 1 of NRS 583.545, which on a commercial basis slaughters or processes for hire any meat animal, game [animal,] mammal, poultry or game bird for human consumption, and which has been inspected and approved by the officer.

      Sec. 52.  NRS 583.439 is hereby amended to read as follows:

      583.439  A person shall not, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits, game [animals] mammals or birds, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

      1.  Slaughter an animal or prepare an article which can be used as human food at any establishment preparing animals, carcasses or products for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.555, inclusive.

      2.  Sell, transport, offer for sale or transportation or receive for transportation in interstate commerce any such articles which:

      (a) Are capable of use as human food;

      (b) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or


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ê1993 Statutes of Nevada, Page 2800 (Chapter 649, SB 462)ê

 

      (c) Are required to be inspected pursuant to the provisions of this Title, unless they have been so inspected and passed.

      3.  Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation which is intended to cause or has the effect of causing any article to be adulterated or misbranded.

      Sec. 53.  NRS 583.445 is hereby amended to read as follows:

      583.445  1.  The officer, an inspector or a person acting as an inspector shall make an ante-mortem inspection of livestock, poultry and game [animals] mammals and birds in any official establishment where livestock, poultry or game [animals] mammals or birds are slaughtered for commercial purposes.

      2.  Whenever slaughtering or other processing operations are being conducted, the officer, an inspector or a person acting as an inspector shall make post-mortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in an official establishment.

      3.  The officer, inspector or person acting as an inspector shall quarantine, segregate and reinspect livestock, poultry, game [animals] mammals and birds, and carcasses and parts thereof in official establishments as he deems necessary to effectuate the purposes of NRS 583.255 to 583.555, inclusive.

      4.  Except as otherwise provided in this section, all carcasses of livestock, poultry, other animals and parts thereof found by the officer, an inspector or person acting as an inspector to be adulterated in any official establishment must be condemned by the officer or an inspector. If no appeal is taken from the determination of condemnation, the carcasses must be destroyed for human food purposes under the supervision of an inspector unless the carcasses can, by reprocessing, be made unadulterated. In such a case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from the determination of condemnation, the carcasses must be appropriately marked and segregated pending completion of an additional inspection. The appeal is at the cost of the appellant if the officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the carcasses must be destroyed for human food purposes under the supervision of an inspector.

      Sec. 54.  NRS 583.455 is hereby amended to read as follows:

      583.455  1.  Each official establishment at which livestock, poultry or game [animals] mammals or birds are slaughtered or carcasses or parts thereof are processed for intrastate commerce must be operated in accordance with sanitary practices required by rules or regulations prescribed by the officer. Carcasses or parts of livestock, poultry or game [animals] mammals or birds must not be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the state board of health.


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ê1993 Statutes of Nevada, Page 2801 (Chapter 649, SB 462)ê

 

      2.  The officer may issue a permit for an establishment to operate as an official establishment but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.

      3.  A local government shall not issue a business license for operation of any establishment unless it has been issued a permit as an official establishment.

      Sec. 55.  NRS 583.465 is hereby amended to read as follows:

      583.465  1.  Each carcass of livestock, poultry or game [animals] mammals or birds and each primal part of such a carcass must bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The officer may at any time require by regulation additional marks or label information to appear on the carcasses of livestock, poultry or game [animals] mammals or birds, or parts thereof. Marks and labels required by this section must be applied only by, or under the supervision of, an inspector.

      2.  If the officer has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in the manner he prescribes. If the person using or proposing to use the label does not accept the determination of the officer, he may request a hearing, but the use of the label must, if the officer so directs, be withheld pending a hearing and final determination by the officer. A determination by the officer is conclusive unless, within 30 days after the receipt of notice of the determination, the person adversely affected appeals to the district court in and for the county in which he has his principal place of business.

      Sec. 56.  NRS 583.539 is hereby amended to read as follows:

      583.539  The officer may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game [animals,] mammals, capable of use as human food, [shall] must be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, or importing, such articles, whenever the officer deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

      Sec. 57.  NRS 598.281 is hereby amended to read as follows:

      598.281  As used in NRS 598.281 to 598.289, inclusive, unless the context otherwise requires:

      1.  “Buyer” means a natural person who is solicited to purchase or who purchases the services of an organization which provides credit services.

      2.  “Commissioner” means the commissioner of consumer affairs.

      3.  “Division” means the consumer affairs division of the department of commerce.

      4.  “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family or household purposes.

      5.  “Organization”:


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ê1993 Statutes of Nevada, Page 2802 (Chapter 649, SB 462)ê

 

      (a) Means a person who, with respect to the extension of credit by others, sells, provides or performs, or represents that he can or will sell, provide or perform, any of the following services, in return for the payment of money or other valuable consideration:

             (1) Improving a buyer’s credit record, history or rating.

             (2) Obtaining an extension of credit for a buyer.

             (3) Providing counseling or assistance to a person in establishing or effecting a plan for the payment of his indebtedness, unless such counseling or assistance is provided by and is within the scope of the authorized practice of a debt adjuster licensed pursuant to chapter 676 of NRS.

             (4) Providing advice or assistance to a buyer with regard to either subparagraph (1) or (2).

      (b) Does not include any of the following:

             (1) A person organized, chartered or holding a license or authorization certificate to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision by an officer or agency of this state or the United States.

             (2) A bank or savings and loan institution whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation . [or the Federal Savings and Loan Insurance Corporation.]

             (3) A nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code.

             (4) A person licensed as a real estate broker by this state where the person is acting within the course and scope of that license.

             (5) A person licensed to practice law in this state where the person renders services within the course and scope of his practice as an attorney at law.

             (6) A broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of such regulation.

             (7) A person licensed as a debt adjuster pursuant to chapter 676 of NRS.

      Sec. 58.  NRS 600A.030 is hereby amended to read as follows:

      600A.030  As used in this chapter, unless the context otherwise requires:

      1.  “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic or other means.

      2.  “Misappropriation” means:

      (a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;

      (b) Disclosure or use of a trade secret of another without express or implied consent by a person who:

             (1) Used improper means to acquire knowledge of the trade secret;

             (2) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

             (I) Derived from or through a person who had used improper means to acquire it;

             (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or


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ê1993 Statutes of Nevada, Page 2803 (Chapter 649, SB 462)ê

 

             (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

             (3) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

      3.  “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

      4.  “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process, that:

      (a) Derives independent economic value, present or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

      (b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

      Sec. 59.  NRS 616.423 is hereby amended to read as follows:

      616.423  1.  There is hereby established in the state treasury the fund for workers’ compensation and safety as a special revenue fund. All money received from assessments levied on insurers and employers by the director pursuant to NRS 232.680 must be deposited in this fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the department for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.

      3.  All money and securities in the fund must be used [solely for workers’ compensation and the administration of regulations for the safety of employees.] to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:

      (a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of enforcement for industrial safety and health, the division of preventative safety and the division of mine inspection, including the costs of the office and staff of the director.

      (b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.

      (c) Claims against uninsured employers arising from compliance with NRS 616.377 and 617.275.

      4.  The state treasurer may disburse money from the fund only upon written order of the controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date.


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ê1993 Statutes of Nevada, Page 2804 (Chapter 649, SB 462)ê

 

before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 60.  NRS 616.437 is hereby amended to read as follows:

      616.437  1.  There is hereby established as a trust fund in the state treasury the uninsured employers’ claim fund, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616.377 [.] and 617.275. The administrator shall administer the fund and shall credit any excess money toward the assessments of the insurers for the succeeding years.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the administrator for the uninsured employers’ claim fund must be delivered to the custody of the state treasurer.

      3.  All money and securities in the fund must be held in trust by the state treasurer as custodian thereof to be used solely for workers’ compensation.

      4.  The state treasurer may disburse money from the fund only upon written order of the state controller.

      5.  The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest money of the state general fund. Income realized from the investment of the assets of the fund must be credited to the fund.

      6.  The director must adopt regulations for the establishment and administration of assessment rates, payments and penalties, based upon expected annual expenditures for claims. Assessment rates must reflect the relative hazard of the employments covered by the insurers, and must be based upon expected annual expenditures for claims.

      7.  The commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 61.  (Deleted by amendment.)

      Sec. 62.  NRS 618.345 is hereby amended to read as follows:

      618.345  1.  The division of preventative safety of the department of industrial relations shall develop and maintain an effective program of collection, compilation and analysis of occupational safety and health statistics. This program may, at the discretion of the department, cover all employments.

      2.  To carry out the provisions of subsection 1, the division of preventative safety may promote, encourage or directly engage in programs of studies, information and communication concerning occupational safety and health statistics.

      [3.  An industrial insurer shall provide to the division of preventative safety a monthly report indicating the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employer’s Standard Industrial Classification or his classification for the purposes of industrial insurance. The division of preventative safety shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, “industrial insurer” has the meaning ascribed to the term “insurer” in NRS 616.1103.]


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ê1993 Statutes of Nevada, Page 2805 (Chapter 649, SB 462)ê

 

      Sec. 63.  NRS 618.378 is hereby amended to read as follows:

      618.378  1.  Any accident occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of five or more employees must be reported by the employer orally or in writing to the nearest office of the division within 48 hours after the accident has occurred.

      2.  An industrial insurer shall provide to the division a monthly report setting forth the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employer’s Standard Industrial Classification or his classification for the purposes of industrial insurance. The division shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, “industrial insurer” has the meaning ascribed to the term “insurer” in NRS 616.1103.

      3.  All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.

      [3.]4.  The division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as he may from time to time require.

      [4.]5.  Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the division.

      Sec. 64.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  The division may approve an application for a license for a person who meets all the following requirements:

      (a) Has a good reputation for honesty, trustworthiness [, integrity and competence to transact the business of a broker, broker-salesman or salesman in a manner which safeguards the interest of the public,] and integrity and who offers proof of those qualifications satisfactory to the division.

      (b) Has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license. The division may deny a license to any person who has been convicted of engaging in a real estate business without a license.

      (c) Has not made a false statement of material fact on his application.

      (d) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      (e) Has passed the examination.

      2.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 10 years before the date of the application is grounds for refusal to grant a license.


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ê1993 Statutes of Nevada, Page 2806 (Chapter 649, SB 462)ê

 

      3.  A person may not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately preceding the issuance of a broker’s license.

      Sec. 65.  NRS 645A.199 is hereby amended to read as follows:

      645A.199  No person engaged in the business or acting in the capacity of an escrow agent or agency within this state may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act pursuant to [NRS 645A.010] this chapter without alleging and proving that he was a licensed escrow agent or agency at the time the alleged cause of action arose.

      Sec. 66.  NRS 645C.350 is hereby amended to read as follows:

      645C.350  1.  The division shall cause examinations to be conducted not less than once every 6 months.

      2.  An applicant may take the written examination before he completes the requirements for experience, but a certificate or license must not be issued until all the requirements are met.

      3.  The division shall notify each applicant in writing whether he passed or failed the examination, or has alternatively satisfied the requirements for a certificate , [or] license or permit pursuant to NRS 645C.360, as determined by the commission.

      Sec. 67.  NRS 648.036 is hereby amended to read as follows:

      648.036  Except as otherwise provided in NRS 648.033 , [and 648.100,] a person who wishes to obtain information possessed by the board that is declared by law to be confidential must apply to the district court for an order directing the release of the information. The person shall give the board, the attorney general, and each person who may be affected by the order 10 days’ written notice of his intention to make the application. The notice must include a copy of the motion and all papers that will be offered in support of the application. The notice to persons other than the board and the attorney general may be made by personal delivery or by certified mail to the person’s last known address.

      Sec. 68.  (Deleted by amendment.)

      Sec. 69.  NRS 673.016 is hereby amended to read as follows:

      673.016  “Insured association” means an association the savings accounts of which are insured wholly or in part by the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 70.  NRS 673.080 is hereby amended to read as follows:

      673.080  1.  The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.

      2.  No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the commissioner.

      3.  No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.


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ê1993 Statutes of Nevada, Page 2807 (Chapter 649, SB 462)ê

 

first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.

      4.  Persons who desire to organize an association in accordance with this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize an association before taking any other action in connection with the organization. Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as “applicants,” the original and two copies of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner requires, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants’ information and belief. This data must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:

      (a) The character and responsibility of the applicants;

      (b) The need for the association in the community to be served;

      (c) The reasonable probability of its usefulness and success; and

      (d) Whether such an association can be established without undue injury to any properly conducted existing savings and loan institutions.

      5.  If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of [the] a written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days after the date of receipt of written notice by registered or certified mail by the parties. The commissioner shall approve or deny the application within 90 days after the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.

      6.  If the commissioner approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:

      (a) The minimum number of shares of common or preferred stock to be subscribed to the association’s permanent capital;

      (b) The minimum amount of paid-in surplus;

      (c) The minimum amount of investment certificates to be paid into the association’s savings accounts upon issuance of a charter to it; and

      (d) Such other requirements as he deems necessary or desirable.

At least 75 percent of the capital must be subscribed by bona fide residents of this state or a depository institution or holding company qualified pursuant to NRS 666.225 to 666.375, inclusive. Approval of an application for permission to organize an association does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.

      7.  The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal [Savings and Loan] Deposit Insurance Corporation.


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ê1993 Statutes of Nevada, Page 2808 (Chapter 649, SB 462)ê

 

and Loan] Deposit Insurance Corporation. The commissioner may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.

      8.  An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association pursuant to the laws of this state and until it has applied for and secured insurance of accounts in accordance with the regulations of the Federal [Savings and Loan] Deposit Insurance Corporation. This insurance of accounts must be maintained at all times.

      9.  The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.

      10.  The filing fees are:

      (a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative account created by NRS 232.285.

      (b) If the license is approved for issuance, $1,000 for the principal office before issuance.

      11.  The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.

      12.  Every permission to organize issued by the commissioner must recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.

      13.  Any corporation [making application] applying pursuant to this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.

      14.  The removal of the home office or of any branch office of an association to any other location from its then existing location requires prior approval of the commissioner. An application seeking approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100, to be determined by the commissioner. All money received by the commissioner pursuant to this subsection must be placed in the investigative account created by NRS 232.285.

      15.  An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.

      Sec. 71.  NRS 673.113 is hereby amended to read as follows:

      673.113  1.  Every association shall maintain bond coverage with a bonding company which is acceptable to the commissioner and the Federal [Savings and Loan] Deposit Insurance Corporation for an amount to be determined by the commissioner not to exceed 5 percent of the total assets of the association, nor for an amount greater than $3,000,000, covering all directors, officers, employees, agents, data processing service firms and all other operating hazards that are normally covered under the bond.


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ê1993 Statutes of Nevada, Page 2809 (Chapter 649, SB 462)ê

 

determined by the commissioner not to exceed 5 percent of the total assets of the association, nor for an amount greater than $3,000,000, covering all directors, officers, employees, agents, data processing service firms and all other operating hazards that are normally covered under the bond. The bond must be in the form known as Standard Form No. 22, its equivalent or some other form which may be acceptable to the Federal [Savings and Loan] Deposit Insurance Corporation and the commissioner. The bond coverage may allow for a deductible amount or provision adopted under Title 12, Code of Federal Regulations, Section 563.19(a), (b) and (c), and under any subsequent amendments thereto.

      2.  A true copy of the surety bond must be placed in the custody of the commissioner and the original maintained in the office of the association at all times.

      3.  The surety bond must provide that a cancellation thereof, either by the surety company or by the insured, does not become effective until 10 days’ notice in writing is first given to the commissioner, or unless he earlier approves the cancellation in writing.

      4.  When requested by the commissioner, the association shall provide a duplicate copy of the invoice showing that the bond premium has been paid or satisfied.

      5.  The face amount of the surety bond must comply with the requirements of the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 72.  NRS 673.225 is hereby amended to read as follows:

      673.225  1.  Notwithstanding any other provision of this chapter, every company, association or corporation licensed under the provisions of this chapter whose accounts are insured by the Federal [Savings and Loan] Deposit Insurance Corporation or its successor, or which is a member of a Federal Home Loan Bank or its successor as an insured association, has the same rights, powers, privileges, immunities and exceptions which are possessed by any federally chartered association unless expressly denied by the commissioner.

      2.  Whenever additional rights, powers, privileges or exceptions are granted to any federally chartered association, every company, association or corporation licensed under the provisions of this chapter whose accounts are federally insured has those additional rights, powers, privileges or exceptions unless expressly denied by the commissioner.

      Sec. 73.  NRS 673.227 is hereby amended to read as follows:

      673.227  1.  An association may purchase or lease property for its office buildings or construct its office buildings on property purchased or leased by it, if the total cost of land and improvements does not exceed 70 percent of the sum of the association’s capital, surplus and reserves.

      2.  With the approval of the commissioner, senior capital notes of the Federal [Savings and Loan] Deposit Insurance Corporation may be included in capital for the purposes of this section.

      Sec. 74.  NRS 673.273 is hereby amended to read as follows:

      673.273  1.  Except as permitted by subsection 6, the total common stock and any preferred stock subscribed and paid plus the total of the surplus, undivided profits and all reserves available for losses must not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association after the 11th anniversary of the date of insurance of accounts.


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ê1993 Statutes of Nevada, Page 2810 (Chapter 649, SB 462)ê

 

investment certificates of the association after the 11th anniversary of the date of insurance of accounts. The stock surplus, undivided profits and reserves must be at least equal to the percentage of outstanding investment certificates on each prior anniversary as stated below:

 

Date of insurance of accounts.............................................      3.00 percent

Second anniversary of date of insurance of accounts.....      3.20 percent

Third anniversary of date of insurance of accounts........      3.40 percent

Fourth anniversary of date of insurance of accounts......      3.60 percent

Fifth anniversary of date of insurance of accounts..........      3.80 percent

Sixth anniversary of date of insurance of accounts.........      4.00 percent

Seventh anniversary of date of insurance of accounts...      4.20 percent

Eighth anniversary of date of insurance of accounts......      4.40 percent

Ninth anniversary of date of insurance of accounts........      4.60 percent

Tenth anniversary of date of insurance of accounts.......      4.80 percent

 

      2.  No dividends may be declared on common or preferred stock until the total of the common stock, preferred stock, surplus, undivided profits and all reserves available for losses is equal to the percentage required by subsection 1 of the outstanding investment certificates and if payment of those dividends would reduce the capital structure to an amount below that percentage.

      3.  Subject to the provisions of this chapter, common stock and any preferred stock is entitled to the rate of dividend, if earned, fixed by the board of directors. Stock dividends may be declared by the board of directors at any time, payable only from otherwise unallocated surplus and undivided profits.

      4.  No stock dividend may be declared and paid for any period in which the association has not declared and paid interest upon its withdrawable accounts.

      5.  The liability of an association on account of any capital notes which are subordinated to all outstanding investment certificates shall be deemed a reserve available for losses for the purposes of subsection 1 and of NRS 673.274, but no dividends may be declared on common or preferred stock while the capital notes are outstanding, without the written permission of the commissioner.

      6.  The commissioner may approve a lower ratio of the total common stock and any preferred stock, undivided profits and all reserves which must be available for losses to the aggregate of outstanding investment certificates. The commissioner shall not approve any ratio which would impair the insurance of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 75.  NRS 673.2755 is hereby amended to read as follows:

      673.2755  1.  An association may issue investment certificates, with or without passbooks. The holders of investment certificates are not liable for debts or assessments, and are entitled upon liquidation of an association to receive payment in full before any payment or distribution is made to stockholders. The holders of investment certificates have no right to participate in the profits of the association.

      2.  Investment certificates may be issued as fully paid investment certificates, accumulative investment certificates, minimum term investment certificates or other types of certificates approved by the commissioner. The commissioner shall not approve any certificates whose issuance would impair the insurance of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation.


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ê1993 Statutes of Nevada, Page 2811 (Chapter 649, SB 462)ê

 

commissioner shall not approve any certificates whose issuance would impair the insurance of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 76.  NRS 673.276 is hereby amended to read as follows:

      673.276  An association may invest in:

      1.  Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.

      2.  Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.

      3.  Stock of a Federal Home Loan Bank of which the association is eligible to be a member.

      4.  Any obligations or consolidated obligations of any Federal Home Loan Bank or Banks.

      5.  Stock or obligations of the Federal [Savings and Loan] Deposit Insurance Corporation.

      6.  Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.

      7.  Demand, time or savings deposits with any bank or trust company whose deposits are insured by the Federal Deposit Insurance Corporation.

      8.  Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the association’s purposes or powers.

      9.  Savings accounts of any insured association licensed by the state and of any federal savings and loan association, if the accounts of the savings and loan association are insured by the Federal [Savings and Loan] Deposit Insurance Corporation.

      10.  Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.

      11.  Capital stock and other securities of:

      (a) A state development corporation organized under the provisions of chapter 670 of NRS.

      (b) A corporation for economic revitalization and diversification organized under the provisions of chapter 670A of NRS, if the association is a member of the corporation, and to the extent of its loan limit established under NRS 670A.200.

      12.  Any other investment at the discretion of the association’s directors if, after the investment is made, the association’s accounts remain insurable by the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 77.  NRS 673.2765 is hereby amended to read as follows:

      673.2765  1.  An association may invest in the capital stock, obligations or other securities of a related service corporation organized under the laws of this state, except a corporation organized for the underwriting or sale of insurance, subject to any regulations concerning the insurability of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation and to whatever regulations the commissioner may impose in this regard, if the entire capital stock of the corporation is available for purchase by associations organized under the laws of this state only.


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ê1993 Statutes of Nevada, Page 2812 (Chapter 649, SB 462)ê

 

      2.  No association may make the investment if its aggregate, outstanding investments, pursuant to subsection 1, would then be in excess of 1 percent of its assets.

      Sec. 78.  NRS 673.302 is hereby amended to read as follows:

      673.302  The aggregate amount of all borrowings of any association in force at any one time, excluding borrowings from the Federal Home Loan Banks, the Federal [Savings and Loan] Deposit Insurance Corporation or other similar federal agencies, must not exceed 5 percent of the total assets of the association without the approval of the commissioner. The commissioner shall not approve any borrowing which would impair the insurance of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 79.  NRS 673.324 is hereby amended to read as follows:

      673.324  1.  An association may make any loan which:

      (a) Is secured by real property;

      (b) Is secured by personal property;

      (c) Results from a credit card issued by the association;

      (d) Is unsecured;

      (e) Is made to the United States, its agencies or any governmental agency of the State of Nevada; or

      (f) Is made at the discretion of the association’s directors, if the loan will not impair the insurability of the association’s accounts by the Federal [Savings and Loan] Deposit Insurance Corporation.

      2.  Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter.

      Sec. 80.  NRS 673.470 is hereby amended to read as follows:

      673.470  In lieu of making any examination, the commissioner may accept any examination of any association made by the Federal Home Loan Bank Board, any Federal Home Loan Bank, or the Federal [Savings and Loan] Deposit Insurance Corporation, or may examine any such institution in conjunction with the Federal Home Loan Bank Board, a Federal Home Loan Bank, or the Federal [Savings and Loan] Deposit Insurance Corporation.

      Sec. 81.  NRS 673.499 is hereby amended to read as follows:

      673.499  1.  If the commissioner finds that any association:

      (a) Is in an impaired condition;

      (b) Is engaging in practices which threaten to result in an impaired condition; or

      (c) Is in violation of an order or injunction, as provided in NRS 673.495, which has become final in that the time to appeal has expired without appeal or a final order entered from which there can be no appeal,

the commissioner may appoint a receiver for [such] the association, which may be the commissioner, his deputy or any other person, and upon such appointment shall apply immediately to a court of general jurisdiction in the county in which the home office of the association is located for confirmation of [such appointment, and such] the appointment. The court has exclusive jurisdiction to determine the issues and all related matters. Such proceedings must be given precedence over other cases pending in [such] the court, and must in every way be expedited. [Such] The court shall confirm [such] the appointment if it finds that one or more grounds exist, and a certified copy of the order of the court confirming [such] the appointment is evidence thereof.


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ê1993 Statutes of Nevada, Page 2813 (Chapter 649, SB 462)ê

 

the order of the court confirming [such] the appointment is evidence thereof. In the case of an insured association, the appointment by the commissioner of a receiver under this section constitutes an official determination of a public authority of this state pursuant to which a receiver is appointed for the purpose of liquidation as contemplated by and within the meaning of section 406 of the National Housing Act of 1934, as amended, if, within 10 days after the date the application of the commissioner is filed, confirmation of such appointment or denial of confirmation has not been issued by the court. [Such] The receiver has all the powers and authority of a conservator plus the power to liquidate, and has such other powers and authority as may be expressed in the order of the court. If the commissioner, or his deputy, or examiner is appointed receiver, he shall receive no additional compensation, but if another person is appointed, then the compensation of the receiver, as determined by the court, must be paid from the assets of the association.

      2.  If the association is an institution insured by the Federal [Savings and Loan] Deposit Insurance Corporation, the Federal [Savings and Loan] Deposit Insurance Corporation must be tendered appointment as receiver or coreceiver. If it accepts such appointment, it may, nevertheless, make loans on the security of or purchase at public or private sale any part or all of the assets of the association of which it is receiver or coreceiver, if the loan or purchase is approved by the court.

      3.  The procedure in such receivership action must be in all other respects in accordance with the practice in [such] the court, including all rights of appeal and review. The directors, officers and attorneys of an association in office at the time of the initiation of any proceeding under this section or under NRS 673.495 are expressly authorized to contest any such proceeding and must be reimbursed for reasonable expenses and attorney fees by the association or from its assets. Any court having any such proceeding before it shall allow and order paid reasonable expenses and attorney fees for such directors, officers and attorneys.

      Sec. 82.  NRS 673.580 is hereby amended to read as follows:

      673.580  1.  The commissioner may, if he takes possession of any association whose savings accounts are to any extent insured by the Federal [Savings and Loan] Deposit Insurance Corporation, tender to the Federal [Savings and Loan] Deposit Insurance Corporation the appointment as statutory liquidator of the association. If he does not make a tender as sole statutory liquidator, he shall tender to the Federal [Savings and Loan] Deposit Insurance Corporation the appointment as statutory coliquidator to act jointly with the commissioner. The coliquidatorship [shall not be] may not exist for more than 1 year from the date of tender, at the expiration of which time the commissioner [shall become] becomes the sole liquidator except as otherwise provided by this section. The commissioner shall tender to the Federal [Savings and Loan] Deposit Insurance Corporation the appointment as sole statutory liquidator of the association whenever the corporation has become subrogated to the rights of 90 percent of the liability of the association on savings accounts. If the Federal [Savings and Loan] Deposit Insurance Corporation becomes subrogated as to all the savings accounts in the association, it may then exercise all the powers and privileges conferred upon it by this chapter without court approval.


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ê1993 Statutes of Nevada, Page 2814 (Chapter 649, SB 462)ê

 

      2.  If the Federal [Savings and Loan] Deposit Insurance Corporation accepts the appointment as sole liquidator , it possesses all the powers and privileges of the commissioner as statutory liquidator of a possessed savings and loan association and is subject to all duties of the commissioner as sole liquidator, except insofar as the powers and privileges or duties are in conflict with federal laws, and except as otherwise provided in this chapter, unless the association resumes business pursuant to the provisions of this chapter. If the Federal [Savings and Loan] Deposit Insurance Corporation accepts the appointment as coliquidator, it possesses all the powers and privileges jointly with the commissioner and is subject to the duties jointly with the commissioner.

      3.  If the Federal [Savings and Loan] Deposit Insurance Corporation accepts the appointment as coliquidator or liquidator, it shall file its acceptance with the commissioner and the clerk of the district court. The corporation may act without bond. Upon filing its acceptance of appointment as sole liquidator, the possession of and title to all the assets, business and property of the association vests in the Federal [Savings and Loan] Deposit Insurance Corporation without the execution of any conveyance, assignment, transfer or endorsement. Upon filing its acceptance of appointment as coliquidator, the possession and title vests in the commissioner and the corporation jointly. If the Federal [Savings and Loan] Deposit Insurance Corporation does not qualify as sole liquidator at or before the time provided for the expiration of the coliquidatorship, the corporation must be wholly divested of the joint title and possession, and the sole title and possession vests in the commissioner. The vesting of title and possession of the property of the association does not render the property subject to any claims by the federal corporation, except those which are encumbered by it with respect to the association and its property. Whether or not it serves as liquidator or coliquidator, the corporation may make loans on the security of or may purchase with the approval of the court, except as otherwise provided in this chapter, all or any part of the assets of any association, the savings accounts of which are to any extent insured by it. In the event of a purchase, the corporation shall pay a reasonable price.

      4.  Whether or not the Federal [Savings and Loan] Deposit Insurance Corporation serves as liquidator, whenever it pays or makes available for payment the savings accounts of any association in liquidation which are insured by it, it is subrogated upon the surrender and transfer to it of the savings accounts. The surrender and transfer do not affect any right which the transferor has in any savings accounts which are not paid or made available for payment or any right to participate in the distribution of the net proceeds remaining from the disposition of the assets of the association. The rights of the investors and creditors of the association must be determined in accordance with the applicable provisions of the laws of this state.

      Sec. 83.  NRS 673.590 is hereby amended to read as follows:

      673.590  1.  Whenever, in the case of any association which has issued common or preferred stock, the commissioner or the Federal [Savings and Loan] Deposit Insurance Corporation has fully liquidated all claims other than claims of the stockholders, and has made due provision for all known or unclaimed liabilities, excepting claims of stockholders, and has paid all expenses of liquidation, the commissioner shall call a meeting of the stockholders of the savings and loan association.


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ê1993 Statutes of Nevada, Page 2815 (Chapter 649, SB 462)ê

 

expenses of liquidation, the commissioner shall call a meeting of the stockholders of the savings and loan association.

      2.  Notice of the meeting must be given by:

      (a) Five publications in a 30-day period in one or more newspapers published in the county in which the principal office of the association is located; and

      (b) Letter to each stockholder mailed to his last known address.

      3.  At the meeting the commissioner shall deliver to the stockholders all the property and effects of the association remaining in his possession except its records, which must be retained by him as part of the records of his office. Upon transfer and delivery he is discharged from any further liability to the association or its creditors, and thereafter the association is in the same position as though it had never been authorized to transact a savings and loan business.

      Sec. 84.  NRS 677.230 is hereby amended to read as follows:

      677.230  1.  Except as otherwise provided in subsection 2, the commissioner may establish the basis upon which reasonable and adequate reserves must be created and maintained, which must be no less than 3 percent of the deposits, in cash and due from federally insured financial institutions in this state or any Federal Reserve Bank, in United States treasury bills or notes, short-term obligations of the federal or state government or money deposited in federally insured financial institutions in this state or any Federal Reserve Bank. For the purposes of this subsection, “short-term” means having a maturity of 2 years or less.

      2.  The commissioner shall require a licensee who is insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] to comply with the reserve requirements established by that insurer.

      Sec. 85.  NRS 677.249 is hereby amended to read as follows:

      677.249  1.  In determining whether a private insurer is acceptable to issue a contract for the insurance of deposits, the commissioner and the commissioner of insurance must consider:

      (a) The value of the insurer’s capital.

      (b) The ratio of the insurer’s assets, including reinsurance, which are readily available to cover any losses incurred by depositors, to its insured deposits. This ratio must be adequate to reimburse depositors for any losses which they may incur and may not be less than the ratio maintained by the Federal Deposit Insurance Corporation . [or the Federal Savings and Loan Insurance Corporation, whichever is greater.]

      (c) The qualifications of the directors, officers and managers of the insurance company.

      (d) The insurer’s articles of incorporation and its bylaws and all amendments thereto.

      (e) The insurer’s policies for investments.

      (f) The form of all insurance contracts entered into by the insurer, including contracts for reinsurance.

      (g) The insurer’s requirements for premiums or deposits.

      (h) The insurer’s policies for the management of risk.


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ê1993 Statutes of Nevada, Page 2816 (Chapter 649, SB 462)ê

 

      (i) Such other considerations as the commissioner may provide by regulation which are necessary to carry out the provisions of NRS 677.241 to 677.249, inclusive.

      2.  After a private insurer obtains the approval of the commissioner and the commissioner of insurance, the commissioner, after consultation with the commissioner of insurance, may, for cause, require the insurer to establish and maintain for such a time as the commissioner may require, a reserve, in cash or United States treasury bills or notes, in an amount fixed by the commissioner. If required, the reserve must be kept in an account approved by the commissioner in a federally insured financial institution located in this state.

      Sec. 86.  NRS 677.620 is hereby amended to read as follows:

      677.620  1.  Except as otherwise provided in subsections 2 and 3, a licensee shall not have at any time deposits in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.

      2.  A licensee insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] shall comply with the limits imposed by that insurer.

      3.  If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the commissioner may increase the ratio of deposits to paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The commissioner shall give his approval or denial of the application for an increased ratio to the licensee in writing and supporting reasons within 30 days after the date of application by the licensee unless the commissioner gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The commissioner may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.

      4.  A licensee may not have total borrowings, exclusive of deposits, which exceed the larger of:

      (a) Five times its capital and surplus; or

      (b) The face amount of total deposits at the time a borrowing is made.

      5.  Except as otherwise provided in subsection 6, each licensee shall establish a liquidity reserve immediately upon beginning business, as a special account with an initial balance of $50,000. Money cannot be withdrawn from the reserve or the account put to any other use without the permission of the commissioner. Money in the reserve may be invested only in obligations of the United States, this or any other state, or federally insured financial institutions in this state or any Federal Reserve Bank. At least annually, but no later than at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensee’s deposits must be added to the reserve until its balance reaches 1.5 percent of the net deposits. Interest earned on the principal of the reserve must not be withdrawn except as permitted for other money of the reserve, but may be credited against the required addition.


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ê1993 Statutes of Nevada, Page 2817 (Chapter 649, SB 462)ê

 

      6.  If the deposits of a licensee are insured pursuant to the provisions of NRS 677.247, the licensee need not maintain a liquidity reserve.

      Sec. 87.  NRS 677.660 is hereby amended to read as follows:

      677.660  1.  A person shall not advertise, print, display, publish, distribute or broadcast or cause or permit to be advertised, printed, displayed, published, distributed or broadcast, in any manner, any statement or representation with regard to the rates, terms or conditions for making or negotiating loans, or with regard to deposits, which is false, misleading or deceptive.

      2.  Except as otherwise provided in this subsection, a licensee shall not use any advertising or make any representations which indicate, imply or might lead a person to believe that it is a bank, a thrift company or a savings bank, unless it is insured by the Federal Deposit Insurance Corporation . [or the Federal Savings and Loan Insurance Corporation.] The provisions of this subsection do not apply to a thrift company that does not accept money for deposit.

      3.  A licensee whose deposits are insured by the Federal Deposit Insurance Corporation [, the Federal Savings and Loan Insurance Corporation] or a private insurer shall include that information in its advertising relating to deposits.

      Sec. 88.  NRS 677.770 is hereby amended to read as follows:

      677.770  1.  Except for a licensee that is insured by the Federal Deposit Insurance Corporation , [or the Federal Savings and Loan Insurance Corporation,] a licensee shall not make an unsecured loan of more than one-tenth of 1 percent of its total assets or make loans that are in the aggregate more than 5 percent of its total assets.

      2.  Secured loans or obligations of any one person as primary obligor made or held by a licensee may not, in any event, exceed in the aggregate 25 percent of the capital and surplus of the licensee. Loans secured by deposits with the licensee must not be included in applying this limitation.

      Sec. 89.  NRS 680B.025 is hereby amended to read as follows:

      680B.025  For the purposes of NRS 680B.025 to 680B.039, inclusive:

      1.  “Total income derived from direct premiums [”:] written”:

      (a) Does not include premiums written or considerations received from life insurance policies or annuity contracts issued in connection with the funding of a pension, annuity or profit-sharing plan qualified or exempt pursuant to sections 401, 403, 404, 408, 457 or 501 of the United States Internal Revenue Code as renumbered from time to time.

      (b) Does not include payments received by an insurer from the Secretary of Health and Human Services pursuant to a contract entered into pursuant to section 1876 of the Social Security Act (42 U.S.C. § 1395mm).

      (c) As to title insurance consists of the total amount charged by the company for the sale of policies of title insurance.

      2.  Money accepted by a life insurer pursuant to an agreement which provides for an accumulation of money to purchase annuities at future dates may be considered as “total income derived from direct premiums [”] written” either upon receipt or upon the actual application of the money to the purchase of annuities, but any interest credited to money accumulated while under the latter alternative must also be included in “total income derived from direct premiums [] written,” and any money taxed upon receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities.


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ê1993 Statutes of Nevada, Page 2818 (Chapter 649, SB 462)ê

 

receipt, including any interest later credited thereto, is not subject to taxation upon the purchase of annuities. Each life insurer shall signify on its return covering premiums for the calendar year 1971 or for the first calendar year it transacts business in this state, whichever is later, its election between those two alternatives. Thereafter an insurer shall not change his election without the consent of the commissioner. Any such money taxed as “total income derived from direct premiums [”] written” is, in the event of withdrawal of the money before its actual application to the purchase of annuities, eligible to be included as “return premiums” pursuant to the provisions of NRS 680B.030.

      Sec. 90.  NRS 682A.190 is hereby amended to read as follows:

      682A.190  An insurer may invest in share or savings accounts of savings and loan associations, or in savings accounts of banks, and in any other such institution only to the extent that the investment is insured by the [Federal Savings and Loan Insurance Corporation or the] Federal Deposit Insurance Corporation.

      Sec. 91.  NRS 205.600, 453.088 and 482.105 are hereby repealed.

      Sec. 92.  Section 2 of Senate Bill No. 318 of this session is hereby amended to read as follows:

       Sec. 2.  NRS 354.603 is hereby amended to read as follows:

       354.603  [Notwithstanding any other provisions of law:]

       1.  The board of trustees of any county school district, the board of hospital trustees of any county hospital or the board of trustees of any consolidated library district may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Deposit Insurance Corporation , or the legal successor of the Federal Deposit Insurance Corporation, for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:

       (a) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

       (b) The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.

       (c) The [board of trustees of the county school district, the] board of hospital trustees of the county hospital or the board of trustees of the consolidated library district submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor [,] and the board of county commissioners .


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ê1993 Statutes of Nevada, Page 2819 (Chapter 649, SB 462)ê

 

auditor [,] and the board of county commissioners . [, and, in the case of the board of trustees of the county school district, to the department of education.] The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.

       2.  The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of:

       (a) The county school district fund; and

       (b) The county school district building and sites fund.

       3.  The separate account established by the board of county hospital trustees is designated the county hospital fund.

       4.  The separate account of the board of trustees of the consolidated library district established under the provisions of this section must be composed of:

       (a) The fund for the consolidated library; and

       (b) The fund for capital projects of the consolidated library.

       5.  No expenditures from an account may be made in excess of the balance of the account.

       6.  Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.

       7.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of money in any separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district, the board of hospital trustees of the county hospital or the board of trustees of the consolidated library district is entitled to a hearing before the board of county commissioners.

      Sec. 93.  Section 11 of Assembly Bill No. 245 of this session is hereby amended to read as follows:

       Sec. 11.  NRS 422.410 is hereby amended to read as follows:

       422.410  1.  Unless a different penalty is provided pursuant to NRS 422.450 to 422.580, inclusive, or sections 2 to 10, inclusive, of this act, every person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance having a value of $100 or more, whether by one act or a series of acts, with intent to cheat, defraud or defeat the purposes of this chapter shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment, and be required to make full restitution of the monetary loss or monetary value of services so fraudulently obtained, if it can be done.

       2.  For the purposes of subsection 1, whenever a recipient of aid to families with dependent children under the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.


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

ê1993 Statutes of Nevada, Page 2820 (Chapter 649, SB 462)ê

 

receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the welfare division of a change in his circumstances which would affect the amount of assistance he receives, a rebuttable presumption arises that the payment was fraudulently received.

       3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      Sec. 94.  Section 52 of Assembly Bill No. 387 of this session is hereby amended to read as follows:

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

       78.630  1.  Whenever any corporation becomes insolvent or suspends its ordinary business for want of [funds] money to carry on the 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 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, proofs and allegations which may be offered in behalf of the parties.

       3.  If upon such inquiry it 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 otherwise orders.

      Sec. 95.  Section 243 of Senate Bill No. 316 of this session is hereby amended to read as follows:

       Sec. 243.  NRS 244.33505 is hereby amended to read as follows:

       244.33505  1.  In a county in which a license to engage in a business is required, the board of county commissioners shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

       (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;


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ê1993 Statutes of Nevada, Page 2821 (Chapter 649, SB 462)ê

 

       (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

       (c) Is a member of an association of self-insured public or private employers; or

       (d) Is not subject to the provisions of chapter 616 of NRS.

       2.  In a county in which such a license is not required, the board of county commissioners shall require a business, when applying for a post office box, to submit to the board the affidavit required by subsection 1.

       3.  Each board of county commissioners shall submit to the administrator of the division of industrial insurance regulation of the department of industrial relations monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

       4.  Upon receiving an affidavit required by this section, a board of county commissioners shall provide the owner of the business with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.

      Sec. 96.  Section 244 of Senate Bill No. 316 of this session is hereby amended to read as follows:

       Sec. 244.  NRS 268.0955 is hereby amended to read as follows:

       268.0955  1.  In an incorporated city in which a license to engage in a business is required, the city council or other governing body of the city shall not issue such a license unless the applicant for the license signs an affidavit affirming that the business:

       (a) Has received coverage by the state industrial insurance system required pursuant to chapter 616 of NRS;

       (b) Maintains a valid certificate of self-insurance pursuant to chapter 616 of NRS; [or]

       (c) Is a member of an association of self-insured public or private employers; or

       (d) Is not subject to the provisions of chapter 616 of NRS.

       2.  In an incorporated city in which such a license is not required, the city council or other governing body of the city shall require a business, when applying for a post office box, to submit to the governing body the affidavit required by subsection 1.

       3.  Each city council or other governing body of an incorporated city shall submit to the administrator of the division of industrial insurance regulation of the department of industrial relations monthly a list of the names of those businesses which have submitted an affidavit required by subsections 1 and 2.

       4.  Upon receiving an affidavit required by this section, the city council or other governing body of an incorporated city shall provide the applicant with a document setting forth the rights and responsibilities of employers and employees to promote safety in the workplace, in accordance with regulations adopted by the division of preventative safety of the department of industrial relations pursuant to NRS 618.376.


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ê1993 Statutes of Nevada, Page 2822 (Chapter 649, SB 462)ê

 

      Sec. 97.  Section 10 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       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 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 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:

       (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. 98.  Section 33 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       Sec.  33.  NRS 278.710 is hereby amended to read as follows:

       278.710  1.  A board of county commissioners 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:

 


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ê1993 Statutes of Nevada, Page 2823 (Chapter 649, SB 462)ê

 

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 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. 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.


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ê1993 Statutes of Nevada, Page 2824 (Chapter 649, SB 462)ê

 

       [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;

       (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. 99.  Section 62 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       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 or 377A.020, or any combination thereof.


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ê1993 Statutes of Nevada, Page 2825 (Chapter 649, SB 462)ê

 

       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.

       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.

       [3.]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. 100.  Section 64 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       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 of the county on each vehicle based in the county except:

       (a) A vehicle exempt from the motor vehicle privilege tax pursuant to this chapter; or

       (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

       2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710, 365.203 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.

       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.


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ê1993 Statutes of Nevada, Page 2826 (Chapter 649, SB 462)ê

 

       [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 interests 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. 101.  Section 70 of Assembly Bill No. 531 of this session is hereby amended to read as follows:

       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 or 371.045, 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 2827 (Chapter 649, SB 462)ê

 

       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. 102.  The legislative counsel shall, in preparing the reprint of and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is adopted or amended by another act, change any reference to “aid to dependent children” to refer to “aid to families with dependent children.”

      Sec. 103.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 650, SB 461

Senate Bill No. 461–Committee on Human Resources and Facilities

CHAPTER 650

AN ACT relating to emergency medical services; transferring certain regulatory authority to county or district boards of health in large counties; requiring the health officers of this state to set the minimum standards for the certification of emergency medical technicians; clarifying the training required of certain attendants; clarifying the authority of certain technicians to perform laboratory procedures; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 450.480 is hereby amended to read as follows:

      450.480  [Any hospital,] A hospital or rescue unit [or ambulance service] which meets minimum requirements established by the state board of health [may utilize] , or an ambulance service which meets minimum requirements established by the state board of health in a county whose population is less than 100,000, or a county or district board of health in a county whose population is 100,000 or more, may use advanced emergency medical technicians, as defined in NRS 450B.025, for the rendering of emergency medical care to the sick or injured:

      1.  At the scene of an emergency and during transport to a hospital;

      2.  While in a hospital emergency department; and

      3.  Until responsibility for care is assumed by the regular staff of the hospital.

      Sec. 2.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  “Health authority” means:

      1.  In a county whose population is less than 100,000, the health division.

      2.  In a county whose population is 100,000 or more, the county or district board of health.

      Sec. 4.  “Health officer” means:

      1.  In a county whose population is less than 100,000, the state health officer.


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ê1993 Statutes of Nevada, Page 2828 (Chapter 650, SB 461)ê

 

      2.  In a county whose population is 100,000 or more, the county or district health officer.

      Sec. 5.  NRS 450B.015 is hereby amended to read as follows:

      450B.015  The legislature hereby declares that prompt and efficient emergency medical care and transportation is necessary for the health and safety of the people of Nevada, and that minimum [and uniform] standards for such care and all persons providing it must be established.

      Sec. 6.  NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and sections 3 and 4 of this act, have the meanings ascribed to them in those sections.

      Sec. 7.  NRS 450B.025 is hereby amended to read as follows:

      450B.025  “Advanced emergency medical technician” means a person:

      1.  Trained in advanced emergency medical care in a training program approved by the board; and

      2.  Certified by the [state] health officer as having satisfactorily completed the training program.

      Sec. 8.  NRS 450B.060 is hereby amended to read as follows:

      450B.060  “Board means :

      1.  In a county whose population is less than 100,000, the state board of health.

      2.  In a county whose population is 100,000 or more, the county or district board of health.

      Sec. 9.  NRS 450B.065 is hereby amended to read as follows:

      450B.065  “Emergency medical technician” means a person:

      1.  Trained in basic emergency medical care in a training program approved by the board; and

      2.  Certified by the [state] health officer as having satisfactorily completed the training program.

      Sec. 10.  NRS 450B.070 is hereby amended to read as follows:

      450B.070  “Emergency medical technician certificate” means the certificate issued by the health [division] authority acknowledging successful completion of an approved course for an emergency medical technician at the level identified on the certificate.

      Sec. 11.  NRS 450B.085 is hereby amended to read as follows:

      450B.085  [As used in this chapter, “intermediate] “Intermediate emergency medical technician” means a person:

      1.  Trained in intermediate emergency medical care in a training program approved by the board; and

      2.  Individually certified by the [state] health officer as having satisfactorily completed the training program.

      Sec. 12.  NRS 450B.090 is hereby amended to read as follows:

      450B.090  “License” means the license issued by the health [division] authority under the provisions of this chapter to an attendant of an ambulance or an air ambulance or to a fireman employed by or serving as a volunteer with a fire-fighting agency.


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ê1993 Statutes of Nevada, Page 2829 (Chapter 650, SB 461)ê

 

      Sec. 13.  NRS 450B.100 is hereby amended to read as follows:

      450B.100  “Permit” means the permit issued by the health [division] authority under the provisions of this chapter to:

      1.  A person, agency of the state or political subdivision to own or operate an ambulance or air ambulance in the State of Nevada; or

      2.  A fire-fighting agency to provide intermediate or advanced medical care at the scene of an emergency.

      Sec. 14.  NRS 450B.130 is hereby amended to read as follows:

      450B.130  1.  The board shall adopt regulations establishing reasonable minimum standards for:

      [1.  Training and qualification of attendants and firemen if the board determines that those regulations are necessary in addition to the statutory requirements for licensing those persons;

      2.](a) Sanitation in ambulances and air ambulances;

      [3.](b) Medical and nonmedical equipment and supplies to be carried in ambulances and air ambulances and medical equipment and supplies to be carried in vehicles of a fire-fighting agency;

      [4.](c) Interior configuration, design and dimensions of ambulances placed in service after July 1, 1979;

      [5.](d) Permits for operation of ambulances, air ambulances and vehicles of a fire-fighting agency;

      [6.](e) Records to be maintained by an operator of an ambulance or air ambulance or by a fire-fighting agency; and

      [7.](f) Treatment of patients who are critically ill or in urgent need of treatment.

      2.  The health officers of this state shall jointly adopt regulations to establish the minimum standards for the certification of emergency medical technicians. Upon adoption of the regulations, each health authority shall adopt the regulations for its jurisdiction. After each health authority adopts the regulations, the standards established constitute the minimum standards for certification of emergency medical technicians in this state. Any changes to the minimum standards must be adopted jointly by the health officers and by each health authority in the manner set forth in this subsection. Any changes in the minimum standards which are not adopted in the manner set forth in this subsection are void.

      3.  A health officer may adopt regulations that impose additional requirements for the certification of emergency medical technicians in his jurisdiction, but he must accept the certification of an emergency medical technician from the jurisdiction of another health officer as proof that the emergency medical technician has met the minimum requirements for certification.

      Sec. 15.  NRS 450B.140 is hereby amended to read as follows:

      450B.140  1.  In adopting regulations under NRS 450B.120 and 450B.130, the board may use standards and regulations proposed by:

      (a) The committee on trauma of the American College of Surgeons;

      (b) The United States Department of Transportation;

      (c) The United States Public Health Service;

      (d) The Bureau of Health Insurance of the Social Security Administration;

      (e) The American Academy of Orthopaedic Surgeons;

      (f) The National Academy of Sciences – National Research Council;


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ê1993 Statutes of Nevada, Page 2830 (Chapter 650, SB 461)ê

 

      (g) The American Heart Association; and

      (h) Regional, state and local emergency medical services committees and councils.

      2.  The board may establish different standards for commercial, volunteer, industrial and other categories of ambulances [, attendants] and fire-fighting agencies [and firemen] to reflect different circumstances and in the public interest.

      Sec. 16.  NRS 450B.150 is hereby amended to read as follows:

      450B.150  1.  [Except as otherwise provided in subsection 2, the health division] The health authority shall administer and enforce the provisions of this chapter . [and the regulations, standards and procedures of the board established pursuant to the provisions of this chapter.

      2.  In a county whose population is 100,000 or more, the county or district board of health shall:

      (a) Adopt regulations, standards and procedures for the administration of this chapter; and

      (b) Administer and enforce the provisions of this chapter.

The county or district board of health in those counties may perform all duties and exercise all powers of the health division pursuant to this chapter, except those duties and powers set forth in NRS 450B.236 to 450B.239, inclusive.

      3.  Except as otherwise provided in subsection 2, the health division]

      2.  The health authority and its authorized agents shall enter upon and inspect, in a reasonable manner and during reasonable business hours, the premises and vehicles of persons and governmental entities providing services regulated pursuant to the provisions of this chapter.

      Sec. 17.  NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health [division] authority may issue licenses to attendants and to firemen employed by or serving as volunteers with a fire-fighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

      3.  An applicant for a license must file with the health [division:] authority:

      (a) A current, valid certificate evidencing his successful completion of a program or course for training in emergency medical technology, if he is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

      (b) A current valid certificate evidencing his successful completion of a program for training as an intermediate emergency medical technician or advanced emergency medical technician if he is applying for a license as a fireman with a fire-fighting agency.

      (c) A signed statement showing:

             (1) His name and address;

             (2) His employer’s name and address; and

             (3) A description of his duties.

      (d) Such other certificates for training and such other items as the board may specify.

      4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.


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ê1993 Statutes of Nevada, Page 2831 (Chapter 650, SB 461)ê

 

      5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health [division] authority a complete list of the licensed persons in its service.

      6.  Licensed physicians, registered nurses and certified physicians’ assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of nursing. A certified physicians’ assistant who performs advanced emergency care in an ambulance or air ambulance must perform the care in accordance with the regulations of the state board of medical examiners. [In addition:

      (a) Each registered nurse and certified physicians’ assistant who performs such care shall comply with all applicable regulations adopted pursuant to this chapter regarding the provision of emergency medical service.

      (b) Except as otherwise provided in this subsection, each]

      7.  Each licensed physician, registered nurse and certified physicians’ assistant who serves as an attendant must have current certification of completion of [a course in:

             (1)] training in:

      (a) Advanced life-support procedures for patients who require cardiac care;

             [(2)](b) Life-support procedures for pediatric patients who require cardiac care; or

             [(3)](c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

The certification must be issued by [a national organization which is nationally recognized for issuing such certification and is approved by the board. In lieu of having such current certification, the board may accept proof of the successful completion of equivalent training that is approved by the board.] the board of medical examiners for a physician or certified physician’s assistant or by the state board of nursing for a registered nurse.

      8.  The board of medical examiners and the state board of nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, certified physician’s assistant or registered nurse attends:

      (a) A course offered by a national organization which is nationally recognized for issuing such certification;

      (b) Training conducted by the operator of an ambulance or air ambulance; or

      (c) Any other course or training,

approved by the board of medical examiners or the state board of nursing, whichever is issuing the certificate. The board of medical examiners and the state board of nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, certified physician’s assistant or registered nurse who primarily serves as an attendant in a county whose population is 400,000 or more.

      Sec. 18.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician must apply to the health [division] authority using forms prescribed by the health [division.] authority.


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

ê1993 Statutes of Nevada, Page 2832 (Chapter 650, SB 461)ê

 

      2.  The health [division,] authority, under regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

      3.  A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.

      4.  The health [division] authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board.

      5.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician.

      6.  A certificate issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health.

      7.  The health division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the health division or a county or district board of health.

      Sec. 19.  NRS 450B.190 is hereby amended to read as follows:

      450B.190  1.  The health [division] authority may, at its discretion, issue a provisional license as an attendant to a person who does not meet the qualifications established pursuant to this chapter, if the health [division] authority determines that such issuance will be in the public interest.

      2.  A provisional license as an attendant must not be made valid for more than 1 year from the date of issuance and is not renewable.

      Sec. 20.  NRS 450B.1905 is hereby amended to read as follows:

      450B.1905  1.  A program for training in the basic care of a patient in urgent need of medical care or observation must be:

      (a) Supervised by a physician and approved by the health [division;] authority; or

      (b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.

      2.  Except as otherwise provided in subsections 3 and 4, training in basic care must include:

      (a) Procedures to establish and maintain an open airway in a patient;

      (b) Administration of oxygen, both manually and by a device which uses intermittent positive pressure;

      (c) Cardiopulmonary resuscitation;

      (d) Treatment of shock;

      (e) Control of bleeding;

      (f) Treatment of wounds;

      (g) Application of splints;

      (h) Treatment for poisoning;

      (i) Childbirth; and

      (j) Rescue.

      3.  A program for training in the basic care of a patient may follow the curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.


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ê1993 Statutes of Nevada, Page 2833 (Chapter 650, SB 461)ê

 

      4.  The board may adopt regulations which prescribe other requirements for training in the basic care of a patient in urgent need of medical care or observation.

      5.  An owner of an ambulance shall not offer basic care of a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training in such care or is exempt, pursuant to subsection 6 of NRS 450B.160, from the requirement to obtain that training.

      6.  The board may by regulation prescribe additional requirements for receiving and maintaining certification in basic emergency care. The curriculum for training must be:

      (a) At the level of advanced first aid; or

      (b) At least equivalent to any curriculum prepared by the Department of Transportation as a national standard for emergency medical technicians.

      Sec. 21.  NRS 450B.191 is hereby amended to read as follows:

      450B.191  1.  A program of training in intermediate emergency care of a patient in urgent need of medical care or observation must be conducted by a licensed physician and approved by the health [division.] authority.

      2.  A program [for] of training for an intermediate emergency medical technician must include an approved curriculum in intravenous therapy and the management of a passage for air to the lungs. Only a certified emergency medical technician with experience as established by the board is eligible for this training.

      3.  In order to maintain his certification, each intermediate emergency medical technician must annually:

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in intermediate emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for intermediate emergency medical technicians.

      5.  A person shall not represent himself to be an intermediate emergency medical technician unless he has on file with the health [division] authority a currently valid certificate demonstrating successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or fireman shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, intermediate emergency care without fulfilling the requirements established by the board.

      Sec. 22.  NRS 450B.195 is hereby amended to read as follows:

      450B.195  1.  Only a certified emergency medical technician who is a licensed attendant or a fireman with experience as established by the board is eligible for training as an advanced emergency medical technician.

      2.  A program of training in advanced emergency care for advanced emergency medical technicians must be conducted by a licensed physician and approved by the health [division.] authority.

      3.  In order to maintain his certification, each advanced emergency medical technician must annually:


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ê1993 Statutes of Nevada, Page 2834 (Chapter 650, SB 461)ê

 

      (a) Comply with the requirements established by the board for continuing medical education; and

      (b) Demonstrate his skills as required by regulation of the board.

      4.  The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification in advance emergency care. The curriculum must be at least equivalent to any curriculum prepared by the Department of Transportation as a national standard for advanced emergency medical technicians.

      5.  A person shall not represent himself to be an advanced emergency medical technician unless he has on file with the health [division] authority a currently valid certificate evidencing his successful completion of the program of training required by this section.

      6.  Except as authorized by subsection 6 of NRS 450B.160, an attendant or fireman shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency must not offer, advanced emergency care without fulfilling the requirements established by the board.

      Sec. 23.  NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health [division] authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.

      2.  Each permit must be evidenced by a card issued to the holder of the permit.

      3.  No permit may be issued unless the applicant is qualified under the regulations of the board.

      4.  An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:

      (a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;

      (b) The name under which the applicant is doing business or proposes to do business, if applicable;

      (c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance, air ambulance or vehicle;

      (d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and

      (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board shall establish a reasonable fee for annual permits.

      6.  All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.

      7.  The health [division] authority shall:

      (a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or


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

ê1993 Statutes of Nevada, Page 2835 (Chapter 650, SB 461)ê

 

      (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,

only after the holder of a permit is afforded an opportunity for a public hearing before the board.

      8.  The health [division] authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.

      9.  The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or [government] governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

      10.  A permit issued pursuant to this section is valid throughout the state, whether issued by the health division or a county or district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the county or district board of health in a county whose populations is 100,000 or more is not required to obtain a permit from the health division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.

      11.  The health division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the health division or a county or district board of health.

      Sec. 24.  NRS 450B.220 is hereby amended to read as follows:

      450B.220  Subsequent to issuance of any permit under NRS 450B.200 and 450B.210, the health [division] authority shall cause to be inspected the ambulances, aircraft, vehicles, medical supplies, equipment, personnel, records, premises and operational procedures of a holder of a permit whenever that inspection is deemed necessary, but no less frequently than once each year. The periodic inspection required by this section is in addition to any other state or local inspections required for ambulances, aircraft or motor vehicles under statute or ordinances.

      Sec. 25.  NRS 450B.235 is hereby amended to read as follows:

      450B.235  1.  Each public and private owner of an ambulance or air ambulance shall file his schedule of rates with the health [division.] authority. Any change in a schedule must be filed before the change becomes effective.

      2.  The health [division] authority shall keep each schedule of rates or changes filed with it for at least 3 years after the schedule has been superseded or otherwise become ineffective.

      Sec. 26.  NRS 450B.237 is hereby amended to read as follows:

      450B.237  1.  The state board of health shall establish a program for treating persons who require treatment for trauma and for transporting and admitting such persons to centers for the treatment of trauma. The program must provide for the development, operation and maintenance of a system of communication to be used in transporting such persons to the appropriate centers.

      2.  The state board of health shall adopt regulations which establish the standards for the designation of hospitals as centers for the treatment of trauma. The state board of health shall consider the standards adopted by the American College of Surgeons for a center for the treatment of trauma as a guide for such regulations.


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

ê1993 Statutes of Nevada, Page 2836 (Chapter 650, SB 461)ê

 

American College of Surgeons for a center for the treatment of trauma as a guide for such regulations. The administrator of the health division shall not approve a proposal to designate a hospital as a center for the treatment of trauma unless the hospital meets the standards.

      3.  Upon approval by the administrator of the health division of a proposal to designate a hospital as a center for the treatment of trauma, he shall issue written approval which designates the hospital as such a center. As a condition of continuing designation the hospital must comply with the following requirements:

      (a) The hospital must admit any injured person who requires medical care.

      (b) Any physician who provides treatment for trauma must be qualified to provide that treatment.

      (c) The hospital must maintain the standards specified in the regulations adopted pursuant to subsection 2.

      Sec. 27.  NRS 450B.238 is hereby amended to read as follows:

      450B.238  The state board of health shall adopt regulations which require each hospital to record and maintain information concerning the treatment of trauma in the hospital. The board shall consider the guidelines adopted by the American College of Surgeons which concern the information which must be recorded.

      Sec. 28.  NRS 450B.240 is hereby amended to read as follows:

      450B.240  1.  A person or [government] governmental entity shall not engage in the operation of any ambulance or air ambulance service in this state without a currently valid permit for that service issued by the health [division.] authority.

      2.  A fire-fighting agency shall not provide intermediate or advanced medical care at the scene of an emergency without a currently valid permit for that care issued by the health [division.] authority.

      Sec. 29.  NRS 450B.250 is hereby amended to read as follows:

      450B.250  Except as otherwise provided in this chapter, a person shall not serve as an attendant on any ambulance or air ambulance and a fireman shall not provide intermediate or advanced medical care at the scene of an emergency unless he holds a currently valid license issued by the health [division] authority under the provisions of this chapter.

      Sec. 30.  NRS 450B.255 is hereby amended to read as follows:

      450B.255  A person shall not represent himself to be an emergency medical technician unless he has been issued a currently valid certificate as an emergency medical technician by the health [division.] authority.

      Sec. 31.  NRS 450B.265 is hereby amended to read as follows:

      450B.265  1.  Except as otherwise provided in subsection 2, a fire-fighting agency or an owner, operator, director or chief officer of an ambulance shall not represent, advertise or imply that it:

      (a) Is authorized to provide advanced emergency care; or

      (b) [Utilizes] Uses the services of an advanced emergency medical technician,

unless the service has a currently valid permit to provide advanced emergency care issued by the health [division.] authority.

      2.  Any service in a county whose population is less than 400,000, that holds a valid permit for the operation of an ambulance but is not authorized by the health [division] authority to provide advanced emergency care may represent, for billing purposes, that its ambulance provided advanced emergency care if:

 


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ê1993 Statutes of Nevada, Page 2837 (Chapter 650, SB 461)ê

 

by the health [division] authority to provide advanced emergency care may represent, for billing purposes, that its ambulance provided advanced emergency care if:

      (a) A registered nurse employed by a hospital rendered advanced emergency care to a patient being transferred from the hospital by the ambulance; and

      (b) The equipment deemed necessary by the health [division] authority for the provision of advanced emergency care was on board the ambulance at the time the registered nurse rendered advanced emergency care.

      3.  A hospital that employs a registered nurse who renders the care described in subsection 2 is entitled to reasonable reimbursement for the services rendered by the nurse.

      Sec. 32.  NRS 450B.268 is hereby amended to read as follows:

      450B.268  An applicant for any permit, license or certificate issued pursuant to this chapter shall furnish to the health [division] authority a complete set of his fingerprints and written permission authorizing the health [division] authority to forward those fingerprints to the Federal Bureau of Investigation for its report. The health [division] authority may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant.

      Sec. 33.  NRS 450B.270 is hereby amended to read as follows:

      450B.270  Each holder of a permit shall maintain accurate records upon such forms as may be provided by the health [division] authority and containing such information as may be reasonably required by the board concerning the care or transportation of each patient, or both, within this state and beyond its limits. These records must be available for inspection by the health [division] authority at any reasonable time and copies thereof must be furnished to the health [division] authority upon request. This record does not constitute a diagnosis, and a legal signature is not required on forms dealing with the type of injury sustained by a particular patient. The health [division] authority shall compile and provide a summary of this information.

      Sec. 34.  NRS 450B.300 is hereby amended to read as follows:

      450B.300  1.  This [act] chapter does not preclude local authorities in a county whose population is less than 100,000 from adopting more restrictive rules or regulations than those adopted by the state board of health pursuant to the provisions of this chapter.

      2.  No local authority in a county whose population is less than 100,000 may adopt rules or regulations less restrictive than those established by the [board.] state board of health.

      3.  The state board of health shall determine whether [local] rules and regulations adopted by a local authority in a county whose population is less than 100,000 are less or more restrictive than those adopted by the state board [.] of health.

      Sec. 35.  NRS 450B.320 is hereby amended to read as follows:

      450B.320  The health [division] authority may operate training programs and may contract with others to operate training programs for ambulance attendants, ambulance service operators, firemen, law enforcement officers, physicians, nurses and others in emergency first aid, emergency care and any other techniques associated with emergency care, transportation and treatment of the sick and injured and the proper operation of an ambulance service.


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

ê1993 Statutes of Nevada, Page 2838 (Chapter 650, SB 461)ê

 

other techniques associated with emergency care, transportation and treatment of the sick and injured and the proper operation of an ambulance service.

      Sec. 36.  NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

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

      3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, dentist, podiatrist or advanced practitioner of nursing, or pursuant to a chart order, may possess and administer a controlled substance furnished for administration to a patient at another location.

      [5.]4.  An advanced emergency medical technician [as] :

      (a) As authorized by regulation of [the] :

             (1) The state board of health is a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and [in]

      (b) In accordance with any application regulations of [the] :

             (1) The state board of health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or [a]

             (3) A district board of health created pursuant to NRS 439.370 [.

      6.] in any county.

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

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

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

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

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

      [8.]7.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      [9.]8.  Any person designated by the head of a correctional institution.

      [10.]9.  An animal technician at the direction of his supervising veterinarian.

      [11.]10.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      Sec. 37.  NRS 453.510 is hereby amended to read as follows:

      453.510  1.  A practitioner may purchase supplies of controlled substances from a pharmacy by:


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

ê1993 Statutes of Nevada, Page 2839 (Chapter 650, SB 461)ê

 

      (a) Making an oral order to the pharmacy or transmitting an oral order through his agent, except an order for a controlled substance in schedule II; or

      (b) Presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration or transmitting such an order through his agent.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in [his absence,] the absence of either, by the state health officer or his designated medical director of emergency medical services, may sell to a person or agency described in subsection 3 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:

      (a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301;

      (b) The person in charge of the controlled substances is:

             (1) An advanced emergency medical technician appropriately certified by the health authority;

             (2) A registered nurse licensed by the state board of nursing; or

             (3) A person who holds equivalent certification of licensure issued by another state; and

      (c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician or initiated by an oral order and may be made by the person or agency or transmitted by an agent of such a person or agency. An order for a controlled substance listed in schedule II must be made pursuant to NRS 453.251.

      3.  A hospital pharmacy or a pharmacy qualified pursuant to subsection 2 may sell controlled substances for the purposes described in subsection 2 to:

      (a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210;

      (b) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210; and

      (c) An agency of the Federal Government that provides emergency care or transportation and is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301.

      4.  The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 38.  NRS 454.213 is hereby amended to read as follows:

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

      1.  A practitioner.

      2.  A physician’s assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, dentist, podiatrist or advanced practitioner of nursing, or pursuant to a chart order, may possess and administer such a drug or medicine furnished for administration to a patient at another location.


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

ê1993 Statutes of Nevada, Page 2840 (Chapter 650, SB 461)ê

 

or advanced practitioner of nursing, or pursuant to a chart order, may possess and administer such a drug or medicine furnished for administration to a patient at another location.

      4.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of [the] :

      (a) The state board of health in a county whose population is less than 100,000;

      (b) A county board of health in a county whose population is 100,000 or more; or [a]

      (c) A district board of health created pursuant to NRS 439.370 [.] in any county.

      5.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      6.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

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

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

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

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

      8.  Any person designated by the head of a correctional institution.

      9.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      10.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

      11.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

      12.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      13.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      14.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.


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

ê1993 Statutes of Nevada, Page 2841 (Chapter 650, SB 461)ê

 

      15.  An animal technician at the direction of his supervising veterinarian.

      Sec. 39.  NRS 454.221 is hereby amended to read as follows:

      454.221  1.  Any person who furnishes any dangerous drug except upon the prescription of a practitioner shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, unless the dangerous drug was obtained originally by a legal prescription.

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

      (a) A practitioner to his own patients;

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

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

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

      (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in [his absence,] the absence of either, by the state health officer or his designated medical director of emergency medical services, to a person or agency described in subsection 3 of NRS 453.510 to stock ambulances or other authorized vehicles or replenish the stock; or

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

      Sec. 40.  NRS 454.279 is hereby amended to read as follows:

      454.279  1.  A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy.

      2.  A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs may sell to:

      (a) The holder of a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210, in accordance with any applicable regulations adopted by [the] :

             (1) The state board of health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or [a]

             (3) A district board of health created pursuant to NRS 439.370 [;] in any county within its jurisdiction;

      (b) A nonprofit search and rescue organization that regularly provides emergency care to injured and sick persons, including an organization that patrols ski areas;

      (c) A governmental agency, including an agency of the Federal Government, or a person authorized by contract to act on behalf of such an agency, if such a person or agency regularly provides emergency care to injured and sick persons; and

 


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ê1993 Statutes of Nevada, Page 2842 (Chapter 650, SB 461)ê

 

such a person or agency regularly provides emergency care to injured and sick persons; and

      (d) The holder of a permit issued by another state which is substantially similar to a permit issued pursuant to the provisions of NRS 450B.200 or 450B.210,

supplies of dangerous drugs to stock their ambulances or other authorized vehicles or places of storage, or to replenish the stock, if the person in charge of the dangerous drugs is an intermediate emergency medical technician or advanced emergency medical technician who is appropriately certified [by the health division of the department of human resources or a health district created pursuant to NRS 439.370,] pursuant to chapter 450B of NRS, a registered nurse who is licensed by the state board of nursing or a person who holds equivalent certification or licensure issued by another state.

      3.  A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs who sells supplies pursuant to this section shall maintain a record of each sale which must contain:

      (a) The date of the sale;

      (b) The name, address and signature of the purchaser or the person receiving the delivery;

      (c) The name of the dispensing pharmacist;

      (d) The name and address of the authorizing practitioner; and

      (e) The name, strength and quantity of each drug sold.

      4.  A pharmacy, institutional pharmacy or other person licensed by the board to furnish dangerous drugs who supplies the initial stock for an ambulance or other emergency vehicle shall comply with [the] any applicable regulations adopted by the state board of health , or a county or district board of health, pursuant to NRS 450B.120.

      5.  The state board of pharmacy shall adopt additional regulations, consistent with the provisions of this chapter, regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 41.  NRS 652.210 is hereby amended to read as follows:

      652.210  No person other than a licensed physician, a licensed practical nurse, a registered nurse , a certified physician’s assistant, a certified intermediate emergency medical technician, a certified advanced emergency medical technician or a licensed dentist may manipulate a person for the collection of specimens, except that technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 42.  Sections 15, 18, 19, 20, 34 and 36 of this act become effective at 12:01 a.m. on October 1, 1993.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2843ê

 

CHAPTER 651, SB 421

Senate Bill No. 421–Committee on Commerce and Labor

CHAPTER 651

AN ACT relating to public health; prohibiting the placement of cigarette vending machines in certain public areas; providing for the imposition, collection and use of the proceeds of a civil penalty for the smoking of tobacco in certain public places; increasing the criminal penalty for and making various changes regarding the enforcement of the prohibition against smoking in certain public places; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in NRS 202.249 to 202.2493, inclusive, and sections 2, 3 and 4 of this act, “health authority” means the district health officer in a district, or his designee, or, if none, the state health officer, of his designee.

      Sec. 3.  A cigarette vending machine must not be placed in a public area described in paragraph (a), (c), (e), (f), (g) or (h) of subsection 1 of NRS 202.2491, if minors are permitted access to that area.

      Sec. 4.  1.  In addition to any criminal penalty, a person who violates NRS 202.2491 is liable for a civil penalty of $100 for each violation.

      2.  A health authority within whose jurisdiction a violation of NRS 202.2491 is committed shall:

      (a) Collect the civil penalty, and may commence a civil proceeding for that purpose; and

      (b) Deposit any money he collects pursuant to this section with the state treasurer for credit to the account for health education for minors, which is hereby created in the state general fund.

      3.  The superintendent of public instruction:

      (a) Shall administer the account for health education for minors; and

      (b) May, with the advice of the state health officer, expend money in the account only for programs of education for minors regarding human health.

      4.  The interest and income earned on the money in the account for health education for minors, after deducting any applicable charges, must be credited to the account.

      5.  All claims against the account for health education for minors must be paid as other claims against the state are paid.

      Sec. 5.  NRS 202.249 is hereby amended to read as follows:

      202.249  1.  It is the public policy of the State of Nevada and the purpose of NRS 202.2491 and 202.2492 to place restrictions on the smoking of tobacco in public places to protect human health and safety.

      2.  The quality of air is declared to be affected with the public interest and NRS 202.2491 and 202.2492 are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

      3.  [The county board of health of each county] Health authorities, police officers of cities or towns, sheriffs and their deputies, and other peace officers of this state shall , within their respective jurisdictions, enforce the provisions of NRS 202.2491 [and 202.2492.]


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ê1993 Statutes of Nevada, Page 2844 (Chapter 651, SB 421)ê

 

of this state shall , within their respective jurisdictions, enforce the provisions of NRS 202.2491 [and 202.2492.] , 202.2492 and 202.2493. The governing body of a local government [may] shall not impose more stringent restrictions on the smoking of tobacco than are provided by [those sections.] NRS 202.2491 and 202.2492.

      Sec. 6.  NRS 202.2492 is hereby amended to read as follows:

      202.2492  1.  A person who violates NRS 202.2491 [shall be fined not less than $10 nor more than $100.] is guilty of a misdemeanor.

      2.  In each health district, the district health officer shall, and, for areas of this state which are not within a health district, the state health officer shall, designate one or more of his employees to prepare, sign and serve written citations on persons accused of violating NRS 202.2491. Such an employee:

      (a) May exercise the authority to prepare, sign and serve those citations only within the geographical jurisdiction of the district or state health officer by which he is employed; and

      (b) Shall comply with the provisions of NRS 171.1773.

 

________

 

 

CHAPTER 652, SB 415

Senate Bill No. 415–Senator Shaffer

CHAPTER 652

AN ACT relating to motor vehicles; requiring the department of motor vehicles and public safety to solicit certain information concerning veterans when issuing or renewing drivers’ licenses or when issuing identification cards; requiring the department to make certain of the information available to the commissioner for veteran affairs; making an appropriation; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.290 is hereby amended to read as follows:

      483.290  1.  Every application for an instruction permit or for a driver’s license must:

      (a) Be made upon a form furnished by the department. The form must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has [theretofore] ever been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.


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

ê1993 Statutes of Nevada, Page 2845 (Chapter 652, SB 415)ê

 

ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include such other information as the department may require to determine the applicant’s competency and eligibility.

      2.  Every applicant shall furnish proof of his age by displaying:

      (a) If the applicant was born in the United States, a birth certificate, baptismal certificate or other proof acceptable to the department, including, but not limited to, a driver’s license issued by another state or the District of Columbia; or

      (b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a driver’s license issued by another state or the District of Columbia, or a passport.

      3.  At the time of applying for a driver’s license, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      4.  Every applicant who has been assigned a social security number shall furnish proof of his social security number by displaying:

      (a) An original card issued to the applicant by the Social Security Administration bearing the applicant’s social security number; or

      (b) Other proof acceptable to the department, including, but not limited to, records of employment or federal income tax returns.

      Sec. 2.  NRS 483.382 is hereby amended to read as follows:

      483.382  1.  No later than 30 days before the expiration of his license, the drivers’ license division of the department shall mail to each licensee who has not already renewed his license an expiration notice.

      2.  The department shall prepare a form for an application for a renewal license, which must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

      3.  The department may require an applicant for a renewal license successfully to pass such additional test as the department finds reasonably necessary to determine his qualification according to the type or class of license applied for.

      Sec. 3.  NRS 483.400 is hereby amended to read as follows:

      483.400  1.  The department shall maintain files of applications for licenses. Such files [shall] must contain:

      (a) All applications denied and on each [thereof note] , notes regarding the reasons for such denial.

      (b) All applications granted.

      (c) The name of every licensee whose license has been suspended or revoked by the department and after each such name [note] , notes regarding the reasons for such action.

      2.  The department shall, from information voluntarily provided on applications, maintain records of the number of and approximate dates that applicants for licenses, license renewals and identification cards in each county have served on active duty in the Armed Forces of the United States. The department shall make available the information contained in the records to the commissioner for veteran affairs, except that the department shall not include any personal information that may reveal the identity or address of any person.


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

ê1993 Statutes of Nevada, Page 2846 (Chapter 652, SB 415)ê

 

department shall make available the information contained in the records to the commissioner for veteran affairs, except that the department shall not include any personal information that may reveal the identity or address of any person.

      3.  The department shall [also] file all accident reports and abstracts of court records of convictions received by it under the laws of this state, and [in connection therewith] maintain convenient records or make suitable notations [in order] so that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he was involved [shall be] are readily ascertainable and available for the consideration of the department upon any application for renewal of a license and at other suitable times.

      Sec. 4.  NRS 483.850 is hereby amended to read as follows:

      483.850  1.  Every application for an identification card must be made upon a form provided by the department and must include:

      (a) The applicant’s full name.

      (b) His social security number, if any.

      (c) His date of birth.

      (d) His state of legal residence.

      (e) His current address.

      (f) A statement that he does not possess a valid Nevada driver’s license. The form for the application must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

      2.  When the form is completed, the applicant shall sign the form and verify the contents before a person authorized to administer oaths.

      3.  At the time of applying for an identification card, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      Sec. 5.  NRS 486.081 is hereby amended to read as follows:

      486.081  1.  Every application for a motorcycle driver’s license must be made upon a form furnished by the department and must be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge. The form for the application must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

      2.  Every application must:

      (a) State the full name, date of birth, sex and residence address of the applicant;

      (b) Briefly describe the applicant;

      (c) State whether the applicant has previously been licensed as a driver, and, if so, when and by what state or country;

      (d) State whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal; and

      (e) Give such other information as the department requires to determine the applicant’s competency and eligibility.


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

ê1993 Statutes of Nevada, Page 2847 (Chapter 652, SB 415)ê

 

      3.  Every applicant shall furnish proof of his age by displaying:

      (a) If he was born in the United States, a certified state-issued birth certificate, baptismal certificate, driver’s license issued by another state or the District of Columbia or other proof acceptable to the department; or

      (b) If he was born outside the United States, a:

             (1) Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the Department of Justice;

             (2) Report of Birth Abroad of a United States Citizen Child issued by the Department of State;

             (3) Driver’s license issued by another state or the District of Columbia; or

             (4) Passport.

      Sec. 6.  NRS 486.161 is hereby amended to read as follows:

      486.161  1.  Except as provided in subsection 4, every motorcycle driver’s license expires on the fourth anniversary of the licensee’s birthday, measured in the case of an original license, a renewal license or a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth is February 29 is, for the purposes of NRS 486.011 to 486.381, inclusive, considered to have the anniversary of his birth fall on February 28. Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.

      2.  Every license is renewable at any time before its expiration upon application and payment of the required fee. [Every motorcycle endorsement to a driver’s license issued on or after January 1, 1972, expires simultaneously with the expiration of the driver’s license.] The department shall prepare a form for an application for renewal, which must include a request and space for the applicant to state, if he so desires, whether he has ever served on active duty in the Armed Forces of the United States, and, if so, the date of service.

      3.  Except as otherwise provided in subsection 1 of NRS 483.384, each applicant for renewal shall appear before an examiner for a driver’s license and successfully pass a test of his eyesight.

      4.  Any person who has been issued a driver’s license without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass a driving test conducted by the department and have the authority endorsed upon his license.

      Sec. 7.  The department of motor vehicles and public safety shall, before January 1, 1995, provide to the director of the legislative counsel bureau, for dissemination to the legislature, a report of the information obtained pursuant to the amendatory provisions of this act.

      Sec. 8.  1.  There is hereby appropriated from the state highway fund, created pursuant to NRS 408.235, to the department of motor vehicles and public safety the sum of $4,600 to carry out the provisions of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1995, and reverts to the state highway fund as soon as all payments of money committed have been made.


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

ê1993 Statutes of Nevada, Page 2848 (Chapter 652, SB 415)ê

 

      Sec. 9.  1.  This section and section 8 of this act become effective on July 1, 1993.

      2.  Sections 1 to 7, inclusive, of this act become effective on October 1, 1993.

      3.  Sections 1 to 6, inclusive, of this act expire by limitation on July 1, 1995.

 

________

 

 

CHAPTER 653, SB 405

Senate Bill No. 405–Senators Titus, Callister, Glomb and Brown

CHAPTER 653

AN ACT relating to actions concerning persons; providing immunity from civil action for a communication made in good faith to a governmental entity; clarifying that a witness in a legislative proceeding has an absolute privilege to publish defamatory matter relevant to a proceeding; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 5, inclusive, of this act, “political subdivision” has the meaning ascribed to it in NRS 41.0305.

      Sec. 3.  A person who in good faith communicates a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity is immune from civil liability on claims based upon the communication.

      Sec. 4.  In any civil action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision regarding a matter reasonably of concern to the respective governmental entity, the attorney general or other legal representative of the state or the legal representative of the political subdivision may provide for the defense of the action on behalf of the person who communicated the complaint or information. If the legal representative of a political subdivision does not provide for the defense of such an action relating to a communication to a legislator, officer or employee of the political subdivision, the attorney general may provide for the defense of the action.

      Sec. 5.  1.  Except as otherwise provided in subsection 2, the party prevailing in an action brought against a person who in good faith communicated a complaint or information to a legislator, officer or employee of this state or of a political subdivision, or to a legislator, officer or employee of the Federal Government, regarding a matter reasonably of concern to the respective governmental entity is entitled to reasonable costs and attorney’s fees.

      2.  If a legal representative of this state or of a political subdivision provides the defense in such an action, the state or political subdivision:


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

ê1993 Statutes of Nevada, Page 2849 (Chapter 653, SB 405)ê

 

      (a) If the legal representative prevails, is entitled to reasonable costs and attorney’s fees; or

      (b) If the legal representative does not prevail, must pay reasonable costs and attorney’s fees.

      Sec. 6.  Chapter 218 of NRS is hereby amended by adding thereto a new section to read as follows:

      A witness is absolutely privileged to publish defamatory matter as part of a legislative proceeding in which he is testifying or in communications to a legislator preliminary to the proceeding, if the matter has some relation to the proceeding. It is unlawful to misrepresent any fact knowingly when testifying or otherwise communicating to a legislator.

      Sec. 7.  The legislature hereby finds and declares that the privilege added by section 6 of this act is declaratory and not in derogation of the common law, and that this act is therefore a clarification of existing law.

      Sec. 8.  This act becomes effective upon passage and approval and applies to actions commenced before the effective date of this act if a final judgment has not been entered in the action.

 

________

 

 

CHAPTER 654, SB 347

Senate Bill No. 347–Committee on Natural Resources

CHAPTER 654

AN ACT relating to air pollution; making various statutory changes in compliance with the federal Clean Air Act; creating an account for the management of air quality; authorizing the referral of certain offenses to the attorney general or district attorney for prosecution; providing penalties; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  “Hazardous air pollutant” means a substance designated as such by the commission pursuant to section 23 of this act.

      Sec. 2.5.  “Operating permit” means a permit signed and issued by the director approving, with conditions, the construction and operation of a source of any air contaminant.

      Sec. 3.  1.  The account for the management of air quality is hereby created in the state general fund, to be administered by the department.

      2.  Money in the account for the management of air quality must be expended only:

      (a) To carry out and enforce the provisions of NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, and of any regulations adopted pursuant to those sections, including without limitation, the direct and indirect costs of:


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ê1993 Statutes of Nevada, Page 2850 (Chapter 654, SB 347)ê

 

             (1) Preparing regulations and recommendations for legislation regarding those provisions;

             (2) Furnishing guidance for compliance with those provisions;

             (3) Reviewing and acting upon applications for operating permits;

             (4) Administering and enforcing the terms and conditions of operating permits;

             (5) Monitoring emissions and the quality of the ambient air;

             (6) Preparing inventories and tracking emissions;

             (7) Performing modeling, analyses and demonstrations; and

             (8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; and

      (b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act.

      3.  Claims against the account for the management of air quality must be paid as other claims against the state are paid.

      Sec. 4.  1.  A person shall not knowingly:

      (a) Violate any applicable provision, the terms or conditions of any permit or any provision for the filing of information;

      (b) Fail to pay any fee;

      (c) Falsify any material statement, representation or certification in any notice or report; or

      (d) Render inaccurate any monitoring device or method,

required pursuant to the provisions of NRS 445.401 to 445.526, inclusive, or 445.546 to 445.601, inclusive, sections 2 to 4, inclusive, of this act, or any regulation adopted pursuant to those provisions.

      2.  Any person who violates any provision of subsection 1 shall be punished by a fine of not more than $10,000 for each day of the violation.

      3.  The burden of proof and degree of knowledge required to establish a violation of subsection 1 are the same as those required by 42 U.S.C. § 7413(c), as that section exists on October 1, 1993.

      4.  If, in the judgment of the director of the department or his designee, any person is engaged in any act or practice which constitutes a criminal offense under NRS 445.401 to 445.601, inclusive, or sections 2 to 4, inclusive, of this act, the director of the department or his designee may request the attorney general or the district attorney of the county in which the criminal offense is alleged to have occurred to institute by indictment or information a criminal prosecution of the person.

      Secs. 5-8. (Deleted by amendment.)

      Sec. 9.  “Approved inspector” means a person licensed by the department of motor vehicles and public safety to inspect motor vehicles and devices for the control of pollution for an authorized station or authorized inspection station.

      Sec. 10.  “Authorized inspection station” means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the commission.


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

ê1993 Statutes of Nevada, Page 2851 (Chapter 654, SB 347)ê

 

      Sec. 11.  “Authorized maintenance station” means a station licensed by the department of motor vehicles and public safety for installing, repairing and adjusting devices for the control of pollution to meet the commission’s requirements.

      Sec. 12.  “Authorized station” means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the commission and for installing, repairing and adjusting such devices to meet the commission’s requirements.

      Sec. 13.  “Commission” means the state environmental commission.

      Sec. 14.  “Evidence of compliance” includes a certificate issued when a motor vehicle has been inspected and:

      1.  Has the required equipment; or

      2.  Does not meet the requirements for the control of emissions after the repairs have been made and the commission waives compliance.

      Sec. 15.  “Fleet station” means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.

      Sec. 16.  “Light-duty motor vehicle” means a motor vehicle that has a manufacturer’s gross vehicle weight rating of less than 8,500 pounds.

      Sec. 17.  “Motor vehicle” means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.

      Sec. 18.  “Passenger car” has the meaning ascribed to it in NRS 484.101.

      Sec. 18.5  “Pollution control device” means any equipment that is installed in a motor vehicle for the primary purpose of limiting emissions from the motor vehicle into the ambient air.

      Sec. 19. (Deleted by amendment.)

      Sec. 20.  The regulations adopted pursuant to NRS 445.630 must establish requirements by which the department of motor vehicles and public safety may license:

      1.  Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles.

      2.  Authorized maintenance stations, including criteria by which any person may become qualified to install, repair and adjust devices for the control of emissions for motor vehicles.

      3.  Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.

      Sec. 20.5.  NRS 445.401 is hereby amended to read as follows:

      445.401  1.  It is the public policy of the State of Nevada and the purpose of NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the state.


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

ê1993 Statutes of Nevada, Page 2852 (Chapter 654, SB 347)ê

 

      2.  It is the intent of NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, to:

      (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada;

      (b) Maintain cooperative programs between the state and its local governments; and

      (c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within a single jurisdiction.

      3.  The quality of air is declared to be affected with the public interest, and NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, are enacted in the exercise of the police power of this state to protect the health, peace, safety and general welfare of its people.

      4.  It is also the public policy of this state to provide for the integration of all programs for the prevention of accidents in this state involving chemicals, including, without limitation, accidents involving hazardous air pollutants, highly hazardous chemicals, highly hazardous substances and extremely hazardous substances.

      Sec. 21.  NRS 445.406 is hereby amended to read as follows:

      445.406  As used in NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445.411 to 445.446, inclusive, and sections 2 and 2.5 of this act, have the meanings ascribed to them in [NRS 445.411 to 445.446, inclusive.] those sections.

      Sec. 22.  NRS 445.431 is hereby amended to read as follows:

      445.431  “Federal Act” means the Clean Air Act (42 U.S.C. §§ [1857] 7401 et seq.), which includes the Clean Air Act of 1963 (P.L. 88-206) and amendments made by the Motor Vehicle Air Pollution Control Act (P.L. 89-272, October 20, 1965), the Clean Air Act Amendments of 1966 (P.L. 89-675, October 15, 1966), the Air Quality Act of 1967 (P.L. 90-148, November 21, 1967), the Clean Air Amendments of 1970 (December 31, 1970) and any [and all] amendments thereto made after July 1, 1971.

      Sec. 23.  NRS 445.461 is hereby amended to read as follows:

      445.461  The commission may:

      1.  Subject to the provisions of NRS 445.466, adopt [rules and] regulations consistent with the general intent and purposes of NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, to prevent, abate and control air pollution.

      2.  Establish standards for air quality . [standards.]

      3.  Require access to records relating to emissions which cause or contribute to air pollution.

      4.  Cooperate with other governmental agencies, including other states and the Federal Government.

      5.  Establish such [emission control] requirements for the control of emissions as may be necessary to prevent, abate or control air pollution.

      6.  [Require the registration of air pollution sources together with a description of the processes employed, fuels used, nature of emissions and other information considered necessary to evaluate the pollution potential of a source.] By regulation:


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ê1993 Statutes of Nevada, Page 2853 (Chapter 654, SB 347)ê

 

      (a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b);and

      (b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412 (b),

based upon the commission’s determination of the extent to which such a substance presents a risk to the public health.

      7.  Hold hearings for purposes of implementing NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, except as otherwise provided in such sections.

      8.  Establish fuel standards for both stationary and mobile sources of air contaminants.

      9.  Require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of air contaminants.

      Sec. 24.  NRS 445.491 is hereby amended to read as follows:

      445.491  1.  The commission shall by regulation:

      (a) Require the person operating or responsible for the existence of each source of air contaminant, generally or within a specified class or classes, to [register and to report:

             (1) The location of the source;

             (2) The size and height of outlets;

             (3) The process employed;

             (4) The fuel or fuels used;

             (5) The nature, rate and duration of emissions; and

             (6) Such other information relevant to possible air pollution as the commission may specify, if such information can reasonably be made available.] apply for and obtain an operating permit for the source.

      (b) Require that written notice be given to the director [prior to] before the construction, installation, alteration or establishment of any source of air contaminant or of any specified class or classes of such sources, or the alteration of any device intended primarily to prevent or reduce air pollution. If within the time prescribed by regulation the director determines that:

             (1) The proposed construction, installation, alteration or establishment will not be in accordance with the provisions of the plans, specifications and other design material required to be submitted under NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, or applicable [rules and] regulations; or

             (2) The design material or the construction itself is of such a nature that it patently cannot bring such source into compliance with NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, or applicable [rules and] regulations,

the director shall issue an order prohibiting the construction, installation, alteration or establishment of the [air contaminant] source or sources [.

      (c) Require operating permits for any source.] of air contaminant.

      2.  The commission shall by regulation provide for [the] :

      (a) The issuance, renewal, modification, revocation and suspension of operating permits, and [it may] charge appropriate fees for their issuance [.] in an amount sufficient to pay the expenses of administering NRS 445.401 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act, and any regulations adopted pursuant to those sections.


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ê1993 Statutes of Nevada, Page 2854 (Chapter 654, SB 347)ê

 

445.601, inclusive, and sections 2 to 4, inclusive, of this act, and any regulations adopted pursuant to those sections.

      (b) The issuance of authorizations for the issuance of building permits pursuant to paragraph (a) of subsection 2 of NRS 445.496.

      3.  Any failure of the commission or the department to issue a [rule,] regulation or order to prohibit any act does not relieve the person so operating from any legal responsibility for the construction, operation or existence of the source of air contaminant.

      4.  All administrative fees collected by the commission [from stationary sources] pursuant to subsection 2 [shall] must be accounted for separately and deposited in the state general fund [of the state.] for credit to the account for the management of air quality. This subsection [shall] does not apply to any fees collected by political subdivisions or their agencies.

      Sec. 25.  NRS 445.496 is hereby amended to read as follows:

      445.496  1.  The commission shall require, with respect to all sources of air contaminant, including indirect sources, that plans, specifications and such other information as the commission may direct be submitted to the director not later than a specified interval [prior to] before the construction or alteration of a building or other structure if such construction or alteration includes the establishment or alteration of a source or indirect source of air contaminant.

      2.  The local government authority, if any, responsible for issuing any required building permit shall not issue such building permit [until the registration has been made] :

      (a) Until the department has given its authorization therefor, pursuant to regulation [and no] of the commission.

      (b) If a stop order prohibiting such construction or alteration has been issued.

      Sec. 26.  NRS 445.501 is hereby amended to read as follows:

      445.501  1.  Any person aggrieved by:

      (a) The issuance, denial, renewal, modification, suspension or revocation of an operating permit; or

      (b) The issuance, modification or rescission of any other order,

by the director may appeal to the commission.

      2.  The commission shall affirm, modify or reverse any action taken by the director which is the subject of the appeal.

      3.  The commission shall provide by [rule] regulation for the time and manner in which appeals are to be taken to the commission.

      Sec. 26.5.  NRS 445.529 is hereby amended to read as follows:

      445.529  1.  If in the judgment of the director, any person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445.401 to 445.601, inclusive, or any rule, regulation , [or] order or operating permit issued under NRS 445.401 to 445.601, inclusive, the director may request the attorney general to apply to the district court for an order enjoining such act or practice, or for an order directing compliance with any provision of NRS 445.401 to 445.601, inclusive, or any rule, regulation , [or] order or operating permit issued under NRS 445.401 to 445.601, inclusive.


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ê1993 Statutes of Nevada, Page 2855 (Chapter 654, SB 347)ê

 

      2.  Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order may be granted by the court.

      Sec. 27.  NRS 445.576 is hereby amended to read as follows:

      445.576  1.  [As used in this section, “confidential information” means information or records which:

      (a) Relate to quantities or dollar amounts of production or sales;

      (b) Relate to processes or production unique to the owner or operator; or

      (c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.] Any information which the department obtains in the course of the performance of its duties pursuant to NRS 445.401 to 445.710, inclusive, is public information unless otherwise designated as confidential information pursuant to the provisions of this section.

      2.  The emission of an air contaminant which has an ambient air quality standard or emission standard or has been designated as a hazardous air pollutant by [the United States Environmental Protection Agency] regulation of the commission cannot be certified as being confidential.

      3.  Any confidential information [, except information on emission data,] received by the commission, the director or any local control authority which is certified in writing to the recipient as confidential by the owner or operator disclosing the information [shall,] and verified and approved in writing as confidential by the recipient must, unless the owner expressly agrees to its publication or availability to the public, be used only:

      (a) In the administration or formulation of air pollution controls;

      (b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmosphere which do not identify any owner or operator or reveal any confidential information; or

      (c) In complying with federal statutes, rules and regulations.

      4.  This section does not prohibit the use of confidential information in a prosecution for the violation of any [air pollution control] statute, ordinance or regulation [.] for the control of air pollution.

      5.  A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and [shall be] is liable in tort for any damages which may result from such disclosure or use.

      6.  As used in this section, “confidential information” means information or records which:

      (a) Relate to dollar amounts of production or sales;

      (b) Relate to processes or production unique to the owner or operator; or

      (c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.

      Sec. 28.  NRS 445.581 is hereby amended to read as follows:

      445.581  1.  It is a condition of the issuance of any operating permit [or any registration] required by the commission or pursuant to any local [air pollution control] ordinance for the control of air pollution that the [registrant or] holder of the operating permit agrees to permit inspection of the premises to which the permit [or registration] relates by any authorized officer of the department at any time during the [registrant’s or] holder’s hours of operation without prior notice.


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ê1993 Statutes of Nevada, Page 2856 (Chapter 654, SB 347)ê

 

department at any time during the [registrant’s or] holder’s hours of operation without prior notice. This condition [shall] must be stated on each [registration or] application form and operating permit.

      2.  If a source of air contaminant exists or is constructed [without registration or is] or operated without an operating permit, such an officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or [prior to] before attempting to enter, such an officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if he believes from the supporting affidavit or affidavits that there is probable cause to believe that a source of air contaminant exists or is being constructed or operated on the premises to be searched.

      Sec. 29.  NRS 445.601 is hereby amended to read as follows:

      445.601  1.  Except as otherwise provided [by] in subsection 4, any person who violates any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, sections 2 to 4, inclusive, of this act or any regulation in force pursuant thereto, other than NRS 445.576 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than [$5,000.] $10,000 per day per offense. Each day of violation constitutes a separate offense.

      2.  The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, sections 2 to 4, inclusive, of this act or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, sections 2 to 4, inclusive, of this act, regulations in force pursuant thereto, and orders made pursuant to NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, and sections 2 to 4, inclusive, of this act by injunction or other appropriate remedy, and the commission or the director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      4.  Any person who fails to pay a fine levied pursuant to subsection 1 or 2 within 30 days after the fine is imposed is guilty of a misdemeanor. The provisions of this subsection do not apply to persons found by the court to be indigent.

      5.  All administrative fines collected by the commission pursuant to this section [shall] must be deposited in the county school district fund of the county where the violation occurred.

      Sec. 30.  NRS 445.610 is hereby amended to read as follows:

      445.610  As used in NRS 445.610 to 445.710, inclusive, and sections 9 to 20, inclusive, of this act, unless the context otherwise requires [:

      1.  “Approved inspector” means a person licensed by the department of motor vehicles and public safety to inspect motor vehicles and devices for the control of pollution for an authorized station.

      2.  “Authorized section” means a station licensed by the department of motor vehicles and public safety for inspecting motor vehicles and devices for the control of pollution for compliance with this chapter or any applicable federal regulation or regulation of the commission and for installing, repairing and adjusting such devices to meet the commission’s requirements.


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ê1993 Statutes of Nevada, Page 2857 (Chapter 654, SB 347)ê

 

federal regulation or regulation of the commission and for installing, repairing and adjusting such devices to meet the commission’s requirements.

      3.  “Commission” means the state environmental commission.

      4.  “Evidence of compliance” includes a certificate issued when a motor vehicle has been inspected and:

      (a) Has the required equipment; or

      (b) Does not meet the requirements for the control of emissions after the repairs have been made and the commission waives compliance.

      5.  “Fleet station” means a facility which is licensed by the department to conduct inspections of the motor vehicles of qualified owners or lessees.

      6.  “Light-duty motor vehicle” means a motor vehicle that has a manufacture’s gross vehicle weight rating of less than 8,500 pounds.

      7.  “Motor vehicle” means every self-propelled vehicle in, upon or by which any person or property is or may be transported or drawn upon a public highway except devices moved by human or animal power or used exclusively on stationary rails.

      8.  “Passenger car” has the meaning ascribed to it in NRS 484.101.] , the words and terms defined in sections 9 to 18.5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 31.  (Deleted by amendment.)

      Sec. 32.  NRS 445.632 is hereby amended to read as follows:

      445.632  1.  The department of motor vehicles and public safety shall adopt regulations which:

      (a) Prescribe requirements for licensing authorized inspection stations, authorized maintenance stations, authorized stations and fleet stations . [;]

      (b) Prescribe the manner in which [the] authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance . [;]

      (c) Prescribe the diagnostic equipment necessary to perform the required inspection . [;] The regulations must ensure that the equipment complies with any applicable standards of the United States Environmental Protection Agency.

      (d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445.610 to 445.670, inclusive [;] , and sections 9 to 20, inclusive, of this act.

      (e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.

      2.  The department of motor vehicles and public safety shall issue a copy of the regulations to each authorized inspection station, authorized maintenance station, authorized station and [to each] fleet station.

      Sec. 33.  NRS 445.634 is hereby amended to read as follows:

      445.634  1.  The department of motor vehicles and public safety shall establish procedures for inspecting [the] authorized inspection stations, authorized maintenance stations, authorized stations and [the] fleet stations , and may require the holder of a license for an authorized inspection station, authorized maintenance station or authorized station to submit any material or document which is used in the [inspection program.] program to control emissions from motor vehicles.


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ê1993 Statutes of Nevada, Page 2858 (Chapter 654, SB 347)ê

 

      2.  The department may deny, suspend or revoke the license of an approved inspector , authorized inspection station, authorized maintenance station or authorized station if:

      (a) The approved inspector or the holder of a license for an authorized inspection station, authorized maintenance station or authorized station is not complying with the provisions of NRS 445.610 to 445.670, inclusive [.] , and sections 9 to 20, inclusive, of this act.

      (b) The holder of a license for an authorized inspection station, authorized maintenance station or authorized station refuses to furnish the department with the requested material or document.

      (c) The approved inspector has issued a fraudulent certificate of compliance , whether intentionally or negligently. A “fraudulent certificate” includes, but is not limited to:

             (1) A backdated certificate;

             (2) A postdated certificate; and

             (3) A certificate issued without an inspection.

      (d) The approved inspector does not follow the prescribed test procedure.

      Sec. 33.5.  (Deleted by amendment.)

      Sec. 34.  NRS 445.640 is hereby amended to read as follows:

      445.640  1.  Subject to any applicable limitation of NRS 445.610 to 445.670, inclusive, and sections 9 to 20, inclusive, of this act, and any regulation adopted pursuant thereto, no used motor vehicle as defined in NRS 482.132 may be registered unless the application for registration is accompanied by evidence of compliance issued by any authorized inspection station, authorized station or fleet station certifying that the vehicle is equipped with devices for the control of pollution from motor vehicles required by federal regulation or such other requirements as the commission may by regulation prescribe under the provisions of NRS 445.610 to 445.710, inclusive [.] , and sections 9 to 20, inclusive, of this act.

      2.  If the seller of a used vehicle is required, pursuant to the provisions of NRS 482.424, to complete a dealer’s report of sale, the seller shall also provide the buyer with any evidence of compliance required pursuant to subsection 1.

      3.  The requirements of this section apply only:

      (a) To passenger cars and light-duty motor vehicles which use diesel fuel and are based in a county whose population is 100,000 or more; and

      (b) In counties where a program of inspecting and testing motor vehicles and systems for the control of emissions from motor vehicles has been implemented pursuant to NRS 445.630.

      Sec. 34.5.  (Deleted by amendment.)

      Sec. 35.  NRS 445.680 is hereby amended to read as follows:

      445.680  Any person may install a motor vehicle pollution control device, but no person who is not employed by an authorized maintenance station, authorized station or fleet station may install a device for compensation. No such device shall be deemed to meet the requirements of NRS 445.630 to 445.670, inclusive, and section 20 of this act, or regulations of the commission or department unless it has been inspected in an authorized inspection station, authorized station or [a] fleet station , and evidence of compliance has been issued by that station.


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ê1993 Statutes of Nevada, Page 2859 (Chapter 654, SB 347)ê

 

      Sec. 36.  NRS 445.700 is hereby amended to read as follows:

      445.700  1.  In areas of the state where and when a program is commenced pursuant to NRS 445.630 to 445.670, inclusive, and sections 9 to 20, inclusive, of this act, the following fees must be paid to the department of motor vehicles and public safety and accounted for in the pollution control account, which is hereby created in the state general fund:

      (a) For the issuance and annual renewal of license for an authorized inspection station, authorized maintenance station, authorized station or [a] fleet station           $25

      (b) For each set of 25 forms certifying emission control compliance                   150

      (c) For each form issued to a fleet station...........................................             6

      2.  Except as otherwise provided in subsections 4, 5 and 6, all fees must be used by that department as needed to carry out the provisions of NRS 445.610 to 445.710, inclusive [.] , and sections 9 to 20, inclusive, of this act.

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

      4.  The department of motor vehicles and public safety shall by regulation establish a program to award grants of:

      (a) Money in the pollution control account to agencies in a nonattainment area for carbon monoxide for programs related to the improvement of the quality of air. The amount of money granted must not exceed that portion of the money in the pollution control account that equals 1/6 of the amount received for each form issued pursuant to subsection 1.

      (b) Excess money in the pollution control account to air pollution control agencies established pursuant to NRS 445.456 to 445.546. As used in this paragraph, “excess money” means the money in excess of $500,000 remaining in the pollution control account at the end of the fiscal year.

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

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

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

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

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

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


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ê1993 Statutes of Nevada, Page 2860 (Chapter 654, SB 347)ê

 

      Sec. 37.  NRS 445.705 is hereby amended to read as follows:

      445.705  It is unlawful for any person to:

      1.  Possess any unauthorized evidence of compliance;

      2.  Make, issue or use any imitation or counterfeit evidence of compliance;

      3.  Willfully and knowingly fail to comply with the provisions of NRS 445.610 to 445.670, inclusive, and sections 9 to 20, inclusive, of this act, or any regulation adopted by the department of motor vehicles and public safety; or

      4.  Issue evidence of compliance if he is not a licensed inspector of an authorized inspection station, authorized station or [a] fleet station.

      Sec. 38.  NRS 482.160 is hereby amended to read as follows:

      482.160  1.  The director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.

      2.  The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department pursuant to this chapter. The director may designate the county assessor of any county as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.

      3.  Except as otherwise provided in this subsection, the contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized inspection station or authorized station that issues certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the department pursuant to this subsection.

      Sec. 39.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle expires at midnight on the day specified on the receipt of registration, unless the day specified falls on a Saturday, Sunday or legal holiday. If the day specified on the receipt of registration is a Saturday, Sunday or legal holiday, the registration of the vehicle expires at midnight on the next judicial day. The department shall mail to each holder of a valid certificate of registration an application for renewal of registration for the following period of registration. The applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new certificates of registration and license plates, stickers, tabs or other suitable devices by mail before the expiration of their registrations. An applicant may present the application to any agent or office of the department.

      2.  An application mailed or presented to the department or to a county assessor pursuant to the provisions of this section, or presented to an authorized inspection station or authorized station pursuant to the provisions of NRS 482.281 must include:

      (a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185. Security may be provided by an operator’s policy of liability insurance if the applicant and the policy meet the requirements of NRS 485.186 and 485.3091.


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ê1993 Statutes of Nevada, Page 2861 (Chapter 654, SB 347)ê

 

applicant and the policy meet the requirements of NRS 485.186 and 485.3091.

      (b) If required, evidence of compliance with standards for control of emissions.

      3.  The department shall insert in each application mailed pursuant to subsection 1 the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.

      4.  An owner who has made proper application for renewal of registration before the expiration of the current registration but who has not received the license plate or plates or card of registration for the ensuing period of registration is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the license plate or plates issued for the preceding period of registration for such a time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or card of registration.

      5.  At the time of applying for renewal of registration of a vehicle, an applicant may, if eligible, register to vote pursuant to NRS 293.524.

      Sec. 40.  NRS 482.281 is hereby amended to read as follows:

      482.281  1.  The department shall establish a pilot program to allow an authorized inspection station or authorized station, as defined in [NRS 445.510,] sections 10 and 12 of this act, respectively, to renew certificates of registration for motor vehicles.

      2.  The department shall choose the authorized inspection stations and authorized stations which may participate in the program. The department shall not choose an authorized inspection station or authorized station for the program if that station has committed any of the violations set forth in NRS 445.634.

      3.  An authorized inspection station or authorized station shall not renew a certificate of registration for a motor vehicle unless the [authorized] station has issued a certificate of emissions compliance for that vehicle.

      4.  The department shall establish bonding and surety requirements for an authorized inspection station or authorized station that elects to participate in the program. Each such [authorized] station shall obtain the equipment necessary for the operation of the station, as determined by the department, and shall pay the costs of any audit required by the department.

      5.  The department shall adopt regulations necessary to carry out the provisions of this section.

 

________

 

 


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ê1993 Statutes of Nevada, Page 2862ê

 

CHAPTER 655, SB 327

Senate Bill No. 327–Senators James, Smith, O’Connell, Adler, Brown, Callister, Coffin, Glomb, Hickey, Jacobsen, Lowden, McGinness, Neal, Nevin, O’Donnell, Raggio, Rawson, Rhoads, Shaffer, Titus and Townsend

CHAPTER 655

AN ACT relating to water; creating a legislative committee to study the use, allocation and management of water in this state; providing for its organization, powers and duties; and providing other matters properly relating thereto.

 

[Approved July 13, 1993]

 

      whereas, The waters of the State of Nevada are among its most precious and vital resources; and

      whereas, The State of Nevada is the most arid state in the country and has relatively few supplies of surface water and ground water, a condition which is periodically exacerbated by drought conditions in Nevada and in the Rocky Mountains which supply the headwaters of the Colorado River; and

      whereas, Adequate, long-term supplies of water are essential to maintaining stable economic growth and the development of rural and urban areas of this state; and

      whereas, The conservative and prudent use of supplies of water is necessary to promote adequate, long-term supplies and to protect the environment of this state; and

      whereas, The rapid growth in the population and the economy of this state within the last 20 years has placed growing demands on the limited water supplies and has resulted in an increasing number of projects for the reallocation of water resources from areas of supply to areas of demand; and

      whereas, The residents of this state are vitally interested in the decisions made relating to the allocation of Nevada’s scarce water resources; and

      whereas, The growing need for new water supplies has made it imperative that the State of Nevada effectively seek additional allocations of water from the Colorado River and other potential sources of water outside of the state in the western United States; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The legislative committee to study water, consisting of six members, is hereby created.

      2.  The following persons shall serve as members of the committee:

      (a) Three members of the senate of the 67th session of the Nevada legislature, appointed by the majority leader of the senate; and

      (b) Three members of the assembly of the 67th session of the Nevada legislature, appointed by the speaker of the assembly.

      3.  The members of the committee shall select the chairman and vice chairman of the committee from among their members.

      4.  Any member of the committee who does not return to the legislature may continue to serve until the completion of the committee’s report.

      5.  Any vacancy on the committee must be filled by the authority entitled to appoint the member whose position is vacant.


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ê1993 Statutes of Nevada, Page 2863 (Chapter 655, SB 327)ê

 

      6.  Except during a special session of the legislature, members of the committee are entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the committee or is otherwise engaged in the business of the committee plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207.

      7.  The director of the legislative counsel bureau shall provide the necessary professional staff and a secretary for the committee.

      Sec. 2.  The legislative committee to study water shall study the use, allocation and management of water in this state, including, but not limited to:

      1.  The laws of this state related to the method by which the public’s interest in the allocation and management of water resources is carried out and protected;

      2.  The laws of this state governing conservation in the use, allocation and management of water resources;

      3.  An examination of the fees charged by the state engineer and of the method used to determine the amount of money necessary to support the activities of the division of water resources of the state department of conservation and natural resources;

      4.  An examination of the structure, authorities, relationships, funding and activities of the state and local agencies that are required to allocate and protect existing water resources, secure new water supplies, distribute water and adopt long-term plans to meet the present and probable future demands for water in this state;

      5.  The advisability of creating a state commission on water resources for the purposes of combining the division of water planning of the state department of conservation and natural resources, the division of water resources of the state department of conservation and natural resources, including the state engineer, and the Colorado River commission into an integrated state agency with appropriate regional representation; and

      6.  An examination of any other issues related to the use, conservation, allocation and management of water resources that may affect the economy or the environment of this state.

      Sec. 3.  All agencies of the state and the political subdivisions of the state involved in the use, allocation and management of water shall cooperate with the legislative committee to study water and furnish to the committee all information and material which the committee requests to conduct its study and prepare its report.

      Sec. 4.  The legislative committee to study water shall submit to the legislative commission a report of its findings and recommendation for legislation before the commencement of the 68th session of the Nevada legislature.

      Sec. 5.  This act expires by limitation on January 1, 1995.

 

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ê1993 Statutes of Nevada, Page 2864ê

 

CHAPTER 656, SB 247

Senate Bill No. 247–Committee on Commerce and Labor

CHAPTER 656

AN ACT relating to optometry; requiring the Nevada state board of optometry to appoint an executive director; prescribing his duties; revising the qualifications for licensure; expanding the grounds for taking disciplinary action against licensees; and providing other matters properly relating thereto.