[Rev. 1/16/2013 4:30:18 PM]

Link to Page 200

 

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ê1995 Statutes of Nevada, Page 201 (Chapter 138, AB 267)ê

 

      7.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

      8.  The county recorder shall charge and collect for recording the map a fee of no more than $35 per page set by the board of county commissioners.

      Sec. 4.  This act becomes effective upon passage and approval.

 

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CHAPTER 139, AB 133

Assembly Bill No. 133–Committee on Judiciary

CHAPTER 139

AN ACT relating to gaming; making various changes to the provisions governing the regulation of gaming; and providing other matters properly relating thereto.

 

[Approved May 31, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 463.120 is hereby amended to read as follows:

      463.120  1.  The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.

      2.  The board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

      3.  The board and the commission may maintain such other files and records as they may deem desirable.

      4.  Except as otherwise provided in this subsection and subsection 5, all information and data:

      (a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

      (b) Pertaining to an applicant’s criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source;

      (c) Provided to the members, agents or employees of the board or commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential; and

      (d) Obtained by the board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices,

are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The board and commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.


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ê1995 Statutes of Nevada, Page 202 (Chapter 139, AB 133)ê

 

      5.  Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

      6.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.

      7.  The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.

      8.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.

      9.  The Nevada gaming commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by him, if after 5 years it remains impossible or impracticable to collect such amounts. The commission shall establish a master file containing the information removed from its official records by this section.

      Sec. 2.  NRS 463.170 is hereby amended to read as follows:

      463.170  1.  Any person who the commission determines is qualified to receive a license or be found suitable under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this state, may be issued a state gaming license or found suitable, as appropriate. The burden of proving his qualification to receive any license or be found suitable is on the applicant.

      2.  An application to receive a license or be found suitable must not be granted unless the commission is satisfied that the applicant is:

      (a) A person of good character, honesty and integrity;

      (b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and

      (c) In all others respects qualified to be licensed or found suitable consistently with the declared polity of the state.

      3.  A license to operate a gaming establishment must not be granted unless the applicant has satisfied the commission that:

      (a) He has adequate business probity, competence and experience, in gaming or generally; and

      (b) The proposed financing of the entire operation is:

             (1) Adequate for the nature of the proposed operation; and

             (2) From a suitable source.


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ê1995 Statutes of Nevada, Page 203 (Chapter 139, AB 133)ê

 

Any lender or other source of money or credit which the commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.

      4.  An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

      5.  The commission may in its discretion grant a license to:

      (a) A publicly traded corporation which has complied with the provisions of NRS [463.500 and] 463.625 to 463.643, inclusive;

      (b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;

      (c) A limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive; and

      (d) A limited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.

      6.  No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the commission, or a limited-liability company, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

      7.  The commission may, by regulation:

      (a) Limit the number of persons who may be financially interested and the nature of their interest in any corporation, other than a publicly traded corporation, limited partnership, limited-liability company or other organization or association licensed under this chapter; and

      (b)  Establish such other qualifications for licenses as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the state.

      Sec. 3.  NRS 463.172 is hereby amended to read as follows:

      463.172  A person [owning an interest in a gaming establishment] who is licensed or has been found suitable by the commission does not have to requalify for a license or a finding of suitability whenever he makes his interest the subject matter of a revocable trust in which he retains the entire interest as the sole trustee and the sole beneficiary [. The settler of such a trust] during his lifetime. Such a person must file a copy of the trust instrument or any amendment thereof with the board and receive administrative approval from the chairman of the board before the transfer of the interest becomes effective and before the effective date of any amendment. An administrative approval received pursuant to this section relates back to the date on which the trust was executed.


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ê1995 Statutes of Nevada, Page 204 (Chapter 139, AB 133)ê

 

      Sec. 4.  NRS 463.370 is hereby amended to read as follows:

      463.370  1.  Except as otherwise provided in NRS 463.373, the commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:

 

      Three percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;

      Four percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and

      Six and one-quarter percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.

 

      2.  Unless the licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 24th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.

      3.  When a licensee has been operating for less than a full calendar month, the commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 24th day of the following calendar month of operation. After the first full calendar month of operation, the commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 24th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next three calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the commission on July 1, 1969, must be treated as an advance estimated payment.

      4.  All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof, or located in an area or space on the premises which is leased by the licensee-owner to any such person, must be attributed to the owner for the purposes of this section and be counted as part of the gross revenue of the owner. The lessee is liable to the owner for his proportionate share of the license fees.

      5.  Any person required to pay a fee pursuant to this section shall file with the commission, on or before the 24th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:

      (a) The fee due based on the revenue of the month covered by the report; and

      (b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month.


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ê1995 Statutes of Nevada, Page 205 (Chapter 139, AB 133)ê

 

gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.

      6.  If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid , [by the licensee,] the commission shall:

      (a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or

      (b) Refund any overpayment [,] to the person entitled thereto pursuant to this chapter, with interest thereon . [, to the licensee.]

Interest must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.

      7.  Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.

      8.  Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.

      9.  Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the commission shall:

      (a) Charge and collect the additional license fees determined to be due with interest; or

      (b) Refund any overpayment, with interest thereon, to the licensee,

based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.

      10.  If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.

      11.  If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.

      Sec. 5.  NRS 463.387 is hereby amended to read as follows:

      463.387  1.  State gaming license fees or taxes [erroneously collected] paid in excess of the amount required to be reported and paid may be refunded, upon the approval of the commission, as other claims against the state are paid.

      2.  Within 90 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      3.  Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.

      4.  If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.


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ê1995 Statutes of Nevada, Page 206 (Chapter 139, AB 133)ê

 

      5.  In any case where a refund is granted, interest must be allowed at the rate prescribed in NRS 17.130 upon the amount found to have been [illegally collected] erroneously paid from the [date the amount is collected to the date the refund is paid.] first day of the first month following the date of overpayment until paid. The commission may in its discretion deny or limit the payment of interest if it finds that the claimant has failed to file a claim for a refund within 90 days after receiving written notification of overpayment from the board or has impeded the board’s ability to process the claim in a timely manner.

      6.  Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, must be filed with the commission within 5 years after the date of overpayment and not thereafter.

      7.  The provisions of this chapter must not be construed to permit the proration of state gaming taxes or license fees for purposes of a refund.

      Sec. 6.  NRS 463.403 is hereby amended to read as follows:

      463.403  1.  Every person required to pay the tax imposed by NRS 463.401 shall file with the commission, on or before the 24th day of each month, a report showing the amount of all taxable receipts for the preceding month.

      2.  Each report must be accompanied by the amount of tax which is due for the month covered by the report.

      3.  If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid , [by the licensee,] the commission shall:

      (a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or

      (b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.

Interest is computed at the rate prescribed in NRS 17.130 from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.

      Sec. 7.  NRS 463.404 is hereby amended to read as follows:

      463.404  1.  The tax imposed by NRS 463.401 [shall] must be paid in the form of remittances payable to the Nevada gaming commission. The commission shall transmit the payment to the state treasurer to be deposited to the credit of the general fund.

      2.  Refunds of tax erroneously [collected] paid may be made, upon the approval of the commission, as other claims against the state are paid.

      Sec. 8.  NRS 463.450 is hereby amended to read as follows:

      463.450  1.  Any disseminator of such information obtaining a license under NRS 463.430 to 463.480, inclusive, shall pay to the commission a fee of $10 per day for each day for each race book to which [such] the supplier or disseminator furnishes such information in this state.

      2.  The commission shall collect the fee on or before the 10th day of each month for the preceding calendar month.

      3.  If the amount of the fee required by this section to be reported and paid is determined to be different than the amount reported or paid by the licensee, the commission shall:


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ê1995 Statutes of Nevada, Page 207 (Chapter 139, AB 133)ê

 

      (a) Charge and collect any additional fee determined to be due, with interest thereon until paid; or

      (b) Refund any overpaid fees [,] to the person entitled thereto pursuant to this chapter, with interest thereon .

Interest is computed at the rate prescribed in NRS 17.130 from the [date paid.] first day of the first month following either the due date of the additional license fees or the date of overpayment until paid.

      4.  The commission shall remit all fees collected, less any fees refunded pursuant to subsection 3, to the state treasurer for deposit to the credit of the state general fund.

      Sec. 9.  NRS 463.643 is hereby amended to read as follows:

      463.643  1.  Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.

      2.  Each person who acquires, directly or indirectly, beneficial ownership of any debt security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such debt security would otherwise be inconsistent with the declared policy of this state.

      3.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada gaming commission, and who is required to report, or voluntarily reports, such acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C.§§ 78m(d)(1), 78m(g) and 78p(a), respectively), shall file a copy of that report, and any amendments thereto, with a Nevada gaming commission with 10 days after filing that report with the Securities and Exchange Commission.

      [3.] 4.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report, or voluntarily reports, the acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively), shall apply to the commission for a finding of suitability within 30 days after the chairman of the board mails the written notice.

      [4.] 5.  A person who acquires beneficial ownership of any voting security or debt security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.

      [5.] 6.  Any person required by the commission or by this section to be found suitable shall:

      (a) Except as otherwise required in subsection [3,] 4, apply for a finding of suitability within 30 days after the commission requests that he do so; and


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ê1995 Statutes of Nevada, Page 208 (Chapter 139, AB 133)ê

 

      (b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.

      [6.] 7.  Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security or debt security of a publicly traded corporation which is registered with the commission beyond [that period of] the time prescribed by the commission.

      [7.] 8.  The violation of subsection [5 or] 6 or 7 is a gross misdemeanor.

      9.  As used in this section, “debt security” means any instrument generally recognized as a corporation security representing money owed and reflected as debt on the financial statement of a publicly traded corporation, including, but not limited to, bonds, notes and debentures.

      Sec. 10.  NRS 464.015 is hereby amended to read as follows:

      464.015  1.  In addition to any other fees imposed by law, the Nevada gaming commission shall charge and collect a fee of $500 from each applicant for the issuance or renewal of a license as an operator of a system. The fee must be charged and collected on or before December 31 for the ensuing calendar year.

      2.  Each such license must be issued for the calendar year and expires on December 31. The Nevada gaming commission shall not prorate the fee for a license that is issued for less than 1 year.

      3.  All fees collected pursuant to this section must be paid over immediately to the state treasurer to be deposited to the credit of the state general fund.

      Sec. 11.  1.  NRS 463.500 is hereby repealed:

      2.  Sections 2 and 3 of chapter 262, Statutes of Nevada 1993, at pages 652 and 655, respectively, are hereby repealed.

 

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CHAPTER 140, SB 413

Senate Bill No. 413–Committee on Finance

CHAPTER 140

AN ACT making an appropriation to the state public works board for a program of capital improvements for the office of the military; and providing other matters properly relating thereto.

 

[Approved May 31, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the state public works board the sum of $5,454,000 to expedite the carrying out of the program of capital improvements for the office of the military to be allocated as follows:

      1.  Southern Nevada Armory Complex – Project 95-C8............     $4,554,000


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ê1995 Statutes of Nevada, Page 209 (Chapter 140, SB 413)ê

 

      2.  Washoe County Armory – Project 95-C9.............................        $900,000

      Sec. 2.  Except as otherwise provided in section 4 of this act, expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized to be allocated as follows:

      1.  Southern Nevada Armory Complex – Project 95-C8............   $10,397,663

      2.  Washoe County Armory – Project 95-C9.............................     $6,388,282

      Sec. 3.  The money appropriated by section 14 of chapter 351, Statutes of Nevada 1993, identified as Project 93-S4, advance planning, in the amount of $45,000 must be transferred to Project 95-C8 for acquisition of land, site-related costs and architectural and engineering expenses.

      Sec. 4.  With the approval of the interim finance committee, the state public works board may increase or decrease the money expended pursuant to section 2 of this act.

      Sec. 5.  With the approval of the interim finance committee, the state public works board may transfer the money appropriated by section 1 of this act between capital improvement projects approved by this act or any other projects approved by the 68th session of the Nevada Legislature for the office of the military.

      Sec. 6.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after the completion of the project for which the money is appropriated, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 7.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

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CHAPTER 141, AB 40

Assembly Bill No. 40–Committee on Judiciary

CHAPTER 141

AN ACT relating to witnesses; revising the provisions that prohibit an employer from taking certain adverse actions against an employee who serves as a witness or prospective witness; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 50.070 is hereby amended to read as follows:

      50.070  1.  Any person, corporation, partnership, association or other entity who is:

      (a) An employer; or

      (b) The employee, agent or officer of an employer, vested with the power to terminate or recommend termination of employment,

of a person who is a witness or who has received a summons to appear as a witness in [any court,] a judicial or administrative proceeding, who deprives the witness or person summoned of his employment, as a consequence of his service as a witness or prospective witness, or who asserts to the witness or person summoned that his service as a witness or prospective witness will result in termination of his employment, is guilty of a misdemeanor.


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ê1995 Statutes of Nevada, Page 210 (Chapter 141, AB 40)ê

 

person summoned that his service as a witness or prospective witness will result in termination of his employment, is guilty of a misdemeanor.

      2.  A person discharged from employment in violation of subsection 1 may commence a civil action against his employer and obtain:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits;

      (c) Damages equal to the amount of the lost wages and benefits; and

      (d) Reasonable attorney’s fees fixed by the court.

 

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CHAPTER 142, AB 106

Assembly Bill No. 106–Committee on Ways and Means

CHAPTER 142

AN ACT relating to criminal offenders; providing for the forfeiture of credit for good time served for commencing a frivolous civil action; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.451 is hereby amended to read as follows:

      209.451  1.  If any offender:

      (a) Commits any assault upon his keeper or any foreman, officer, offender or other person, or otherwise endangers life;

      (b) Is guilty of flagrant disregard of the regulations of the department or of the terms and conditions of his residential confinement; [or]

      (c) Commits any misdemeanor, gross misdemeanor or felony [,] ; or

      (d) In a civil action, in state or federal court, is found by the court to have presented a pleading, written motion or other document in writing to the court which:

             (1) Contains a claim or defense that is included for an improper purpose, including, without limitation, for the purpose of harassing his opponent, causing unnecessary delay in the litigation or increasing the cost of the litigation;

             (2) Contains a claim, defense or other argument which is not warranted by existing law or by a reasonable argument for a change in existing law or a change in the interpretation of existing law; or

             (3) Contains allegations or information presented as fact for which evidentiary support is not available or is not likely to be discovered after further investigation,

he forfeits all deductions of time earned by him before the commission of that offense [,] or act, or forfeits such part of those deductions as the director considers just.

      2.  If any offender commits a serious violation of any of the regulations of the department or of the terms and conditions of his residential confinement, he may forfeit all or part of such deductions, in the discretion of the director.


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ê1995 Statutes of Nevada, Page 211 (Chapter 142, AB 106)ê

 

      3.  A forfeiture may be made only by the director after proof of the [offense] commission of an act prohibited pursuant to subsection 1 and notice to the offender [.] in the manner prescribed in the regulations of the department. The decision of the director regarding a forfeiture is final.

      4.  The director may restore credits forfeited for such reasons as he considers proper.

      Sec. 2.  If an act described in paragraph (d) of subsection 1 of NRS 209.451 is committed, or a claim or defense so described is asserted in an action brought on or after October 1, 1995, deductions of time which were accrued before that date are subject to forfeiture.

 

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CHAPTER 143, AB 362

Assembly Bill No. 362–Committee on Judiciary

CHAPTER 143

AN ACT relating to trusts; authorizing a trustee to present and a person dealing with a trustee to rely upon a certification of relevant matters in lieu of a full copy of a trust instrument; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 164 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  Except in connection with an application for benefits pursuant to chapter 422 of NRS, a trustee may present a certification of trust to any person, in lieu of a copy of any trust instrument, to establish the existence or terms of the trust. The trustee may present the certification voluntarily or at the request of the person with whom he is dealing.

      2.  Such a certification must be in the form of an affidavit signed and acknowledged by all of the currently acting trustees of the trust.

      Sec. 3.  1.  A certification of trust may confirm the following facts or contain the following information:

      (a) The existence of the trust and date of execution of any trust instrument;

      (b) The identity of the settlor and each currently acting trustee;

      (c) The powers of the trustee and any restrictions imposed upon him in dealing with assets of the trust;

      (d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it;

      (e) If there is more than one trustee, whether all of the currently acting trustees must or less than all may act to exercise identified powers of the trustee;

      (f) The identifying number of the trust and whether it is a social security number or an employer identification number; and

      (g) The form in which title to assets of the trust is to be taken.


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ê1995 Statutes of Nevada, Page 212 (Chapter 143, AB 362)ê

 

      2.  The certification must contain a statement that the trust has not been revoked or amended to make any representations contained in the certification incorrect, and that the signatures are those of all the currently acting trustees.

      Sec. 4.  A certification of trust need not contain the dispositive provisions of the trust, but the person to whom the certification is presented may require copies of excerpts from any trust instrument which designate the trustee or confer upon him the power to act in the pending transactions.

      Sec. 5.  1.  A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A person who does not know that the facts contained in the certification are incorrect may assume without inquiry the existence of the facts contained in the certification. Knowledge may not be inferred solely from the fact that a copy of all or part of a trust instrument is held by the person relying upon the certification.

      2.  A transaction, and any lien created thereby, entered into by a trustee and a person acting in reliance upon a certification of trust is fully enforceable against the assets of the trust unless the person knows that the trustee is acting outside the scope of the trust.

      Sec. 6.  A person’s failure to demand a certification of trust may not be considered to be an improper act by him and no inference as to whether he has acted in good faith may be drawn from the failure to demand a certification of trust. This section creates no implication that a person is liable for acting in reliance upon a certification of trust under circumstances where the requirements of sections 2 to 5, inclusive, of this act are not satisfied.

 

________

 

 

CHAPTER 144, SB 178

Senate Bill No. 178–Committee on Natural Resources

CHAPTER 144

AN ACT relating to the state board of sheep commissioners; authorizing penalties and interest on taxes levied by the board; creating a lien in favor of the board for unpaid taxes, penalties and interest; allowing the board to recover certain costs related to the enforcement of the provisions governing the regulation of the sheep industry; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 562 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, any person who fails to pay any tax levied by the board pursuant to NRS 562.160 or 567.110, within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax which is owed, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date the tax was due until the date of payment.


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

ê1995 Statutes of Nevada, Page 213 (Chapter 144, SB 178)ê

 

      2.  The board may, for good cause shown, waive or reduce the payment of the interest or penalty, or both, which is required to be paid pursuant to subsection 1. The board shall, upon the request of any person, disclose:

      (a) The name of the person whose interest or penalty was waived or reduced; and

      (b) The amount so waived or the amount of the reduction.

      3.  All taxes levied by the board on sheep pursuant to NRS 562.160, or on sheep and goats pursuant to NRS 567.110, and all penalties and interest accrued thereon, constitute a lien upon the sheep, or sheep and goats, respectively, until paid.

      Sec. 3.  1.  Any costs incurred by the board that are necessary for the enforcement of the provisions of this chapter, including, but not limited to:

      (a) The wages, salaries and benefits paid to the employees of the board that are associated with the enforcement of those provisions;

      (b) All costs associated with transporting, housing, feeding and caring for sheep that have been seized pursuant to the provisions of this chapter; and

      (c) Any damages to property resulting from the seizure of such sheep,

must be paid by the person against whom the provisions are enforced or the owner or person in charge of the sheep that are seized.

      2.  The cost of any sheep lost as a result of their seizure pursuant to the provisions of this chapter must be borne by the owner of the sheep.

      Sec. 4.  NRS 562.050 is hereby amended to read as follows:

      562.050  All liens provided for in this chapter [shall] must be foreclosed in the manner provided by chapter 104 of NRS, but the judgment therein [shall] must also allow reasonable attorney’s fees, court costs, penalties and interest, to be fixed by the court. The remedies provided in this chapter are cumulative and not exclusive of any other remedy, form or right of action or proceeding allowed by law.

      Sec. 5.  NRS 575.210 is hereby amended to read as follows:

      575.210  Whenever any taxes , or penalties or interest for delinquencies pursuant to NRS 575.130 or section 1 of this act, are paid to the county treasurer, he shall record the payment and the date thereof with the name of the person liable [for the taxes and the penalty] therefor, and the amount of [tax and penalty] taxes, penalties and interest collected pursuant to NRS 562.170, 567.110, 571.035, 575.070 and 575.130 and section 1 of this act, and transmit the revenue thereof to the state controller for deposit into the appropriate account or fund in the state treasury.

      Sec. 6.  NRS 575.230 is hereby amended to read as follows:

      575.230  A brand inspection clearance certificate described in NRS 565.120 or a certificate or bill of health described in NRS 562.460 may not be issued for the movement of any sheep or livestock owned by a person delinquent in the payment of a tax. The division may collect any delinquent tax and the penalty and interest thereon at the time of a brand or health inspection. The appropriate county authority must be notified if the tax is so collected.

 

________


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

ê1995 Statutes of Nevada, Page 214ê

 

CHAPTER 145, SB 348

Senate Bill No. 348–Committee on Natural Resources

CHAPTER 145

AN ACT relating to animals; revising provisions governing the powers and duties of the state predatory animal and rodent committee; placing the committee to control predatory animals under the control of the state board of sheep commissioners; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 567.010 is hereby amended to read as follows:

      567.010  As used in NRS 567.010 to 567.090, inclusive:

      1.  “Committee” means the state predatory animal and rodent committee.

      2.  [“Crop-destroying bird” means the starling.] “Property-destroying birds” means starlings, blackbirds, ravens, crows and other birds that damage property, threaten human health or cause a public nuisance.

      Sec. 2.  NRS 567.020 is hereby amended to read as follows:

      567.020  For the purpose of [cooperating with the United States Department of Agriculture for the control of] controlling predatory animals, [crop-destroying] property-destroying birds and rodents within the State of Nevada, with money as may be made available to it by contributions either by private or public agencies, or otherwise, there is hereby created within the department of business and industry the state predatory animal and rodent committee.

      Sec. 3.  NRS 567.080 is hereby amended to read as follows:

      567.080  The committee [shall] may enter into agreements from time to time with the United States Department of Agriculture covering cooperative control of predatory animals, [crop-destroying] property-destroying birds and rodents in and by manners and methods whereby a maximum of protection against losses of property, livestock, poultry, game birds, animals and crops on a statewide basis best can be assured with a maximum of returns for the money expended.

      Sec. 4.  NRS 567.090 is hereby amended to read as follows:

      567.090  1.  All contributions of money which the committee is authorized to accept must be deposited into a special account to be known as the state predatory animal and rodent account to be held in trust by the state treasurer for use only in the control of predatory [animal, crop-destroying bird and rodent control work only,] animals, property-destroying birds and rodents, under the provisions of this chapter.

      2.  All claims against the state predatory animal and rodent account must be approved by at least one member of the committee, designated for that purpose by the committee, the secretary of the committee and by the state board of examiners.

      Sec. 5.  NRS 567.100 is hereby amended to read as follows:

      567.100  As used in NRS 567.100 to 567.170, inclusive:

      1.  “Board” means the state board of sheep commissioners.


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

ê1995 Statutes of Nevada, Page 215 (Chapter 145, SB 348)ê

 

      2.  “Committee” means the committee to control predatory animals of the [division of agriculture of the department of business and industry.] state board of sheep commissioners.

 

________

 

 

CHAPTER 146, AB 302

Assembly Bill No. 302–Assemblymen Humke, Anderson, Sandoval, Perkins, Steel, Ohrenschall, Monaghan, Manendo, Goldwater, Schneider, Carpenter, Buckley, Stroth, Chowning, Hettrick, Ernaut, Marvel, Arberry and Freeman

CHAPTER 146

AN ACT relating to termination of parental rights; making the best interests of the child the determining factor in cases concerning the termination of parental rights; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 128.105 is hereby amended to read as follows:

      128.105  The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 [, 128.107 and 128.108, with the initial and primary consideration being whether the best interests of the child would be served by the termination, but requiring a finding that the] to 128.109, inclusive, and based on evidence and include a finding that:

      1.  The best interests of the child would be served by the termination of parental rights; and

      2.  The conduct of the parent or parents demonstrated at lease one of the following:

      [1.] (a) Abandonment of the child;

      [2.] (b) Neglect of the child;

      [3.] (c) Unfitness of the parent;

      [4.] (d) Failure of parental adjustment;

      [5.] (e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;

      [6.] (f) Only token efforts by the parent or parents:

      [(a)] (1) To support or communicate with the child;

      [(b)] (2) To prevent neglect of the child;

      [(c)] (3) To avoid being an unfit parent; or

      [(d)] (4) To eliminate the risk of serious physical, mental or emotional injury to the child; or


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

ê1995 Statutes of Nevada, Page 216 (Chapter 146, AB 302)ê

 

      [7.] (g) With respect to termination of the parental rights of one parent, the abandonment by that parent.

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

 

________

 

 

CHAPTER 147, AB 261

Assembly Bill No. 261–Committee on Health and Human Services

 

(Requested by Nevada Dental Hygienists’ Association)

CHAPTER 147

AN ACT relating to dental hygienists; authorizing a dental hygienist to perform certain tasks without the supervision of a dentist and to administer local anesthesia or nitrous oxide under certain conditions; prohibiting a dentist from delegating tasks which are within the practice of dental hygiene to a person who is not licensed as a dental hygienist in this state; and providing other matters properly relating thereto.

 

[Approved June 5, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 631.310 is hereby amended to read as follows:

      631.310  1.  The holder of a license or [current] renewal certificate to practice dental hygiene may [be employed to] practice dental hygiene in this state in the following places:

      (a) In the office of any licensed dentist.

      (b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of human resources.

      (c) In a clinic or in clinics in a state institution as an employee of the institution.

      (d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of the hospital, and [under the direct supervision] upon the authorization of a member of the dental staff.

      (e) In an accredited school of dental hygiene.

      (f) In other places if specified in a regulation adopted by the board.

      2.  A dental hygienist may [practice only under the supervision of] perform only the services which are authorized by a dentist licensed in the State of Nevada, unless otherwise provided in a regulation adopted by the board.

      3.  Except as otherwise specifically authorized by a regulation adopted by the board, a dental hygienist shall not provide services to a person unless that person is a patient of the dentist who authorized the performance of those services.

      Sec. 2.  NRS 631.313 is hereby amended to read as follows:

      613.313  1.  A licensed dentist may assign to a person in his employ who is a dental hygienist, dental assistant or other person directly or indirectly involved in the provision of dental care only such intraoral tasks as may be permitted by a regulation of the board or by the provisions of this chapter.


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

ê1995 Statutes of Nevada, Page 217 (Chapter 147, AB 261)ê

 

      2.  The performance of these tasks must be :

      (a) If performed by a dental assistant or a person, other than a dental hygienist, who is directly or indirectly involved in the provision of dental care, under the supervision of the licensed dentist who made the assignment.

      (b) If performed by a dental hygienist, authorized by the licensed dentist of the patient for whom the tasks will be performed.

      3.  No such assignment is permitted that requires:

      (a) [Diagnosis,] The diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.

      (b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.

      (c) [Administration] The administration of general anesthetics other than by an anesthetist or anesthesiologist licensed in this state.

      (d) The performance of a task outside the authorized scope of practice of the employee who is being assigned the task.

      4.  A dental hygienist may, pursuant to regulations adopted by the board, administer local anesthesia or nitrous oxide in a health care facility, as defined in NRS 449.800, if:

      (a) He is so authorized by the licensed dentist of the patient to whom the local anesthesia or nitrous oxide is administered; and

      (b) The health care facility has licensed medical personnel and necessary emergency supplies and equipment available when the local anesthesia or nitrous oxide is administered.

 

________

 

 

CHAPTER 148, AB 281

Assembly Bill No. 281–Assemblymen Lambert, Ernaut, Freeman, Hettrick, Humke, Bache, Neighbors, Manendo, Allard, Evans, Anderson, Bennett, Close and Brower

CHAPTER 148

AN ACT relating to municipal obligations; requiring a supermajority vote of the governing body of a municipality for the issuance of certain general obligations without an election; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  Except as otherwise permitted by subsection 3, when any municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next primary or general municipal election or primary or general state election.


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

ê1995 Statutes of Nevada, Page 218 (Chapter 148, AB 281)ê

 

      2.  A special election may be held only if the governing body of the municipality determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body just be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

      3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines , by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may incur this general obligation without an election unless, within 30 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Publication must be made once in a newspaper of general circulation in the municipality.

      4.  A municipality may issue special obligations without an election.

 

________


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

ê1995 Statutes of Nevada, Page 219ê

 

CHAPTER 149, SB 228

Senate Bill No. 228–Committee on Judiciary

CHAPTER 149

AN ACT relating to domestic violence; revising the provisions regarding the enforcement of temporary and extended orders for protection against domestic violence; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order him to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant; and

      (e) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary; and

      (b) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence or pay for the support of the applicant or minor child if he is found to have a duty to support the applicant or minor child; and

             (3) Pay all costs and fees incurred by the applicant in bringing the action.

      3.  If an extended order is issued by a justice’s court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of a child care, and place of employment of the applicant or minor child are located.

      Sec. 2.  NRS 33.060 is hereby amended to read as follows:

      33.060  1.  The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the [local] appropriate law enforcement agency which has jurisdiction over the residence , school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.


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

ê1995 Statutes of Nevada, Page 220 (Chapter 149, SB 228)ê

 

      2.  The court may order the appropriate law enforcement agency to serve the adverse party personally with the temporary order if it finds that such service is necessary to avoid any act of violence and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party pursuant to the Nevada Rules of Civil Procedure.

      3.  A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.

      4.  The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.

 

________

 

 

CHAPTER 150, SB 100

Senate Bill No. 100–Committee on Natural Resources

CHAPTER 150

AN ACT relating to water; changing certain statutory references from “tax” to “assessment” for the purpose of certain provisions governing water rights; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.190 is hereby amended to read as follows:

      533.190  1.  At any time in the course of the hearings, the court may, in its discretion, by order assess and adjudge against any party such costs as it deems just and equitable or may so assess the costs in proportion to the amount of water right standing allotted at that time , [;] or the court may assess and adjudge such costs and expenses in its final judgment upon the signing, entry and filing of its formal findings of fact, conclusions of law and decree adjudicating the water rights against any party as it deems just and equitable, or may so assess the costs in proportion to the amount of water right allotted and decreed in the final judgment.

      2.  After the making, entry and filing by the court of the first findings of fact, conclusions of law and decree made, entered and filed by the court in any such water adjudication as distinguished from the first proposed findings or fact, conclusions of law and decree, the court shall assess all costs and expenses against the loser or losers, in any and all subsequent proceedings in any such water adjudication.

      3.  If costs are assessed or allowed as provided for in this section and in NRS 533.170 and allotted, the state engineer, within 60 days after such filing and entry, as above described, shall certify to the boards of county commissioners of the respective counties wherein the stream system is situate either the amount of acreage set forth in the order of determination to which water has been allotted, or the respective water rights against which such costs have been assessed by the court, and the charges against each water user in accordance with the court’s judgment and allocation of costs. Upon receipt of the certificate from the state engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor of the county in which the land or property served is situated.


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

ê1995 Statutes of Nevada, Page 221 (Chapter 150, SB 100)ê

 

the certificate from the state engineer by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor of the county in which the land or property served is situated. The county assessor shall enter the amount of the charge on the assessment roll against the claimant’s property or acreage served.

      4.  The proper officer of the county shall collect the [tax as other taxes] assessment as other assessments are levied and collected, and the [charge] assessment is a lien upon the property so served and must be collected in the same manner as other [taxes] assessments are collected , [;] but such costs must be collected in equal installments over 2 fiscal years.

      5.  When the [taxes] assessments are collected, the [tax receiver collecting the same] person collecting the assessments shall transmit the money collected to the state treasurer at the time he transmits other [tax money] assessments collected by him as provided by law, and the state treasurer shall deposit the money in the adjudication emergency account provided for in NRS 532.200, out of which [such] costs and expenses must be paid in the manner provided by law.

      Sec. 2.  NRS 533.285 is hereby amended to read as follows:

      533.285  1.  Upon receipt of such budget by the board of county commissioners, the board of county commissioners shall certify the respective charges contained therein to the county assessor. The county assessor shall enter the amount of [such] the charge or charges on the assessment roll against the claimants and the property or acreage served.

      2.  The proper officers of the county shall collect [such special tax] the special assessment as other special [taxes] assessments are levied and collected, and [such charge shall be] the assessment is a lien upon the property so served [, and shall] and must be collected in the same manner as other [taxes] assessments are collected.

      Sec. 3.  NRS 533.290 is hereby amended to read as follows:

      533.290  1.  The [taxes] assessments and charges provided for in NRS 533.285, when collected, must be deposited with the state treasurer, in the same manner as other special [taxes,] assessments, for credit to the water district account which is hereby created in the state general fund.

      2.  All bills against the water district account must be certified by the state engineer or his assistant and, when certified and approved by the state board of examiners, the state controller may draw his warrant therefor against the account.

      3.  [No advances may] An advance must not be made from a stream system account that has been depleted until the [advances are] advance is reimbursable from the proceeds of any [tax levies] assessments levied against the particular stream system or water district for which any claims are presented.

      4.  Any money remaining in the water district account at the end of the current year must remain in the account and be available for use in the following year.

      5.  The state controller shall keep separate accounts of the money for each stream system or water district received from the various counties within which the stream system or water district is located, and shall not draw warrants against an account until he has been notified by the state engineer that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada money advanced by the state out of the water distribution revolving account provided for in NRS 532.210.


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

ê1995 Statutes of Nevada, Page 222 (Chapter 150, SB 100)ê

 

that assessments have been filed with the board of county commissioners, as required by NRS 533.285, that will return to the State of Nevada money advanced by the state out of the water distribution revolving account provided for in NRS 532.210.

      Sec. 4.  NRS 534.040 is hereby amended to read as follows:

      534.040  1.  Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of that basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the state engineer. The salaries of the well supervisor and his assistants must be fixed by the state engineer. The well supervisor and his assistants are exempt from the provisions of chapter 284 of NRS.

      2.  The board of county commissioners shall levy a special [tax] assessment annually, or at such time as the [tax] assessment is needed, upon all taxable property situated within the confines of the area designated by the state engineer to come under the provisions of this chapter in [such] an amount as is necessary to pay those salaries, together with necessary expenses, including the compensation and other expenses of the [state] well drillers’ advisory board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs. In designated areas within which the use of ground water is predominantly for agricultural purposes the levy must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge is $1.

      3.  The salaries and expenses may be paid by the state engineer from the water distribution revolving account pending the levy and collection of the [tax] assessment as provided in this section.

      4.  The proper officers of the county shall levy and collect the special [tax] assessment as other special [taxes] assessments are levied and collected, and the [tax] assessment is a lien upon the property.

      5.  The [tax] assessment provided for, when collected, must be deposited with the state treasurer for credit to the water district account to be accounted for in basin well accounts.

      6.  Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller [must] shall transfer that amount to a separate operating account for that fiscal year for the ground water basin. Claims against the account must be approved by the ground water board and paid as other claims against the state are paid. The state engineer may use money in a particular basin well account to support an activity outside the basin in which the money is collected if the activity bears a direct relationship to the responsibilities or activities of the state engineer regarding the particular ground water basin.

      Sec. 5.  This act becomes effective upon passage and approval.

 

________


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

ê1995 Statutes of Nevada, Page 223ê

 

CHAPTER 151, AB 431

Assembly Bill No. 431–Committee on Ways and Means

CHAPTER 151

AN ACT relating to the Nevada commissioner for veteran affairs; creating the trust fund for the estates of persons for whom the Nevada commissioner for veteran affairs acts as guardian; requiring the commissioner to maintain a checking account to pay certain expenses of the persons for whom the commissioner acts as guardian; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The trust fund for the estates of persons for whom the Nevada commissioner for veteran affairs acts as guardian is hereby created. All money received by the commissioner as guardian for those persons pursuant to NRS 417.110 must be deposited with the state treasurer for credit to the fund.

      2.  The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.

      3.  The commissioner shall:

      (a) Account separately for the money in the fund which is attributable to the estate of each person for whom he acts as guardian; and

      (b) Allocate the interest earned on the money in the fund to each person for whom he acts as guardian based on the percentage of the money in the fund which is attributable to the estate of each of those persons.

      Sec. 3.  1.  The commissioner shall maintain a checking account to pay the expenses of those persons for whom the commissioner acts as guardian pursuant to NRS 417.110 which require immediate payment.

      2.  The state treasurer shall reimburse the checking account with money from the fund as soon as practicable after the commissioner makes an expenditure from that account.

      3.  The commissioner shall not expend money from the checking account for any purpose other than the purpose described in subsection 1.

      Sec. 4.  1.  Except as otherwise provided in subsection 2, on July 1, 1995, or as soon thereafter as practicable, the Nevada commissioner for veteran affairs shall deposit the money in the estates of the persons for whom the commissioner acts as guardian with the state treasurer for credit to the trust fund for the estates of persons for whom the Nevada commissioner for veteran affairs acts as guardian created pursuant to section 2 of this act.

      2.  If on July 1, 1995, any money in the estate of a person for whom the commissioner acts as guardian is invested in a manner which, if the money were withdrawn from those investments on that date, would require the estate to pay a fee or penalty for that withdrawal, the commissioner shall not withdraw that money for deposit with the state treasurer for credit to the fund unless the commissioner, in cooperation with the state treasurer, determines that liquidation of the investments in the estate is in the best financial interests of the estate. The commissioner shall deposit the money in the estate with the state treasurer for credit to the fund as soon as practicable after the liquidation or date of maturity of those investments.


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ê1995 Statutes of Nevada, Page 224 (Chapter 151, AB 431)ê

 

state treasurer for credit to the fund as soon as practicable after the liquidation or date of maturity of those investments.

      Sec. 5.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 152, AB 396

Assembly Bill No. 396–Assemblymen Sandoval, Goldwater, Manendo, Nolan, Humke, Buckley, Carpenter, de Braga, Freeman, Monaghan, Bennett, Marvel, Neighbors, Ernaut, Lambert, Anderson, Krenzer, Hettrick, Steel, Perkins, Ohrenschall, Stroth, Tiffany, Evans, Close, Allard, Harrington, Giunchigliani, Braunlin, Tripple, Fettic, Segerblom, Williams, Price, Schneider, Bache, Batten, Chowning, Spitler, Arberry, Brower and Dini

CHAPTER 152

AN ACT relating to crimes; restricting the granting of probation to persons convicted of certain sexual offenses involving children; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  [Whenever] Except as otherwise provided in this section, whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of murder of the first or second degree, kidnaping in the first degree, sexual assault, attempted sexual assault of a child who is less than 16 years of age, an offense for which the suspension of sentence or the granting of probation is expressly forbidden, or where the defendant is found to be a habitual criminal pursuant to NRS 207.010, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of indecent or obscene exposure or of lewdness only if a certificate of a psychologist or psychiatrist, as required by NRS 201.210, 201.220 or 201.230, is received by the court. The court shall consider the standards adopted pursuant to NRS 213.10988 and the recommendation of the chief parole and probation officer, if any, in determining whether to grant probation.

      2.  If the court determines that a defendant is otherwise eligible for probation but requires more supervision than would normally be provided to a person granted probation, the court may, in lieu of sentencing him to a term of imprisonment, grant him probation pursuant to the program of intensive supervision established pursuant to NRS 176.198.

      3.  The district judge shall not, except as otherwise provided in this subsection, grant probation to a person convicted of a felony until the judge receives a written report from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, but if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.


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ê1995 Statutes of Nevada, Page 225 (Chapter 152, AB 396)ê

 

no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      4.  If the court determines that a defendant is otherwise eligible for probation, the court shall when determining the conditions of that probation consider the imposition of such conditions as would facilitate timely payments by the defendant of his obligation, if any, for the support of a child and the payment of any such obligation which is in arrears.

 

________

 

 

CHAPTER 153, SB 286

Senate Bill No. 286–Senators O’Connell and James

CHAPTER 153

AN ACT relating to execution; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; requiring, under certain circumstances, a person who charges a fee for recording a declaration of homestead to provide a written notice that the declaration may be recorded by the person being charged without the payment of a fee; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as provided by subsections 2 and 3.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$95,000] $125,000 in value.

      3.  The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

by both husband and wife, when that relation exists.

      4.  Any declaration of homestead which has been filed before [July 1, 1989,] October 1, 1995, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before [July 1, 1989.] October 1, 1995.


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ê1995 Statutes of Nevada, Page 226 (Chapter 153, SB 286)ê

 

      Sec. 2.  NRS 115.020 is hereby amended to read as follows:

      115.020  1.  The selection must be made by either the husband or wife, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it, and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his own behalf. The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by him, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      Sec. 3.  NRS 115.050 is hereby amended to read as follows:

      115.050  1.  Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated, that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$95,000,] $125,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property, and if the amount of equity exceeds the sum of [$95,000,] $125,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.


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ê1995 Statutes of Nevada, Page 227 (Chapter 153, SB 286)ê

 

amount of equity exceeds the sum of [$95,000,] $125,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

      2.  If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$95,000] $125,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$95,000] $125,000 may be received by the officer making the sale.

      3.  When the execution is against a husband or wife, the judge may direct the [$95,000] $125,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.

      Sec. 4.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR YOUR WAGES ARE BEING GARNISHED

 

       A court has determined that you owe money to .........................(name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.


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ê1995 Statutes of Nevada, Page 228 (Chapter 153, SB 286)ê

 

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed [$95,000,] $125,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,500.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       13.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ………………..(name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.


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ê1995 Statutes of Nevada, Page 229 (Chapter 153, SB 286)ê

 

      Sec. 5.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section:

      (a) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes.

      (b) Necessary household goods, as defined in 16 C.F.R. §444.1(i) as that section existed on January 1, 1987, and yard equipment, not to exceed $3,000 in value, belonging to the judgment debtor to be selected by him.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of himself and his family not to exceed $4,500 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph (o), one vehicle if the judgment debtor’s equity does not exceed $1,500 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any pay period, 75 percent of the disposable earnings of a judgment debtor during that period, or for each week of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (n), (r) and (s), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph, “disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law, to be withheld.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this state, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this state and all lots, buildings and other school property owned by a school district and devoted to public school purposes.


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

ê1995 Statutes of Nevada, Page 230 (Chapter 153, SB 286)ê

 

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$95,000] $125,000 in value and the dwelling is situate upon lands not owned by him.

      (n) All property in this state of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      (o) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      (p) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      (q) Money, not to exceed $100,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

      (r) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

      (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      2.  No article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply to property owned by a resident of this state unless conferred also by subsection 1, as limited by subsection 2, of this section.

      Sec. 6.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or


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

ê1995 Statutes of Nevada, Page 231 (Chapter 153, SB 286)ê

 

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

       Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

       Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

       1.  Payments received under the Social Security Act.

       2.  Payments for benefits or the return of contributions under the public employees’ retirement system.

       3.  Payments for public assistance granted through the welfare division of the department of human resources.

       4.  Proceeds from a policy of life insurance.

       5.  Payments of benefits under a program of industrial insurance.

       6.  Payments received as unemployment compensation.

       7.  Veteran’s benefits.

       8.  A homestead in a dwelling or a mobile home, not to exceed [$95,000,] $125,000, unless the judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

       9.  A vehicle, if your equity in the vehicle is less than $1,500.

       10.  Seventy-five percent of the take home pay for any pay period, unless the weekly take home pay is less than 30 times the federal minimum wage, in which case the entire amount may be exempt.

       11.  Money, not to exceed $100,000 in present value, held for retirement pursuant to certain arrangements or plans meeting the requirements for qualified arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26 U.S.C. §§ 401 et seq.).

       12.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the state.

       13.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.


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ê1995 Statutes of Nevada, Page 232 (Chapter 153, SB 286)ê

 

       14.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

       15.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through ……………….. (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

       If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

       IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

       If you received this notice with a notice or a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

       IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

 

________


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

ê1995 Statutes of Nevada, Page 233ê

 

CHAPTER 154, SB 275

Senate Bill No. 275–Senator Neal

CHAPTER 154

AN ACT relating to state personnel; requiring the state personnel system to provide that a state employee is entitled to a copy of any findings or recommendations made by an appointing authority or his representative regarding proposed disciplinary action; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.383 is hereby amended to read as follows:

      284.383  1.  The commission shall adopt by regulation a system for administering disciplinary measures against a state employee in which, except in cases of serious violations of law or regulations, less severe measures are applied at first, after which more severe measures are applied only if less severe measures have failed to correct the employee’s deficiencies.

      2.  The system adopted pursuant to subsection 1 must provide that a state employee is entitled to receive a copy of any findings or recommendations made by an appointing authority or his representative, if any, regarding proposed disciplinary action.

 

________

 

 

CHAPTER 155, SB 201

Senate Bill No. 201–Committee on Finance

CHAPTER 155

AN ACT making an appropriation to the office of state treasurer for an automated check distribution machine, computer hardware and office equipment; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the office of state treasurer the sum of $19,068 for an automated check distribution machine, computer hardware, printers and office equipment.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 234ê

 

CHAPTER 156, SB 71

Senate Bill No. 71–Committee on Commerce and Labor

CHAPTER 156

AN ACT relating to contractors; authorizing the state contractors’ board to order a licensee to correct a condition resulting from an act which constitutes a cause for disciplinary action; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 624.300 is hereby amended to read as follows:

      634.300  1.  The board may [suspend] :

      (a) Suspend or revoke licenses already issued [, refuse] ;

      (b) Refuse renewals of licenses [, impose] ;

      (c) Impose limits on the field, scope and monetary limit of the license [, impose] ;

      (d) Impose an administrative fine of not more than $5,000 ;

      (e) Order the licensee to take action to correct a condition resulting from an act which constitutes a cause for disciplinary action, at the licensee’s cost; or [reprimand]

      (f) Reprimand or take other less severe disciplinary action, including , without limitation, increasing the amount of the surety bond or cash deposit of the licensee,

if the licensee commits any act which constitutes a cause for disciplinary action.

      2.  If the board suspends or revokes the license of a contractor for failure to establish financial responsibility, the board may, in addition to any other conditions for reinstating or renewing the license, require that each contract undertaken by the licensee for a period to be designated by the board, not to exceed 12 months, be separately covered by a bond or bonds approved by the board and conditioned upon the performance of and the payment of labor and materials required by the contract.

      3.  If discipline is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

 

________


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

ê1995 Statutes of Nevada, Page 235ê

 

CHAPTER 157, AB 84

Assembly Bill No. 84–Committee on Judiciary

CHAPTER 157

AN ACT relating to civil commitment; revising the circumstances under which an alcoholic or a drug addict convicted of a crime is eligible to elect treatment for the abuse of alcohol or drugs before sentencing; requiring such a person to pay for that treatment to the extent of his financial resources; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 458.300 is hereby amended to read as follows:

      458.300  Subject to the provisions of NRS 458.290 to 458.350, inclusive, an alcoholic or a drug addict who has been convicted of a crime is eligible to elect to be assigned by the court to a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 before he is sentenced unless:

      1.  The crime is a crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS [;] or the crime is an act which constitutes domestic violence as set forth in NRS 33.018;

      2.  The crime is that of trafficking of a controlled substance;

      3.  The crime is that of driving under the influence of intoxicating liquor or while an habitual user or under the influence of a controlled substance or while incapable of safely driving because of the use of any chemical, poison or organic solvent as provided for in NRS 484.379, or such driving which causes the death of or substantial bodily harm to another person as provided in NRS 484.3795;

      4.  The alcoholic or drug addict has a record of [one] two or more convictions of a crime described in subsection 1 or 2, a similar crime in violation of the laws of another state, or of [two] three or more convictions of any felony;

      5.  Other criminal proceedings alleging commission of a felony are pending against the alcoholic or drug addict;

      6.  The alcoholic or drug addict is on probation or parole and the appropriate parole or probation authority does not consent to the election; or

      7.  The alcoholic or drug addict elected and was admitted, pursuant to NRS 458.290 to 458.350, inclusive, to a program of treatment not more than twice within the preceding 5 years.

      Sec. 2.  NRS 458.320 is hereby amended to read as follows:

      458.320  1.  If the court, after a hearing, determines that a person is entitled to accept the treatment offered pursuant to NRS 458.310, the court shall order an approved facility for the treatment of abuse of alcohol or drugs to conduct an examination of the person to determine whether he is an alcoholic or drug addict and is likely to be rehabilitated through treatment. The facility shall report to the court the results of the examination and recommend whether the person should be placed under supervision for treatment.

      2.  If the court, acting on the report or other relevant information, determines that the person is not an alcoholic or drug addict, is not likely to be rehabilitated through treatment or is otherwise not a good candidate for treatment, he may be sentenced and the sentence executed.


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

ê1995 Statutes of Nevada, Page 236 (Chapter 157, AB 84)ê

 

      3.  If the court determines that the person is an alcoholic or drug addict, is likely to be rehabilitated through treatment and is a good candidate for treatment, the court may:

      (a) Impose any conditions to the election of treatment that could be imposed as conditions of probation;

      (b) Defer sentencing until such time, if any, as sentencing is authorized pursuant to NRS 458.330; and

      (c) Place the person under the supervision of an approved facility for treatment for not less than 1 year nor more than 3 years.

The court may require such progress reports on the treatment of the person as it deems necessary.

      4.  A person who is placed under the supervision of an approved facility for treatment shall pay the cost of the program of treatment to which he is assigned and the cost of any additional supervision that may be required, to the extent of his financial resources. The court may issue a judgment in favor of the court or facility for treatment for the costs of the treatment and supervision which remain unpaid at the conclusion of the treatment. Such a judgment constitutes a lien in like manner as a judgment for money rendered in a civil action, but in no event may the amount of the judgment include any amount of the debt which was extinguished by the successful completion of community service pursuant to subsection 5.

      5.  If the person who is placed under the supervision of an approved facility for treatment does not have the financial resources to pay all of the related costs:

      (a) The court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs; and

      (b) The court may order the person to perform supervised work for the benefit of the community in lieu of paying the remainder of the costs relating to his treatment and supervision. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the person performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.

      6.  No person may be placed under the supervision of a facility under this section unless the facility accepts him for treatment.

      Sec. 3.  NRS 458.330 is hereby amended to read as follows:

      458.330  1.  Whenever a person is placed under the supervision of a treatment facility, his sentencing must be deferred, and , except as otherwise provided in subsection 4, his conviction must be set aside if the treatment facility certifies to the court that he has satisfactorily completed the treatment program, and the court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

      2.  If, upon the expiration of the treatment period, the treatment facility has yet to certify that the person has completed his treatment program, the court shall sentence him.


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

ê1995 Statutes of Nevada, Page 237 (Chapter 157, AB 84)ê

 

shall sentence him. If he has satisfied the conditions to the election of treatment and the court believes that he will complete his treatment on a voluntary basis, it may, in its discretion, set the conviction aside.

      3.  If, before the treatment period expires, the treatment facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable treatment facility, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Whenever a person is sentenced under this section, time spent in institutional care must be deducted from any sentence imposed.

      4.  Regardless of whether the person successfully completes treatment, the court shall not set aside the conviction of a person who has a record of two or more convictions of any felony for two or more separate incidences.

      Sec. 4.  1.  The amendatory provisions of this act do not apply to a criminal offender who is found, by a court of competent jurisdiction, to be ineligible for assignment to a program of treatment pursuant to NRS 458.300 before October 1, 1995.

      2.  The amendatory provisions of section 2 of this act do not apply to a criminal offender whose criminal conduct occurred before October 1, 1995.

      3.  The amendatory provisions of section 3 of this act do not apply to a criminal offender who was assigned to a program of treatment pursuant to NRS 453.580 before October 1, 1995.

 

________

 

 

CHAPTER 158, SB 290

Senate Bill No. 290–Committee on Government Affairs

CHAPTER 158

AN ACT relating to state employment; revising provisions governing the certification of applicants for appointment to the classified service of the state; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.265 is hereby amended to read as follows:

      284.265  [Appointing] Except as otherwise provided in NRS 284.305, appointing authorities shall give [written] notice to the director of their intention to [establish new positions and of the existence of] fill any vacancy [to be filled in any office or employment] in the classified service. [Within] Except as otherwise provided in this section, within a reasonable time after the receipt of [such] the notice, the director shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the five names at the head thereof.


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

ê1995 Statutes of Nevada, Page 238 (Chapter 158, SB 290)ê

 

Except as otherwise provided in this section, within a reasonable time after the receipt of [such] the notice, the director shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified, the five names at the head thereof. If the competitive examination for that position is scored to the nearest one-hundredth of a point and there are more than five persons having the five highest scores, the names of each of those persons must be so certified.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 159, AB 137

Assembly Bill No. 137–Committee on Government Affairs

CHAPTER 159

AN ACT relating to local governments; prohibiting the restraint of competition among bidders to purchase or lease the property of a local government; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 332 of NRS is hereby amended by adding thereto a new section to read as follows:

      When sealed bids or proposals, or oral bids, are accepted for the purchase or lease of the property of a local government:

      1.  Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition, by agreement to bid a fixed price or otherwise, is unlawful and renders the bids or proposals of the colluding bidders void.

      2.  Advance disclosure of any information to a bidder which would give him an advantage over another bidder, if made or permitted by a member, employee or representative of the governing body renders all bids or proposals void.

 

________


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

ê1995 Statutes of Nevada, Page 239ê

 

CHAPTER 160, AB 286

Assembly Bill No. 286–Assemblymen Lambert, Humke, Price, Tiffany, Sandoval, Marvel, Manendo, Brower, Bache, Anderson, Neighbors, Allard, Bennett, Ernaut, Evans, Close, Monaghan, Batten, Stroth, Fettic, Carpenter, Tripple, Harrington, Steel, Hettrick, Nolan, Segerblom, Williams, Perkins and Giunchigliani

CHAPTER 160

AN ACT relating to the administrative procedure act; revising the provisions governing the contents of the notice for proposed administrative regulations; and providing other matters properly relating thereto.

 

[Approved June 7, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 233B.0603 is hereby amended to read as follows:

      233B.0603  1.  The notice of intent to act upon a regulation must:

      (a) Include a statement of [the] :

             (1) The need for and purpose of the proposed regulation . [, and either]

             (2) Either the terms or substance of the proposed regulation or a description of the subjects and issues involved . [, and of the]

             (3) The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

             (I) Both adverse and beneficial effects; and

             (II) Both immediate and long-term effects.

             (4) The estimated cost to the agency for enforcement of the proposed regulation.

             (5) Any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary.

             (6) The time when, the place where, and the manner in which, interested persons may present their views [thereon.] regarding the proposed regulation.

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

      (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.

      (d) Include a statement indicating whether the regulation establishes any new fee or increases an existing fee.

      (e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for [such] that purpose.

      2.  The attorney general may by regulation prescribe the form of notice to be used, which must be distributed to each recipient of the agency’s regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      Sec. 2.  The amendatory provisions of this act do not apply to a temporary regulation for which:


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

ê1995 Statutes of Nevada, Page 240 (Chapter 160, AB 286)ê

 

      1.  A hearing was held before July 1, 1995; and

      2.  No further hearings are scheduled before adoption as a permanent regulation.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 161, AB 147

Assembly Bill No. 147–Committee on Natural Resources, Agriculture and Mining

CHAPTER 161

AN ACT relating to wildlife; repealing the authority of the board of wildlife commissioners to establish the number of license agents to be designated in any locality; requiring the board of wildlife commissioners to adopt regulations establishing requirements for the furnishing of surety bonds by those agents; repealing the authority of the division of wildlife of the state department of conservation and natural resources to suspend a license agent’s authority; increasing the service fees which license agents are entitled to receive; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.040 is hereby amended to read as follows:

      502.040  1.  The commission shall adopt regulations regarding [the number of license agents to be designated in any locality, the] :

      (a) The standards to be met by license agents [, the] in the performance of their duties;

      (b) The requirements for the furnishing of surety bonds by license agents;

      (c) The manner of remitting money to the division [, and the] ; and

      (d) The manner of accounting for licenses, tags, stamps and permits received, issued, sold or returned.

A license agent’s authority may be revoked [or suspended] by the division for his failure to abide by the regulations of the commission. The agent may appeal to the commission for reinstatement.

      2.  A license agent designated by the division is responsible for the correct issuance of all licenses, tags, stamps and permits entrusted to him, and, so far as he is able, for ensuring that no licenses are issued upon the false statement of an applicant. Before issuing any license, the license agent shall satisfy himself of the identity of the applicant and the place of his residence, and may require any applicant to present proof of his identity and residence.

      3.  [Except as otherwise provided in subsection 4, a license agent shall furnish a bond to the division for the proper performance of his duties, executed by the license agent as principal, and by a corporation qualified under the laws of this state as surety, and payable to the State of Nevada in such an amount as is determined by the commission. The premium for the bond must be paid by the license agent, except in remote areas where the agency is established for the convenience of the commission, in which case the premium must be paid from the wildlife account in the state general fund.


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

ê1995 Statutes of Nevada, Page 241 (Chapter 161, AB 147)ê

 

      4.  In lieu of a bond, the license agent may purchase inventory in advance of sales or deposit with the division a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the division.

      5.]  A license agent is responsible to the division for the collection of the correct and required fee, for the safeguarding of the money collected by him, and for the prompt remission to the division for deposit in accordance with NRS 501.356 of all money collected. The division shall furnish to the license agent receipts for all money which he remits to it. A license agent shall furnish a receipt to the division of all licenses, tags, stamps or permits which he receives from it.

      [6.] 4.  For each license, tag, stamp or permit he sells, a license agent is entitled to receive a service fee of:

      (a) [Fifty cents] One dollar for each license, tag or permit, in addition to the fee for the license, tag or permit; and

      (b) Ten cents for each stamp or similar document issued which does not require completion by the agent.

      [7.] 5.  Any person authorized to enforce this chapter may inspect, during the license agent’s normal business hours, any record or document of the agent relating to the issuance of any such license, tag or permit.

      [8.] 6.  All money collected by a license agent, except service fees collected pursuant to subsection [6,] 4, is public money of the State of Nevada, and the state has a prior claim for the amount of money due it upon all assets of the agent over all creditors, assignees or other claimants. The use of this money for private or business transactions is a misuse of public funds and punishable under the laws provided.

      Sec. 2.  This act becomes effective on March 1, 1996.

 

________

 

 

CHAPTER 162, AB 36

Assembly Bill No. 36–Assemblyman Segerblom

CHAPTER 162

AN ACT relating to the state archives; revising various provisions governing the inspection of certain records in the state archives; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 378.290 is hereby amended to read as follows:

      378.290  1.  The records of the governor’s office, which include correspondence sent or received by the governor or employees of his office in the performance of governmental duties, are the property of the State of Nevada and must be transferred to the division before the governor leaves office.


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

ê1995 Statutes of Nevada, Page 242 (Chapter 162, AB 36)ê

 

      2.  The division shall make the records of a former governor available for inspection, except:

      (a) If that correspondence identifies or can be readily associated with the identity of any person other than a public officer or employee acting in his official capacity [,] and has been in the possession of the division for less than 10 years, the name and facts which identify that person must be deleted before the correspondence is disclosed, unless the person so named or identified is deceased or gives his prior written permission for the disclosure.

      b.  Any records that have been declared by law to be confidential are not subject to the provisions of this subsection during the period of confidentiality specified in NRS 378.300.

      (c) Any agreement between a former governor and the division made before the passage of this act which provides for a period of confidentiality [,] is unaffected by the provisions of this section.

      [(c)] (d) Records of the governor’s office which are transferred to the division during the governor’s term of office remain in the custody of the governor and are not subject to the provisions of this subsection [2] until after he leaves office.

      Sec. 2.  NRS 378.300 is hereby amended to read as follows:

      378.300  Public records acquired by the division which have been declared by law to be confidential must remain confidential for [50] 30 years, or if the record relates to a natural person , until his death, whichever is later, unless another period has been fixed by specific statute.

 

________

 

 

CHAPTER 163, SB 359

Senate Bill No. 359–Committee on Natural Resources

CHAPTER 163

AN ACT relating to measurements; revising the provisions relating to the registration of persons who repair weighing and measuring devices; revising the duty of the state sealer of weights and measures to test weighing and measuring devices and the equipment used to repair those devices; authorizing certain persons who are registered to repair weighing and measuring devices to test a device used only to weigh or measure propane; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The state sealer of weights and measures may authorize a person who has been issued a certificate of registration pursuant to NRS 581.103 to conduct the test required by NRS 581.070 if the weighing or measuring device to be tested is used only to weigh or measure propane.

      2.  If a test conducted pursuant to subsection 1 indicates that the weighing or measuring device which was tested does not comply with the regulations adopted pursuant to NRS 581.050, the person who conducted the test may repair or adjust the device so that it complies with those regulations.


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

ê1995 Statutes of Nevada, Page 243 (Chapter 163, SB 359)ê

 

adopted pursuant to NRS 581.050, the person who conducted the test may repair or adjust the device so that it complies with those regulations.

      3.  As soon as the weighing or measuring device tested pursuant to subsection 1 complies with the regulations adopted pursuant to NRS 581.050, the person who tested the device shall:

      (a) Seal or mark the device as required by NRS 581.080; and

      (b) Within 24 hours after completing the test of the device, notify the state sealer of weights and measures on a form prescribed by the state sealer of weights and measures that the device complies with the regulations and that the device has been sealed or marked as required by NRS 581.080.

      4.  The form prescribed in subsection 3 must include the registration number and signature of the person who tested the device.

      Sec. 2.  NRS 581.050 is hereby amended to read as follows:

      581.050  1.  The state sealer of weights and measures [is authorized:

      1.  To promulgate rules and] may:

      (a) Adopt regulations for the efficient enforcement of this chapter.

      [2.  To make such rules and]

      (b) Ensure that those regulations comply, insofar as practicable, with the specifications, tolerances and regulations recommended by the National Bureau of Standards.

      [3.  To promulgate rules and]

      (c) Adopt regulations for the submission for approval of types and designs of weights and measures and weighing, measuring and counting [instruments] devices intended for commercial use.

      2.  The state sealer of weights and measures shall adopt regulations which prescribe the:

      (a) Standards for weighing and measuring devices;

      (b) Requirements for the issuance of a certificate of registration pursuant to NRS 581.103; and

      (c) Standards for the equipment used to repair or adjust weighing or measuring devices.

      Sec. 3.  NRS 581.070 is hereby amended to read as follows:

      581.070  1.  The state sealer of weights and measures [shall have the power to, and he] shall:

      (a) [Inspect, test, try, and ascertain if they are correct and in compliance with applicable specifications and regulations,] Except as otherwise provided in section 1 of this act, inspect, test and try all commercial weights, measures and weighing or measuring devices, kept or used or employed commercially or by an agency of this state in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption purchased or offered for sale, hire or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for [such determination.

      (b) From time to time, weigh] that determination and determine whether those commercial weights, measures and weighing or measuring devices are correct and in compliance with the regulations adopted pursuant to NRS 581.050.


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

ê1995 Statutes of Nevada, Page 244 (Chapter 163, SB 359)ê

 

      (b) Weigh or measure and inspect packages or amounts of commodities [of whatever kind] kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, [in order] to determine whether [the same] they contain the amounts represented, and whether they are offered for sale or sold in a manner in accordance with law.

      [(c) Test, at such time intervals as he may deem necessary, all commercial weights, measures and weighing or measuring devices used, to see that they are correct and in compliance with applicable specifications and regulations.]

      2.  The state sealer of weights and measures, for the purpose mentioned in subsection 1 and in the general performance of his official duties, may enter and go into or upon, without formal warrant, any stand, place, building or premises, or stop any vendor, peddler, junk dealer, driver of any delivery vehicle, or any person , [whatsoever,] and require him, if necessary, to proceed to the nearest [authorized place which the state sealer of weights and measures may specify for the purpose of making the proper tests.] location where the state sealer of weights and measures may perform the tests prescribed in subsection 1.

      Sec. 4.  NRS 581.075 is hereby amended to read as follows:

      581.075  The state sealer of weights and measures may establish [a] :

      1.  A schedule of fees for any tests of weighing and measuring devices determined by him to be necessary.

      2.  An annual fee for the issuance of a certificate of registration pursuant to NRS 581.103.

      Sec. 5.  NRS 581.103 is hereby amended to read as follows:

      581.103  1.  Any person who [desires] wishes to make any repair or adjustment, for hire, to a weighing or measuring [instrument shall register his name and address with the state sealer of weights and measures. Such] device must submit to the state sealer of weights and measures:

      (a) An application for a certificate of registration on a form provided by the state sealer of weights and measures;

      (b) The annual fee prescribed by regulation pursuant to NRS 581.075; and

      (c) The equipment the person will use to repair or adjust weighing or measuring devices. The state sealer of weights and measures shall inspect the equipment to ensure that the equipment complies with the standards set forth in the regulations adopted pursuant to NRS 581.050.

      2.  The state sealer of weights and measures shall issue to any person who complies with the requirements of subsection 1 a certificate of registration. The certificate must include a unique registration number.

      3.  A certificate of registration is effective for the calendar year [,] in which it is issued, and may be renewed upon application on or before January 15 of [any] the succeeding year. Any person who, for hire, makes [such] a repair or adjustment to a weighing or measuring device without being [currently so] registered pursuant to this section shall be punished as provided in NRS 581.450.

      [2.  Any]

      4.  Except as otherwise provided in section 1 of this act, any person who sells or installs or makes any repair or adjustment to a commercially used weighing or measuring device [or sells or installs any such device] shall within [48] 24 hours notify the state sealer of weights and measures, [in writing, of such] on a form provided by the state sealer of weights and measures, of that repair, adjustment, sale or installation.


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

ê1995 Statutes of Nevada, Page 245 (Chapter 163, SB 359)ê

 

writing, of such] on a form provided by the state sealer of weights and measures, of that repair, adjustment, sale or installation. If [such] a person who has been issued a certificate of registration pursuant to subsection 2 fails to [give such notification,] notify the state sealer of weights and measures as required by this subsection, the state sealer of weights and measures may suspend the certificate of registration of [such] that person for [a period of] not more that 10 days and may, after a hearing, revoke [such] his certificate of registration.

      [3.] 5.  The form required pursuant to subsection 4 must include:

      (a) The registration number and signature of the person who sold, installed, repaired or adjusted the device; and

      (b) A statement requesting that the state sealer of weights and measures inspect the weighing or measuring device and seal or mark it if it complies with the standards set forth in the regulations adopted pursuant to NRS 581.050.

      6.  Any person required to register pursuant to subsection 1 who employs any other person to make any repair or adjustment to a weighing or measuring [instrument] device is responsible for the registration of [such] that employee in the manner required by subsection 1.

      [4.] 7.  The provisions of this section [shall] do not apply to a public utility subject to the jurisdiction of the public service commission of Nevada.

      Sec. 6.  NRS 581.105 is hereby amended to read as follows:

      581.105  1.  Any person who purchases, installs or places in use for commercial purposes any weight or measure, or any weighing, measuring or counting [instrument or] device of any type or design shall within [48] 24 hours notify the state sealer of weights and measures of [such] that purchase, installation or use in writing. The notice [shall] must inform the state sealer of:

      (a) The date of purchase, installation or use;

      (b) The manufacturer and model or type of the weight, measure [, device or instrument;] or device; and

      (c) The address at which the weight, measure [, device or instrument] or device is located.

      2.  Any violation of this section shall be punished as provided in NRS 581.450.

 

________


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ê1995 Statutes of Nevada, Page 246ê

 

CHAPTER 164, SB 410

Senate Bill No. 410–Committee on Natural Resources

CHAPTER 164

AN ACT relating to estrays; providing that certain expenses relating to estrays that are required to be paid by the division of agriculture of the department of business and industry must be paid out of the proceeds of the sales of such estrays; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.335 is hereby amended to read as follows:

      561.335  1.  The revolving account for agriculture working capital in the amount of $10,000 is hereby created for the use of the division.

      2.  The account must be used specifically for carrying out the provisions of NRS 569.010 to 569.080, inclusive, and 569.100 to 569.130, inclusive.

      3.  The account may be used for:

      (a) Paying the expenses of all programs and laws administered by the division, [and in such case, the] except expenses related to estrays which are required to be paid pursuant to NRS 569.090. The account must be reimbursed promptly from the proper funds in the state treasury by claims paid as other claims against the state are paid [.] for any expenses paid pursuant to this paragraph.

      (b) Providing advance money to officers and employees of the [department] division for travel expenses and subsistence allowances arising out of their official duties or employment. Such an advance constitutes a lien in favor of the [department] division upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the administrator may advance more than the amount of the accrued wages of the officer or employee. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence in excess of the amount advanced, and a sum equal to the advance must be paid into the revolving account for agriculture working capital.

      (c) Making grants and loans for any purpose authorized by subsection 2 of NRS 561.445. Any loan or grant made pursuant to this paragraph must be reimbursed promptly, as other claims against the state are paid, from the money deposited in the state treasury pursuant to subsection 1 of NRS 561.445.

      4.  The revolving account for agriculture working capital must be deposited in a bank qualified to receive deposits of public money and the deposit must be secured by a depository bond satisfactory to the state board of examiners.

      Sec. 2.  NRS 569.090 is hereby amended to read as follows:

      569.090  1.  Except as otherwise provided pursuant to a cooperative agreement established pursuant to NRS 569.031, the division shall:


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ê1995 Statutes of Nevada, Page 247 (Chapter 164, SB 410)ê

 

      (a) Pay the reasonable expenses incurred in taking up, holding, advertising and selling the estray, and any damages for trespass allowed pursuant to NRS 569.440, out of the proceeds of the sale of the estray and shall place the balance in [a savings] an interest-bearing checking account in a bank qualified to receive deposits of public money. The proceeds from the sale and any interest on those proceeds, which are not claimed pursuant to subsection 2 within 1 year after the sale, must be deposited in the state treasury for credit to the livestock inspection account.

      (b) Make a complete record of the transaction, including the marks and brands and other means of identification of the estray, [which record must be] and shall keep the record open to the inspection of the public.

      2.  If the lawful owner of the estray is found within 1 year after its sale and proves ownership to the satisfaction of the division, the net amount received from the sale must be paid to the owner.

      3.  If any claim pending after the expiration of 1 year after the date of sale is denied, the proceeds and any interest thereon must be deposited in the livestock inspection account.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 165, AB 206

Assembly Bill No. 206–Committee on Judiciary

CHAPTER 165

AN ACT relating to marriage; revising provisions governing the existence of commissioner townships for civil marriages; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 122.171 is hereby amended to read as follows:

             122.171  As used in this chapter, “commissioner township” means [:

      1.  Until January 1, 1973, a township in which, at the close of registration for the last preceding general election, there were 8,000 or more registered voters, and which is in a county that had, at the close of registration for such election, 50,000 or more registered voters.

      2.  On and after January 1, 1973,] a township in which, at the close of registration for the last preceding general election, there were [6,000] 7,500 or more registered voters, and which is in a county that had, at the close of registration for [such] that election, 50,000 or more registered voters.

 

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ê1995 Statutes of Nevada, Page 248ê

 

CHAPTER 166, AB 305

Assembly Bill No. 305–Assemblymen de Braga, Segerblom, Perkins, Sandoval, Batten, Manendo, Evans, Bache, Neighbors, Chowning and Ohrenschall

CHAPTER 166

AN ACT relating to civil liability; expanding the immunity from liability granted to persons who distribute, donate or collect food without charge; limiting the liability of certain persons who donate or distribute other grocery products without charge or for a reduced fee; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 41.491 is hereby amended to read as follows:

      41.491  1.  No civil action for an injury or illness which results from the consumption or use of wholesome food [distributed without charge] or a grocery product that is fit for human use may be brought against:

      [1.] (a) A person or an employee of a person who , in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution [; or

      2.] or to any other person for consumption or use;

      (b) A nonprofit charitable organization or an employee of a nonprofit charitable organization which , in good faith, receives or distributes [, donates or collects] without charge, the food [,] or grocery product;

      (c) A person who harvests wholesome food and who, in good faith, donates that food to a nonprofit charitable organization for free distribution or to any other person for consumption; or

      (d) A person to whom wholesome food or a grocery product that is fit for human use has been donated without charge who, in good faith, distributes without charge that food or grocery product to a member of his immediate family,

unless the injury or illness directly resulted from the gross negligence or [a willful act] willful misconduct of the donor, donee, organization or employee.

      2.  If an owner or a manager of property allows a person to glean food from that property in order to distribute that food without charge to other persons or donate the food to a nonprofit charitable organization for free distribution, no civil action for an injury or death resulting from that gleaning may be brought against the owner or manager of the property unless the injury or death directly resulted from the gross negligence or willful misconduct of the owner or manager.

      3.  No civil action for an injury or illness which results from the consumption or use of food or a grocery product which does not comply with all of the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances, may be brought against:


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ê1995 Statutes of Nevada, Page 249 (Chapter 166, AB 305)ê

 

      (a) A person or an employee of a person who, in good faith, donates the food or grocery product to a nonprofit charitable organization for free distribution if, before the food or grocery product is donated:

             (1) The person or employee fully informs the organization that the food or grocery product does not comply with the applicable standards; and

             (2) The organization agrees to recondition the food or grocery product before it is distributed so that it complies with the applicable standards; or

      (b) A nonprofit organization which receives and distributes without charge the food or grocery product if the organization, or any officer, employee or volunteer of the organization, reconditions the food or grocery product before it is distributed so that it complies with the applicable standards,

unless the injury or illness directly resulted from the gross negligence or willful misconduct of the donor, organization, officer, employee or volunteer.

      4.  As used in this section:

      (a) “Donate” means to:

             (1) Give food or a grocery product to another person without requiring anything of monetary value from that person; or

             (2) Sell food or a grocery product for a fee that is significantly less than the cost of the item sold.

      (b) “Glean” means to gather or collect an agricultural crop which is donated by an owner or manager of property.

      (c) “Grocery product that is fit for human use” means a grocery product, other than food, which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes:

             (1) Products which are not readily marketable because of packaging, appearance, age, surplus, size or other condition; and

             (2) Household or industrial cleaning products, personal hygiene products, cleaning equipment and cooking utensils.

      (d) “Wholesome food” means any raw, cooked, processed or prepared food or beverage which is intended for human consumption and which complies with all the applicable standards for quality and labeling imposed by federal and state statutes and regulations and local ordinances. The term includes food which is not readily marketable because of packaging, appearance, age, freshness, grade, surplus, size or other condition.

 

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ê1995 Statutes of Nevada, Page 250ê

 

CHAPTER 167, AB 500

Assembly Bill No. 500–Committee on Government Affairs

CHAPTER 167

AN ACT relating to the public employees’ retirement system; discontinuing charges for deferred protection; repealing the provisions relating to deferred protection; placing the position of administrative analyst in the unclassified service; shortening the period in which a public employer may submit delinquent reports or payments; eliminating the period of retirement before a retired employee may return to work; lengthening the period of additional employment before an employee may combine benefits; revising the provisions regarding the limitation on compensation used to determine the retirement benefit of certain employees; adjusting the calculation for annual increases in benefits; increasing the amount of survivor benefits under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 286 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Charges for deferred protection must not be made on or after July 1, 1995, against the:

      (a) Allowance payable to a beneficiary pursuant to NRS 286.600 or 286.610, as those sections existed on June 30, 1995.

      (b) Service retirement allowance of a member who selected deferred protection for a beneficiary before July 1, 1975, and who will retire on or after July 1, 1995.

      (c) Service retirement allowance of a member who selected deferred protection for a beneficiary before July 1, 1975, and who retired before July 1, 1995.

      2.  If a charge for deferred protection has been made against the allowance or benefit of a member or beneficiary on or after July 1, 1995, the member or beneficiary must notify the board. The board shall adjust the allowance or benefit of the member or beneficiary for any charge made during the period between July 1, 1995, and the date of notification.

      3.  As used in this section, “deferred protection” means the benefit which a member was permitted to select during employment before July 1, 1975, pursuant to NRS 286.600 and 286.610, as those sections existed on June 30, 1995, to provide an allowance to his beneficiary if the member died while employed and before retirement.

      Sec. 2.  NRS 286.160 is hereby amended to read as follows:

      286.160  1.  The board shall employ an executive officer who serves at the pleasure of the board. The executive officer shall select an operations officer, investment officer, manager of information systems , [and] administrative assistant and administrative analyst whose appointments are effective upon confirmation by the board. The operations officer, investment officer, manager of information systems , [and] administrative assistant and administrative analyst serve at the pleasure of the executive officer.

      2.  The executive officer, operations officer, investment officer, manager of information systems , [and] administrative assistant and administrative analyst are entitled to annual salaries fixed by the board with the approval of the interim retirement committee of the legislature.


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ê1995 Statutes of Nevada, Page 251 (Chapter 167, AB 500)ê

 

interim retirement committee of the legislature. The salaries of these employees are exempt from the limitations of NRS 281.123.

      3.  The executive officer must:

      (a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.

      (b) Possess at least 5 years’ experience in a high level administrative or executive capacity, [responsible] including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.

      4.  The operations officer and the investment officer must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.

      5.  The executive officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The executive officer shall not participate in any business enterprise or investment in real or personal property if the system owns or has a direct financial interest in that enterprise or property.

      Sec. 3.  NRS 286.462 is hereby amended to read as follows:

      286.462  If a public employer is delinquent by more than [180] 90 days in submitting a report or paying an amount due pursuant to subsection 3 of NRS 286.460, the system shall submit a written complaint to the department of taxation asking it to take such actions as are necessary to correct a condition of financial difficulty in accordance with NRS 354.650 to 354.720, inclusive.

      Sec. 4.  NRS 286.525 is hereby amended to read as follows:

      286.525  1.  A retired employee who accepts employment in a position eligible for membership may enroll in the system as of the effective date of that employment. If he so enrolls:

      (a) He forfeits all retirement allowances for the duration of that employment.

      (b) Upon termination of the employment, he is entitled to receive, upon written request, a refund of all contributions made by him during the employment. Except as otherwise required as a result of NRS 286.535 or 286.537, if he does not request the refund and the duration of the employment was at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment was:

             (1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designate the same beneficiary as the original allowance.

             (2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 286.545.

      2.  The original service retirement allowance of such a retired employee must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

      (a) NRS 286.551; and


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ê1995 Statutes of Nevada, Page 252 (Chapter 167, AB 500)ê

 

      (b) Section 415 of the Internal Revenue Code (26 U.S.C. § 415), as that section existed on July 5, 1991, if the member’s effective date of membership is on or after January 1, 1990.

      3.  Except as otherwise required as a result of NRS 286.535 or 286.537, a retired employee who has been receiving a retirement allowance [for less than 18 months] and who is reemployed and enrolls in the system for at least [2] 5 years may elect to return all retirement allowances plus interest from the date of return to employment to the date of repayment and have his additional credit for service added to his previous credit for service. If he chooses to do so, he shall be deemed a continuing employee with a break in service. This election must not apply to more than one period of employment after the original retirement.

      4.  The survivor of a deceased member who had previously retired and was rehired and enrolled in the system, who qualifies for benefits pursuant to NRS 286.671 to 286.6793, inclusive, is eligible for the benefits based on the service accrued through the second period of employment if the member elected to receive his service retirement allowance without modification.

      Sec. 5.  NRS 286.535 is hereby amended to read as follows:

      286.535  Notwithstanding any other provision of law, the amount of compensation used to determine the retirement benefit of a member of the system must not exceed [the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C.§ 401(a)(17)), as that section existed on July 5, 1991.] :

      1.  For persons who first became members of the system before July 1, 1996, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1993.

      2.  For persons who first became members of the system on or after July 1, 1996, the limitation provided by section 401(a)(17) of the Internal Revenue Code (26 U.S.C. § 401(a)(17)), as that section existed on July 1, 1996.

      Sec. 6.  NRS 286.5756 is hereby amended to read as follows:

      286.5756  1.  A person is entitled to the increase provided in this section if he began receiving an allowance or benefit:

      (a) Before September 1, 1983, and has received the allowance or benefit for at least 6 continuous months in the 12 months preceding the effective date of the increase; or

      (b) At least 3 years before the increase.

      2.  [Allowances] Except as otherwise provided in subsection 3, allowances or benefits increase once each year on the first day of the month immediately following the anniversary of the date the person began receiving the allowance or benefit, by the lesser of:

      (a) Two percent following the third anniversary of the commencement of benefits, 3 percent following the sixth anniversary of the commencement of benefits and 3.5 percent following the ninth anniversary of the commencement of benefits; or

      (b) The average percentage of increase in the Consumer Price Index (All Items) for the 3 preceding years, unless a different index is substituted by the board.

      3.  In any event, the allowance or benefit of a member must be increased by the percentages set forth in paragraph (a) of subsection 2 if the allowance or benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the board, for the period between the date of his retirement and the date specified in subsection 2.


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ê1995 Statutes of Nevada, Page 253 (Chapter 167, AB 500)ê

 

benefit of a member has not increased at a rate greater than or equal to the average of the Consumer Price Index (All Items), unless a different index is substituted by the board, for the period between the date of his retirement and the date specified in subsection 2.

      4.  The board may use a different index for the calculation made pursuant to paragraph (b) of subsection 2 if:

      (a) The substituted index is compiled and published by the United States Department of Labor; and

      (b) The board determines that the substituted index represents a more accurate measurement of the cost of living for retired employees.

      [4.] 5.  The base from which the increase provided by this section must be calculated is the allowance or benefit in effect on the day before the increase becomes effective.

      Sec. 7.  NRS 286.671 is hereby amended to read as follows:

      286.671  As used in NRS 286.672 to [286.6791,] 286.679, inclusive:

      1.  “Child” means an unmarried person under 18 years of age who is the issue or legally adopted child of a deceased member. As used in this subsection, “issue” means the progeny or biological offspring of the deceased member.

      2.  “Dependent parent” means the surviving parent of a deceased member who was dependent upon the deceased member for at least 50 percent of his support for at least 6 months immediately preceding the death of the deceased member.

      3.  “Spouse” means the surviving husband or wife of a deceased member.

      Sec. 8.  NRS 286.672 is hereby amended to read as follows:

      286.672  1.  Except as otherwise provided in subsection 3, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding his death, or if the employee had 10 or more years of accredited contributing service, certain of his dependents are eligible for payments as provided in NRS 286.671 to [286.6791,] 286.679, inclusive. If the death of the member resulted from a mental or physical condition which required him to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.

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

      3.  If the death of a member is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior contributing service is required to make his dependents eligible for payments under NRS 286.671 to [286.6791,] 286.679, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment or to an accident or occupational disease arising out of employment for which no contribution is made.


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ê1995 Statutes of Nevada, Page 254 (Chapter 167, AB 500)ê

 

      Sec. 9.  NRS 286.673 is hereby amended to read as follows:

      286.673  1.  Except as limited by NRS 286.6775, each child of a deceased member is entitled to receive [the sum of $300] a cumulative benefit of at least $350 per month, beginning on the first day of the month following the member’s death.

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

      (a) His adoption;

      (b) His death;

      (c) His marriage; or

      (d) His attaining the age of 18 years.

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

      (a) High school;

      (b) Vocational or technical school; or

      (c) College or university.

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

      (a) Financially dependent;

      (b) Physically or mentally incompetent.

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

      (a) Surviving parent; or

      (b) Legal guardian.

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

      (a) A full-time student;

      (b) Financially dependent; and

      (c) Physically or mentally incompetent.

      Sec. 10.  NRS 286.674 is hereby amended to read as follows:

      286.674  1.  The spouse of a deceased member is entitled to receive [the sum of $350] a cumulative benefit of at least $400 per month. The payments must begin on the first day of the month immediately following the death of the member and must cease on the last day of the month in which the spouse dies or remarries. If payments cease before the total amount of contributions made by the deceased member have been received by the spouse, the surplus of contributions over payments received must be paid to the spouse.

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

      Sec. 11.  NRS 286.676 is hereby amended to read as follows:

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

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

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


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ê1995 Statutes of Nevada, Page 255 (Chapter 167, AB 500)ê

 

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

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

      (a) This section;

      (b) NRS 286.674; or

      (c) NRS 286.678.

      3.  The benefit payable to the spouse of a member who died before May 19, 1975, is limited to a spouse who received at least 50 percent of his support from the member during the 6 months immediately preceding the member’s death and to the amounts provided in this subsection. If, at the time of his death, the member had 15 or more years of service, his spouse, upon attaining the age of 60 years, may receive [the sum of $350] a cumulative benefit of at least $400 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, the member had 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his spouse, upon attaining the age of 60 years, may receive [$350] a cumulative benefit of at least $400 per month or 50 percent of the average salary received by the member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, must cease upon the death or remarriage of the spouse. Benefits under this section are not renewable following termination.

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

      Sec. 12.  NRS 286.677 is hereby amended to read as follows:

      286.677  If payments or refunds are not made under the provisions of NRS 286.673 to 286.676, inclusive, the dependent parent of a deceased member is entitled to receive [$300] a cumulative benefit of at least $350 per month, and if there are two [such] dependent parents each is entitled to receive [$300] a cumulative benefit of at least $350 per month. Payments to any parent under this section must cease upon the death or remarriage of that parent.

      Sec. 13.  NRS 286.679 is hereby amended to read as follows:

      286.679  1.  If payments to a beneficiary under NRS 286.671 to [286.6791,] 286.679, inclusive, cease before the total contributions of a deceased member have been paid in benefits, and there is no person entitled to receive such benefits under any provision of this chapter, the surplus of such contributions over the benefits actually received may be paid in a lump sum to:

      (a) The beneficiary whom the deceased member designated for this purpose in writing on a form approved by the system.

      (b) If no such designation was made or the person designated is deceased, the beneficiary who previously received the payments.


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ê1995 Statutes of Nevada, Page 256 (Chapter 167, AB 500)ê

 

      (c) If no payment may be made pursuant to paragraphs (a) and (b), the persons entitled as heirs or residuary legatees to the estate of the deceased member.

      2.  A lump-sum payment made pursuant to this section fully discharges the obligations of the system.

      Sec. 14.  NRS 218.2392 is hereby amended to read as follows:

      218.2392  1.  The provisions of NRS 286.671 to [286.6791,] 286.679, inclusive, except NRS 286.6775, relating to benefits for survivors under the public employees’ retirement system, are applicable to a legislator’s dependents, and such benefits for survivors shall be paid by the board following the death of a legislator to the persons entitled thereto from the legislators’ retirement fund.

      2.  It is declared that of the contributions required by subsections 1 and 2 of NRS 218.2387 one-half of 1 percent shall be regarded as costs incurred in benefits for survivors.

      Sec. 15.  NRS 286.595, 286.600, 286.610 and 286.6791 are hereby repealed.

      Sec. 16.  Any increase authorized pursuant to the amendatory provisions of section 6 of this act must commence with the allowance or benefit calculated on October 1, 1995.

      Sec. 17.  1.  If a child of a deceased member is receiving a cumulative benefit of less than $350 per month pursuant to NRS 286.673, the system shall, in accordance with NRS 286.673 as amended by section 9 of this act, increase the benefit in an amount which would make his cumulative benefit $350 per month.

      2.  If a spouse of a deceased member is receiving a cumulative benefit of less than $400 per month pursuant to NRS 286.674, the system shall, in accordance with NRS 286.674 as amended by section 10 of this act, increase the benefit in an amount which would make his cumulative benefit $400 per month.

      3.  If a spouse of a deceased member who had 10 or more years of accredited contributing service is receiving a cumulative benefit of less than $400 per month pursuant to subsection 3 of NRS 286.676, the system shall, in accordance with NRS 286.676 as amended by section 11 of this act, increase the benefit in an amount which would make his cumulative benefit $400 per month.

      4.  If a dependent parent of a deceased member is receiving a cumulative benefit of less than $350 per month pursuant to NRS 286.677, the system shall, in accordance with NRS 286.677 as amended by section 12 of this act, increase the benefit in an amount which would make his cumulative benefit $350 per month.

      Sec. 18.  This act becomes effective on July 1, 1995.

 

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ê1995 Statutes of Nevada, Page 257ê

 

CHAPTER 168, AB 535

Assembly Bill No. 535–Committee on Judiciary

CHAPTER 168

AN ACT relating to crimes against the person; revising the provisions governing the penalty and the penalty hearing for first degree murder; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.030 is hereby amended to read as follows:

      200.030  1.  Murder of the first degree is murder which is:

      (a) Perpetrated by means of poison, lying in wait, torture or child abuse, or by any other kind of willful, deliberate and premeditated killing;

      (b) Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child or sexual molestation of a child under the age of 14 years; or

      (c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody.

      2.  Murder of the second degree is all other kinds of murder.

      3.  The jury before whom any person indicted for murder is tried shall, if they find him guilty thereof, designate by their verdict whether he is guilty of murder of the first or second degree.

      4.  Every person convicted of murder of the first degree shall be punished:

      (a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances.

      (b) Otherwise, by imprisonment in the state prison for life with or without possibility of parole. A determination of whether aggravating circumstances exist is not necessary to fix the penalty at imprisonment for life with or without the possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      5.  Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.

      6.  As used in this section:

      (a) “Child abuse” means physical injury of a nonaccidental nature to a child under the age of 18 years;

      (b) “Sexual abuse of a child” means any of the acts described in NRS 432B.100; and

      (c) “Sexual molestation” means any willful and lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.


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

ê1995 Statutes of Nevada, Page 258 (Chapter 168, AB 535)ê

 

      Sec. 2.  NRS 175.552 is hereby amended to read as follows:

      175.552  1.  Except as otherwise provided in subsection 2, in every case in which there is a finding that a defendant is guilty of murder of the first degree, whether or not the death penalty is sought, the court shall conduct a separate penalty hearing. The separate penalty hearing must be conducted as follows:

      (a) If the finding is made by a jury, the separate penalty hearing must be conducted in the trial court before the trial jury, as soon as practicable.

      (b) If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is sought, the separate penalty hearing must be conducted before a panel of three district judges, as soon as practicable.

      (c) If the finding is made upon a plea of guilty or a trial without a jury and the death penalty is not sought, the separate penalty hearing must be conducted before the judge who conducted the trial or who accepted the plea of guilty, as soon as practicable.

      2.  If a case in which the death penalty is not sought, the parties may by stipulation waive the separate penalty hearing required in subsection 1. When stipulating to such a waiver, the parties may also include an agreement to have the sentence, if any, imposed by the trial judge. Any stipulation pursuant to this subsection must be in writing and signed by the defendant, his attorney, if any, and the prosecuting attorney.

      3.  In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the constitution of the State of Nevada may be introduced. The state may introduce evidence of additional aggravating circumstances as set forth in NRS 200.033, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.

      4.  In a case in which the death penalty is not sought, the jury or the trial judge shall determine whether the defendant should be sentenced to life with the possibility of parole or life without the possibility of parole.

      Sec. 3.  NRS 175.554 is hereby amended to read as follows:

      175.554  In cases in which the death penalty is sought:

      1.  If the penalty hearing is conducted before a jury, the court shall instruct the jury at the end of the hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.

      2.  The jury [, the trial judge] or the panel of judges shall determine:

      (a) Whether an aggravating circumstance or circumstances are found to exist;

      (b) Whether a mitigating circumstance or circumstances are found to exist; and

      (c) Based upon these findings, whether the defendant should be sentenced to [:


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

ê1995 Statutes of Nevada, Page 259 (Chapter 168, AB 535)ê

 

             (1) Life imprisonment with the possibility of parole or life imprisonment without the possibility of parole, in cases in which the death penalty is not sought; or

             (2) Life] life imprisonment with the possibility of parole, life imprisonment without the possibility of parole or death . [, in cases in which the death penalty is sought.]

      3.  The jury or the panel of judges may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      4.  [When] If a jury or a panel of judges imposes a sentence of death, the court shall enter its finding in the record, or the jury shall render a written verdict signed by the foreman. The finding or verdict must designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and must state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      Sec. 4.  NRS 175.556 is hereby amended to read as follows:

      175.556  [If]

      1.  In a case in which the death penalty is sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge who conducted the trial, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.

      2.  In a case in which the death penalty is not sought, if a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the trial judge shall impose the sentence.

      Sec. 5.  This act becomes effective upon passage and approval.

 

________

 

 

CHAPTER 169, SB 197

Senate Bill No. 197–Committee on Finance

CHAPTER 169

AN ACT making an appropriation to the state gaming control board for computer and office equipment; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the state gaming control board the sum of $390,406 for computer and office equipment.


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

ê1995 Statutes of Nevada, Page 260 (Chapter 169, SB 197)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 170, SB 200

Senate Bill No. 200–Committee on Finance

CHAPTER 170

AN ACT making an appropriation to the commission on ethics for certain equipment; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the commission on ethics created pursuant to NRS 281.455 the sum of $8,200 for the purchase of equipment.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 171, AB 158

Assembly Bill No. 158–Committee on Education

CHAPTER 171

AN ACT relating to education; requiring school districts to make available to pupils who are excused from compulsory attendance because of certain physical or mental conditions free appropriate public education in compliance with federal law; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 392.050 is hereby amended to read as follows:

      392.050  1.  A child [shall] must be excused from attendance required by the provisions of NRS 392.040 when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child’s physical or mental condition [or attitude] is such as to prevent or render inadvisable his attendance at school or his application to study.


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

ê1995 Statutes of Nevada, Page 261 (Chapter 171, AB 158)ê

 

prevent or render inadvisable his attendance at school or his application to study.

      2.  A certificate in writing from any [reputable physician,] qualified physician acting within his authorized scope of practice, filed with the board of trustees immediately after its receipt, stating that the child is not able to attend school or that his attendance is inadvisable [shall] must be taken as satisfactory evidence by the board of trustees.

      3.  A board of trustees of a school district which has excused from attendance pursuant to subsection 1 a child who, pursuant to NRS 388.440, qualifies as a pupil with a disability, shall make available to the child a free appropriate public education in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), as that Act existed on July 1, 1995.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 172, AB 277

Assembly Bill No. 277–Committee on Judiciary

CHAPTER 172

AN ACT relating to drivers’ licenses; authorizing a sentence of residential confinement as an alternative to imprisonment for certain convictions relating to driving while a license has been suspended, revoked or restricted; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 483.560 is hereby amended to read as follows:

      483.560  1.  Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when his driver’s license has been canceled, revoked or suspended is guilty of a misdemeanor.

      2.  Except as otherwise provided in this subsection, if the license was suspended, revoked or restricted because of a violation of NRS 484.379, 484.3795, 484.384 or homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance, or the violation of a law of any other jurisdiction which prohibits the same conduct, he shall be punished [by] :

      (a) By imprisonment in jail for not less than 30 days nor more than 6 months [,] ; or

      (b) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000. No person who is punished under this subsection may be granted probation and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty or of nolo contendere to a lesser charge or for any other reason unless, in his judgment the charge is not supported by probable cause or cannot be proved at trial.


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

ê1995 Statutes of Nevada, Page 262 (Chapter 172, AB 277)ê

 

cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated his license.

      3.  Any term of [confinement] imprisonment imposed under the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of [confinement] imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is [confined] imprisoned must not consist of less than 24 hours.

      4.  Jail sentences simultaneously imposed under this section and NRS 484.3792 or 484.3794 must run consecutively.

      5.  The department upon receiving a record of the conviction or punishment of any person under this section upon a charge of driving a vehicle while his license was:

      (a) Suspended shall extend the period of the suspension for an additional like period.

      (b) Revoked shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.

      (c) Restricted shall revoke his restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional year.

      (d) Suspended or canceled for an indefinite period, shall suspend his license for an additional 6 months for the first violation and 1 year for each subsequent violation.

Suspensions and revocations under this section must run consecutively.

 

________

 

 

CHAPTER 173, SB 216

Senate Bill No. 216–Committee on Finance

CHAPTER 173

AN ACT making an appropriation to the department of employment, training and rehabilitation for the developmental disabilities program; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of employment, training and rehabilitation the sum of $227,427 for the developmental disabilities program.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.


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

ê1995 Statutes of Nevada, Page 263 (Chapter 173, SB 216)ê

 

reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 174, AB 151

Assembly Bill No. 151–Assemblymen Stroth, Ernaut, Perkins, Arberry, Allard, Anderson, Braunlin, Batten, Bennett, Steel, Nolan, Monaghan, Carpenter and Schneider

CHAPTER 174

AN ACT relating to criminal procedure; requiring a criminal defendant to serve notice to the prosecuting attorney of prospective witnesses; requiring a party to a criminal proceeding to permit the discovery or inspection of certain statements, documents and places upon the request of the opposing party; and providing other matters properly relating thereto.

 

[Approved June 8, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 174 of NRS is hereby amended by adding thereto a new section to read as follows:

      A defendant shall:

      1.  Not later than the date on which both parties appear before the court and announce they are ready for trial or, if such an appearance is not required, not less than 5 judicial days before trial, file and serve upon the prosecuting attorney a written notice containing the names and last known addresses of all known prospective witnesses; and

      2.  If any witness is expected to offer testimony as an expert witness, file and serve upon the prosecuting attorney not less than 21 days before trial or at such other time as the court may direct, a written notice containing:

      (a) A brief statement regarding the subject matter on which the witness is expected to testify and the substance of his testimony; and

      (b) A copy of the curriculum vitae of the witness.

The defendant has a continuing duty to disclose promptly the names and last known addresses of any additional witnesses which come to the attention of the defendant and to provide promptly any information required by subsection 2.

      Sec. 2.  NRS 174.087 is hereby amended to read as follows:

      174.087  1.  [A] In addition to the written notice required by section 1 of this act, a defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than 10 days before trial or at such other time as the court may direct, file and serve upon the [district] prosecuting attorney a written notice of his intention to claim the alibi. The notice must contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as are known to defendant or his attorney, the names and last known addresses of the witnesses by whom he proposes to establish the alibi.


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

ê1995 Statutes of Nevada, Page 264 (Chapter 174, AB 151)ê

 

to defendant or his attorney, the names and last known addresses of the witnesses by whom he proposes to establish the alibi.

      2.  Not less than 10 days after receipt of the defendant’s list of witnesses, or at such other times as the court may direct, the [district] prosecuting attorney shall file and serve upon the defendant the names and last known addresses, as particularly as are known to the [district] prosecuting attorney, of the witnesses the state proposes to offer in rebuttal to discredit the defendant’s alibi at the trial of the cause.

      3.  Both the defendant and the [district] prosecuting attorney have a continuing duty to disclose promptly the names and last known addresses of additional witnesses which come to the attention of either party after filing their respective lists.

      4.  If a defendant fails to file and serve a copy of the notice required by this section, the court may exclude evidence offered by the defendant to prove an alibi, except the testimony of the defendant himself. If the notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant to prove an alibi if the name and last known address of the witness, as particularly as is known to the defendant or his attorney, is not stated in the notice.

      5.  If the [district] prosecuting attorney fails to file and serve a copy on the defendant of a list of witnesses as required by this section, the court may exclude evidence offered by the state in rebuttal to the defendant’s evidence of alibi. If the list is filed and served by the [district] prosecuting attorney, the court may exclude the testimony of any witness offered by the [district] prosecuting attorney for the purpose of rebutting the evidence of alibi if the name and last known address of the witness, as particularly as is known to the [district] prosecuting attorney, is not stated in the notice. For good cause shown the court may waive the requirements of this section.

      Sec. 3.  NRS 174.235 is hereby amended to read as follows:

      174.235  [Upon motion]

      1.  At the request of a defendant , the [court may order the district attorney to] prosecuting attorney shall permit the defendant to inspect and copy or photograph any relevant:

      [1.] (a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by any witness, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the [district] prosecuting attorney; and

      [2.] (b) Results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the [district] prosecuting attorney.

      2.  At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or photograph any relevant:

      (a) Written or recorded statements made by any witness, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant; and


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

ê1995 Statutes of Nevada, Page 265 (Chapter 174, AB 151)ê

 

      (b) Results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, custody or control of the defendant, the existence of which is known, or by the exercise of due diligence may become known, to the defendant.

      Sec. 4.  NRS 174.245 is hereby amended to read as follows:

      174.245  [Upon motion]

      1.  At the request of a defendant , the [court may order the district attorney to] prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state . [, upon a showing of materiality to the preparation of his defense and that the request is reasonable.] Except as otherwise provided in NRS 174.087 and paragraph (b) of subsection [2] 1 of NRS 174.235, this [section] subsection does not authorize the discovery or inspection of reports, memoranda or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses , [(] other than the defendant , [)] to agents of the state.

      2.  At the request of the prosecuting attorney, the defendant shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within his possession, custody or control. This subsection does not authorize the discovery or inspection of reports, memoranda or other internal defense documents made by the defendant, or his attorneys or agents in connection with the investigation or defense of the case, or of statements made by the defendant, or by state or defense witnesses, or by prospective state or defense witnesses, to the defendant, his agents or attorneys.

      Sec. 5.  NRS 174.275 is hereby amended to read as follows:

      174.275  Upon a sufficient showing, the court may at any time order that the discovery or inspection be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the [state] defendant or prosecuting attorney, the court may permit the [state] defendant or prosecuting attorney to make such showing, in whole or in part, in the form of a written statement to be inspected by the court in chambers. If the court enters an order granting relief following a showing in chambers, the entire text of the [state’s statement shall] written statement must be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal . [by the defendant.]

      Sec. 6.  NRS 174.285 is hereby amended to read as follows:

      174.285  A [motion under] request made pursuant to NRS 174.235 to 174.295, inclusive, may be made only within 10 days after arraignment or at such reasonable later time as the court may permit. [The motion shall include all relief sought under such sections.] A subsequent [motion] request may be made only upon a showing of cause why [such motion] the request would be in the interest of justice.

      Sec. 7.  NRS 174.295 is hereby amended to read as follows:

      174.295  If, [subsequent to compliance with an order issued pursuant to] after complying with the provisions of NRS 174.235 to 174.295, inclusive, and [prior to] before or during trial, a party discovers additional material previously requested [or ordered] which is subject to discovery or inspection under [such] those sections, he shall promptly notify the other party or his attorney or the court of the existence of the additional material.


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

ê1995 Statutes of Nevada, Page 266 (Chapter 174, AB 151)ê

 

and [prior to] before or during trial, a party discovers additional material previously requested [or ordered] which is subject to discovery or inspection under [such] those sections, he shall promptly notify the other party or his attorney or the court of the existence of the additional material. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with [such sections or with an order issued pursuant to such] those sections, the court may order [such] the party to permit the discovery or inspection of materials not previously disclosed, grant a continuance, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems just under the circumstances.

      Sec. 8.  NRS 174.255 and 174.265 are hereby repealed.

 

________

 

 

CHAPTER 175, SB 355

Senate Bill No. 355–Committee on Commerce and Labor

CHAPTER 175

AN ACT relating to the disposition of the remains of the dead; increasing certain fees charged by the state board of funeral directors, embalmers and operators of cemeteries and crematories; requiring a person who owns a funeral establishment to obtain a permit to operate the establishment; authorizing the board to charge a fee for providing certain materials; authorizing the rental of the outer shell of a casket under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  1.  The owner of a funeral establishment shall not operate or allow another person to operate the establishment unless the owner has been issued a permit by the board to operate the funeral establishment.

      2.  If a person owns more than one funeral establishment, he must submit an application and obtain a permit for each funeral establishment he owns.

      Sec. 3.  1.  An application for a permit to operate a funeral establishment must be in writing and verified on a form provided by the board.

      2.  Each applicant must furnish proof satisfactory to the board that:

      (a) He is of good moral character;

      (b) He is at least 18 years old; and

      (c) The funeral establishment for which he is requesting the permit is constructed, equipped and maintained in the manner described in NRS 642.016.

      3.  Each application must be accompanied by a fee not to exceed $300.

      Sec. 4.  1.  Each permit to operate a funeral establishment must specify the name of the owner of the establishment and be displayed conspicuously in the funeral establishment for which it was issued.


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

ê1995 Statutes of Nevada, Page 267 (Chapter 175, SB 355)ê

 

      2.  A funeral establishment must not be operated or advertised as being operated by any person other than the owner of the funeral establishment as his name appears on the permit to operate that funeral establishment.

      Sec. 5.  1.  Each person who is issued a permit to operate a funeral establishment must pay an annual fee, not to exceed $200, for the renewal of the permit.

      2.  The board shall, before renewing a permit to operate a funeral establishment, make an unannounced inspection of the establishment for which the permit was issued to ensure compliance with:

      (a) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons who have died from infectious or contagious diseases;

      (b) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and

      (c) Federal regulations governing funeral practices.

Each owner of a funeral establishment who is issued a permit to operate a funeral establishment shall be deemed to have consented to such an inspection as a condition for the issuance of the permit.

      3.  The board shall, on or before January 1 of each year, mail to each holder of a permit to operate a funeral establishment a notice that the renewal fee for the permit is due and that if that fee is not paid by February 1, a penalty not to exceed $200 will be added to the renewal fee, and in no case will the penalty be waived.

      4.  Upon receipt of the renewal fee and any penalties imposed by the board pursuant to subsection 3, the board shall issue a renewal certificate to the owner of the funeral establishment.

      Sec. 6.  The board may charge a fee for providing materials relating to the provisions of this chapter which are requested by persons who have been issued permits, licenses and certificates pursuant to this chapter or by members of the general public. The fee may not exceed the cost incurred by the board to provide those materials.

      Sec. 7.  NRS 642.015 is hereby amended to read as follows:

      642.015 1.  “Funeral director” means a person engaged in, conducting the business of or holding himself out as engaged in:

      [1.] (a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising the burial or disposal of dead human bodies.

      [2.  Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.

      3.] (b) Directing, supervising or contracting to direct or supervise funerals.

      [4.] (c) The business of a funeral director by using the words “funeral director,” “mortician” or any other title implying that he is engaged in the business of funeral directing.

      2.  The term does not include [a] :

      (a) A licensed embalmer or a person whose duties are limited to conducting direct cremations or immediate burials.

      (b) An owner of a funeral establishment unless the owner engages in any activity described in subsection 1.


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

ê1995 Statutes of Nevada, Page 268 (Chapter 175, SB 355)ê

 

      Sec. 8.  NRS 642.090 is hereby amended to read as follows:

      642.090  1.  Every person who wishes to practice the profession of embalming shall appear before the board and, upon payment of a fee not to exceed [$100] $300 to cover expenses of examination, [shall] must be examined in the knowledge of the subjects set forth in subsection 2. Examinations [shall] must be in writing and the board may [, at its discretion,] require actual demonstration on a cadaver. If an applicant has previously taken and passed the national examination given by the Conference of Funeral Services Examining Boards of the United States, Incorporated, the applicant need not retake that examination for purposes of licensing in the State of Nevada. All examination papers [shall] must be kept on record by the board.

      2.  The members of the board shall examine applicants for licenses in the following subjects:

      (a) Anatomy, sanitary science and signs of death.

      (b) Care, disinfection, preservation, transportation of and burial [,] or other final disposition of dead bodies.

      (c) The manner in which death may be determined.

      (d) The prevention of the spread of infectious and contagious diseases.

      (e) Chemistry, including toxicology.

      (f) Restorative art, including plastic surgery and derma surgery.

      (g) Regulations of the state board of health relating to infectious diseases and quarantine.

      (h) Any other subject which the board may determine by regulation to be necessary or proper [in order] to prove the efficiency and qualification of the applicant.

      3.  If an applicant fulfills the requirements of NRS 642.080 and has passed the examination provided for by this chapter, the board [must] shall issue to the applicant a license to practice the profession of embalming for 1 year.

      Sec. 9.  NRS 642.100 is hereby amended to read as follows:

      642.100  Reciprocity may be arranged by the board if an applicant:

      1.  Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated;

      2.  Is licensed as an embalmer in another state;

      3.  Has practiced embalming successfully for at least 5 years, and practiced actively for 2 years immediately preceding the application for a license by reciprocity;

      4.  Is of good moral character;

      5.  Has passed the examination given by the board on the subjects set forth in subsection 2 of NRS 642.090; and

      6.  Pays a fee [of $100] not to exceed $300 to the secretary of the board.

      Sec. 10.  NRS 642.120 is hereby amended to read as follows:

      642.120  1.  If a licensee [desires a renewal of] wishes to renew his license , the board shall [grant it,] renew his license, except for cause, and the annual fee for the renewal of a license [shall] must not exceed the sum of [$35.] $200.

      2.  The board shall mail on or before January 1 of each year to each licensed embalmer, addressed to him at his last known address, a notice that his renewal fee is due [and payable] and that if [such] the fee is not paid by February 1 a penalty of [$25 shall] $100 will be added to the renewal fee, and in no case [shall such penalty or additional fee] will the penalty be waived.


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ê1995 Statutes of Nevada, Page 269 (Chapter 175, SB 355)ê

 

February 1 a penalty of [$25 shall] $100 will be added to the renewal fee, and in no case [shall such penalty or additional fee] will the penalty be waived.

      3.  Upon receipt of [such fees] the fee and any penalties imposed pursuant to subsection 2, the board shall [cause the] issue a renewal certificate to [be issued.] the licensee.

      Sec. 11.  NRS 642.220 is hereby amended to read as follows:

      642.220  [Apprentices shall pay an apprentice fee of $25] Each apprentice must pay a fee not to exceed $100 per year to the board and carry an apprentice card certified by the secretary of the board.

      Sec. 12.  NRS 642.340 is hereby amended to read as follows:

      642.340  1.  A person shall not [open or maintain a place or establishment to] engage in or conduct, or hold himself out as engaging in or conducting, the business of a funeral director [,] unless he is licensed as a funeral director by the board . [or employs a person who is so licensed.]

      2.  The business of a funeral director must be conducted and engaged in at a [fixed place or] funeral establishment.

      Sec. 13.  NRS 642.360 is hereby amended to read as follows:

      642.360  1.  An application for a permit to operate a funeral establishment, a funeral director’s license or a license to conduct direct cremations or immediate burials must be in writing and verified on a form provided by the board.

      2.  Each applicant must be over 18 years of age and of good character.

      3.  Each [person who is to manage or direct a proposed funeral establishment must, before the application is granted, successfully] applicant for a funeral director’s license must pass an examination given by the board upon the following subjects:

      (a) The signs of death.

      (b) The manner by which death may be determined.

      (c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.

      (d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.

      (e) Federal regulations governing funeral practices.

      4.  The application must be accompanied by a fee [of $100] not to exceed $300.

      Sec. 14.  NRS 642.370 is hereby amended to read as follows:

      642.370  Each applicant [shall] for a funeral director’s license or a license to conduct direct cremations or immediate burials must furnish proof satisfactory to the board that he is of good moral character . [and that the establishment in which he intends to conduct business as a funeral director is constructed, equipped and maintained in all respects as a funeral establishment as defined in this chapter.]

      Sec. 15.  NRS 642.390 is hereby amended to read as follows:

      642.390  Upon receipt of an application for a [license,] permit to operate a funeral establishment, a funeral director’s license or a license to conduct cremations or immediate burials, the board shall cause an investigation to be made as to the character of the applicant, and may require such showing as will reasonably prove his good character.


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ê1995 Statutes of Nevada, Page 270 (Chapter 175, SB 355)ê

 

      Sec. 16.  NRS 642.400 is hereby amended to read as follows:

      642.400  The board may subpoena witnesses and, after proper hearing, shall [grant a license] issue to an applicant for a funeral director’s license or a license to conduct direct cremations or immediate burials if it finds that the applicant is of good character . [, and that the proposed funeral establishment is, or will be, constructed and equipped as required under the provisions of this chapter.]

      Sec. 17.  NRS 642.420 is hereby amended to read as follows:

      642.420  1.  Each licensed funeral director and each person who is licensed to conduct direct cremations or immediate burials shall pay an annual fee for the renewal of his [or its] license.

      2.  The renewal fee, payable by a licensed funeral director [, is $35.] or a person licensed to conduct direct cremations or immediate burials, must not exceed $200.

      Sec. 18.  NRS 642.430 is hereby amended to read as follows:

      642.430  1.  [The board shall, before renewing a funeral director’s license, make an unannounced inspection of the establishment for which the license was issued to ensure compliance with:

      (a) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons who have died from infectious or contagious diseases;

      (b) Local health and sanitary ordinances and regulations relating to funeral directing and embalming; and

      (c) Federal regulations governing funeral practices.

Each licensed funeral director shall be deemed to have consented to such an inspection as a condition of being issued a license.

      2.] The board shall mail, on or before January 1 of each year, to each licensed funeral director [,] and each person licensed to conduct direct cremations or immediate burials, addressed to him at his last known address, a notice that his [or its] renewal fee is due [and payable] and that if [such] the fee is not paid by February 1, a penalty [of $25] not to exceed $200, will be added to the renewal fee, and in no case will [such penalty or additional fee, upon account of such delinquency,] the penalty be waived.

      [3.  Upon making the inspection required pursuant to subsection 1 and receipt of such fees]

      2.  Upon receipt of the renewal fee and any penalties imposed pursuant to subsection 1, the board shall [cause the] issue a renewal certificate to [be issued.] the licensee.

      Sec. 19.  NRS 642.450 is hereby amended to read as follows:

      642.450  1.  In case of the death of a licensed funeral director who leaves [an established business, as defined in this chapter,] a funeral establishment as part or all of his estate, the board may issue to the legal representative of [such] the deceased funeral director, if [such] the legal representative is of good character, a special temporary license as a funeral director for the duration of the administration of [such] the estate, but in no case to exceed 1 year.

      2.  The fees for issuance and renewal of [such] a temporary license issued pursuant to subsection 1 and the time for payment thereof [shall] must be the same as those required for regular licenses.


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ê1995 Statutes of Nevada, Page 271 (Chapter 175, SB 355)ê

 

      Sec. 20.  NRS 642.460 is hereby amended to read as follows:

      642.460  [1.  Each license issued shall] Each funeral director’s license and license to conduct direct cremations or immediate burials must specify the name of the licensee and [shall] be displayed conspicuously in the place of business or employment of the licensee.

      [2.  No funeral establishment may be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name appearing in the license issued by the board.]

      Sec. 21.  NRS 642.470 is hereby amended to read as follows:

      642.470  The board shall suspend or revoke a funeral director’s license , a permit to operate a funeral establishment or a license to conduct direct cremations or immediate burials, after a hearing and after 10 days’ notice to the licensee [,] or holder of a permit to operate a funeral establishment if the licensee or holder of the permit is found guilty of any of the following acts or omissions:

      1.  Conviction of a crime involving moral turpitude.

      2.  Unprofessional conduct.

      3.  False or misleading advertising.

      4.  Conviction of a felony.

      5.  Conviction of a misdemeanor that is related directly to the [practice of funeral directing.] business of a funeral establishment.

      Sec. 22.  NRS 642.480 is hereby amended to read as follows:

      642.480  For the purposes of NRS 642.470, unprofessional conduct includes:

      1.  Misrepresentation or fraud in the [conduct of the business] operation of a funeral establishment or the [profession] practice of a funeral director [.] or person licensed to conduct direct cremations or immediate burials.

      2.  Solicitation of dead humans bodies by the licensee or his agents, assistants or employees, whether [such] the solicitation occurs after death or while death is impending, but this does not prohibit general advertising.

      3.  Employment by [the] a holder of a permit to operate a funeral establishment or licensee of persons commonly known as “cappers,” “steerers” or “solicitors,” or of other persons to obtain funeral directing or embalming business.

      4.  Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time or on commission, [for the purpose of calling upon individuals] to call upon natural persons or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer.

      5.  The buying of business by [the] a holder of a permit to operate a funeral establishment or a licensee or his agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the holder of a permit or a licensee or his agents, assistants or employees, [for the purpose of securing] to secure business.

      6.  Gross immorality.

      7.  Aiding or abetting an unlicensed person to practice funeral directing or embalming.


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ê1995 Statutes of Nevada, Page 272 (Chapter 175, SB 355)ê

 

      8.  Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.

      9.  Solicitation or acceptance by a holder of a permit to operate a funeral establishment or licensee of any commission, bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery.

      10.  [Using] Except as otherwise provided in this subsection, using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body. The provisions of this subsection do not prohibit the rental of the outer shell of a casket into which a removable insert containing a dead human body is placed for the purpose of viewing the body or for funeral services, or both, and which is later removed from the outer shell for cremation.

      11.  Violation of any of the provisions of this chapter or of any regulation adopted pursuant thereto.

      12.  Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies.

      13.  Fraud or misrepresentation in obtaining a permit or license.

      14.  Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.

      15.  Taking undue advantage of [his] the patrons of a funeral establishment or being guilty of fraud or misrepresentation in the sale of merchandise to [his] those patrons.

      16.  The theft or misappropriation of money in a trust fund established and maintained pursuant to chapter 689 of NRS.

      17.  Habitual drunkenness or the unlawful use of a controlled substance.

      Sec. 23.  NRS 642.490 is hereby amended to read as follows:

      642.490  For the purpose of NRS 642.470, false or misleading advertising includes:

      1.  Advertising the price of caskets exclusively, without stating the prices of other merchandise and services.

      2.  Offering service at cost plus a percentage, when the determination of the cost lies within the control of the owner of the funeral establishment or the funeral director or embalmer and is not published.

      3.  Advertising or selling certificates of stock participation or any form of agreement which creates the impression with the purchaser, when such is not a fact, that he becomes a part owner in the advertiser’s establishment and is therefore entitled to special price privileges for funeral services.

      4.  Advertising prices below the reasonable economic cost of merchandise, service and overhead.

      5.  Advertising which impugns the honesty, trustworthiness or business or professional standards of competitors or which states that the prices charged by competitors are considerably higher than those charged by the advertiser, when such is not the fact.

      6.  Advertising which represents the advertiser to be the special defender of the public interest or which makes it appear that the advertiser is subjected to the combined attack of competitors. Such [expression] expressions as “independent,” “not in trust,” “not controlled by the combine” and other expressions having the same or similar import shall be deemed to be misleading unless it is shown by the advertiser that there is a “trust” or a “combine,” and that other funeral establishments or funeral directors constitute a monopoly for the purpose of maintaining prices or for any other purpose .


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ê1995 Statutes of Nevada, Page 273 (Chapter 175, SB 355)ê

 

“independent,” “not in trust,” “not controlled by the combine” and other expressions having the same or similar import shall be deemed to be misleading unless it is shown by the advertiser that there is a “trust” or a “combine,” and that other funeral establishments or funeral directors constitute a monopoly for the purpose of maintaining prices or for any other purpose . [; and the] The burden of proving [such] the existence of a “trust,” “combine” or “monopoly” [shall be] is upon the advertiser asserting the existence of [the same.] that “trust,” “combine” or “monopoly.”

      Sec. 24.  NRS 642.500 is hereby amended to read as follows:

      642.500  1.  A petition for the revocation or suspension of a [license] permit to operate a funeral establishment, funeral director’s license or license to conduct direct cremations or immediate burials may be filed by the attorney general or by the district attorney of the county in which the funeral establishment exists or the licensee resides or has practiced, or by any [citizen] person residing in this state.

      2.  The petition [shall] must be filed with the board and [shall be entitled, “In the Matter of the Revocation (or Suspension) of the License of (Name of Licensee) to Practice Funeral Directing,” and shall] state the charges against the licensee with reasonable definiteness.

      3.  Upon the presentation of the petition to the board, the board shall make an order fixing a time and place [of hearing thereon which shall] for a hearing on that petition which must not be less than 10 days nor more than 30 days [thereafter.] after the presentation of the petition to the board.

      4.  Notice of the filing of [such] the petition and the time and place of the hearing [shall] must be served upon the holder of the permit or licensee at least 10 days before [such] the hearing. The notice may be served by any sheriff or constable or by any person [especially] appointed by the board.

      Sec. 25.  NRS 642.510 is hereby amended to read as follows:

      642.510  1.  Each order of revocation or suspension of a permit to operate a funeral establishment must be entered of record and the name of the holder of the permit stricken from the roster of permits and the funeral establishment may not be operated after revocation of the permit or during the period it is suspended.

      2.  Each order of revocation or suspension of a [license shall] funeral director’s license or license to conduct direct cremations or immediate burials must be entered of record and the name of the licensee stricken from the roster of licenses and the licensee may not engage in the practice of funeral directing or conducting direct cremations or immediate burials after revocation of his license or during the [time for which] period it is suspended.

      Sec. 26.  NRS 642.540 is hereby amended to read as follows:

      642.540  If [the licensee appeals,] a holder of a permit to operate a funeral establishment, licensed funeral director or person licensed to conduct direct cremations or immediate burials appeals the decision of the board to revoke or suspend his permit or license, the decision of the board [shall] must not be stayed by the proceedings on appeal and [such appeal shall] the appeal must not operate to restore the right of the holder of the permit to operate his funeral establishment or the right of the licensee to practice pending [such] the appeal, unless bond, with sufficient surety, to be approved by the clerk of the district court, [shall be] is posted with [such] the clerk, in such [sums] an amount as the district judge may require, conditioned that [such appeal shall] the appeal will be prosecuted without unnecessary delay and [in case] if the decision appealed from is confirmed, that the holder of the permit or licensee will pay all costs.


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ê1995 Statutes of Nevada, Page 274 (Chapter 175, SB 355)ê

 

amount as the district judge may require, conditioned that [such appeal shall] the appeal will be prosecuted without unnecessary delay and [in case] if the decision appealed from is confirmed, that the holder of the permit or licensee will pay all costs.

      Sec. 27.  NRS 642.590 is hereby amended to read as follows:

      642.590  1.  Any [person, firm or corporation who engages, directly or indirectly, in the business of funeral directing or holds himself or itself out as a funeral director or] funeral director who attempts to take care of the disposition of dead human bodies or any person who performs or attempts to perform direct cremations or immediate burials without having complied with the provisions of this chapter, and without being licensed [so to do as herein provided,] pursuant to this chapter, or who continues in the business of a funeral director or continues to conduct direct cremations or immediate burials after his [or its] license has been revoked shall be fined not more than $500. Each day that he [or it is so] is engaged in [such business shall be] the business of a funeral director or that he conducts direct cremations or immediate burials is a separate offense.

      2.  Any owner of a funeral establishment who operates or allows another person to operate the establishment without having complied with the provisions of this chapter, or who continues to operate or allow another person to operate the establishment after his permit to operate the establishment has been revoked shall be fined not more than $500. Each day that he operates or allows another person to operate the establishment is a separate offense.

      3.  Any owner of a funeral establishment or a funeral director or any person acting for him who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business as [such] an owner of a funeral establishment or a funeral director and every person who accepts or offers to accept any money or thing of value as a commission or gratuity from an owner of a funeral establishment or a funeral director [in order] to secure business for [him] that person is guilty of a misdemeanor.

      Sec. 28.  NRS 642.380 is hereby repealed.

      Sec. 29.  This act becomes effective upon passage and approval for the purpose of adopting regulations to carry out the amendatory provisions of this act and on October 1, 1995, for all other purposes.

 

________


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ê1995 Statutes of Nevada, Page 275ê

 

CHAPTER 176, SB 69

Senate Bill No. 69–Committee on Commerce and Labor

CHAPTER 176

AN ACT relating to dentistry; lowering the passing score for the written examination required for licensure; changing the designation of “secretary” of the board of dental examiners of Nevada to “executive director”; revising the requirement that certain members of the board sign each certificate of registration issued by the board; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 631.130 is hereby amended to read as follows:

      631.130  1.  The governor shall appoint:

      (a) Seven members who are graduates of accredited dental schools or colleges, are residents of Nevada and have ethically engaged in the practice of dentistry in Nevada for a period of 5 years.

      (b) Two members who:

             (1) Are graduates of accredited schools or colleges of dental hygiene;

             (2) Are residents of Nevada; and

             (3) Have been actively engaged in the practice of dental hygiene in Nevada for a period of at least 5 years before their appointment to the board.

      (c) One member who is a representative of the general public.

      2.  The members who are dental hygienists may vote on all matters [except matters relating to the discipline of dentists. The members who are dental hygienists] but may not participate in examinations for the licensing of dentists.

      3.  The member who is a representative of the general public must not participate in grading any examination required by the board.

      Sec. 2.  NRS 631.160 is hereby amended to read as follows:

      631.160  1.  At the first regular meeting of each year, the board shall elect from its membership one of its members as president and one of its members as secretary-treasurer, each of whom shall hold office for 1 year and until his successor is elected and qualified.

      2.  The board shall define the duties of the president [and] , the secretary-treasurer [.] and the executive director.

      3.  The [secretary] executive director shall receive such compensation as [shall be fixed] determined by the board, and the board shall fix the amount of the bond to be furnished by the secretary-treasurer [.] and the executive director.

      Sec. 3.  NRS 631.215 is hereby amended to read as follows:

      631.215  1.  Any person shall be deemed to be practicing dentistry who:

      (a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof;

      (b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind;


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ê1995 Statutes of Nevada, Page 276 (Chapter 176, SB 69)ê

 

      (c) Diagnoses, professes to diagnose or treats or professes to treat any of the diseases or lesions of the oral cavity, teeth, [gums or the maxillary bones;] gingival or the supporting structures thereof;

      (d) Extracts teeth;

      (e) Corrects malpositions of the teeth or jaws;

      (f) Takes impressions of the teeth, mouth or gums other than as authorized by the regulations of the board;

      (g) Examines a person for, or supplies artificial teeth as substitutes for natural teeth;

      (h) Places in the mouth and adjusts or alters artificial teeth;

      (i) Does any practice included in the clinical dental curricula of accredited dental colleges or a residency program for those colleges;

      (j) Administers or prescribes such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases;

      (k) Uses X-ray radiation for dental treatment or dental diagnostic purposes; or

      (l) Determines:

             (1) Whether a particular treatment is necessary or advisable; or

             (2) Which particular treatment is necessary or advisable.

      2.  Nothing in this section:

      (a) Prevents a dental assistant, dental hygienist or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes upon the direction of a licensed dentist.

      (b) Prohibits the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.

      (c) Prevents students from performing dental procedures that are part of the curricula of an accredited dental school or college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (d) Prevents a licensed dentist or dental hygienist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college or an accredited school of dental hygiene or an accredited school of dental assisting.

      (e) Prohibits the manufacturing of artificial teeth upon receipt of a written authorization from a licensed dentist if the manufacturing does not require direct contact with the patient.

      Sec. 4.  NRS 631.220 is hereby amended to read as follows:

      631.220  Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall:

      1.  File an application with the board 45 days before the date on which the examination is to be given.

      2.  Accompany the application with a recent photograph of himself together with the required examination fee [.] and such other documentation as the board may require by regulation.

      3.  Submit with the application a complete set of fingerprints and written permission authorizing the board to forward the fingerprints to the Federal Bureau of Investigation for its report.


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ê1995 Statutes of Nevada, Page 277 (Chapter 176, SB 69)ê

 

      Sec. 5.  NRS 631.240 is hereby amended to read as follows:

      631.240  1.  Any person desiring to obtain a license to practice dentistry in this state, after having complied with the regulations of the board to determine eligibility, must:

      (a) Present to the board a certificate granted by the National Board of Dental Examiners which contains a notation that he has passed the board’s examination with an average score of at least [80, comprised of a minimum score of at least 75 on each part of the examination;] 75; and

      (b) Be examined by the board on his practical knowledge of dentistry.

      2.  The board shall examine each applicant in writing on the contents and interpretation of chapter 631 of NRS and the regulations of the board.

      3.  The examination must include clinical demonstrations of the applicant’s skill in dentistry.

      4.  All persons who present the appropriate certificate and successfully complete the examination must be registered as licensed dentists on the board register, as provided in this chapter, and are entitled to receive a certificate of registration, signed by the [president and the secretary of the board.] member of the board who is a representative of the general public and those members of the board who are dentists.

      Sec. 6.  NRS 631.300 is hereby amended to read as follows:

      631.300  1.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the regulations of the board to determine eligibility, must be examined by the board upon such subjects as the board deems necessary, and given a practical examination in dental hygiene, including , but not limited to , the removal of deposits from, and the polishing of, the exposed surface of the teeth.

      2.  The examination must be:

      (a) Written, oral or a combination of both; and

      (b) Practical, as in the opinion of the board is necessary to test the qualifications of the applicant.

      3.  The board shall examine each applicant in writing on the contents and interpretation of chapter 631 of NRS and the regulations of the board.

      4.  In lieu of the written examination which may be required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners which contains a notation that the applicant has passed the examination of the board with a score of at least [80.] 75.

      Sec. 7.  NRS 631.335 is hereby amended to read as follows:

      631.335  1.  The license of a person who does not actively practice in this state for 1 year automatically reverts to inactive status at the time the license renewal fee is next payable. If a person whose license has reverted to inactive status:

      (a) Continues to practice actively outside this state, his license may be reinstated to active status by the secretary-treasurer if he pays the license fee for active licensees and complies with the conditions prescribed by the regulations of the board.

      (b) Does not continue to practice, his license may be reinstated to active status only upon the motion of the board, submission of the required fee for active licenses and proof of continuing education, and compliance with the conditions prescribed by the regulations of the board.


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ê1995 Statutes of Nevada, Page 278 (Chapter 176, SB 69)ê

 

      2.  A licensee who is disabled and cannot practice, or who is retired must be issued a license which reflects that status when the fee to renew his license is next payable. His license may be reinstated to active status only upon the motion of the board, submission of the required fee for an active license and proof of continuing education, and compliance with the conditions prescribed by the regulations of the board.

      Sec. 8.  NRS 631.340 is hereby amended to read as follows:

      631.340  1.  Any person who has obtained from the board a license certificate to practice dental hygiene or dentistry or any special branch of dentistry in this state, and who fails to obtain a renewal certificate, must, before resuming the practice in which he was licensed, make application to the [secretary of the board,] secretary-treasurer, under such rules as the board may prescribe, for the restoration of the license to practice.

      2.  Upon application being made, the [secretary] secretary-treasurer shall determine whether the applicant possesses the qualifications prescribed for the granting of a license to practice in his particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in this state. If the [secretary] secretary-treasurer so determines, he shall thereupon issue the license, and thereafter the person may make application annually for a renewal certificate, as provided in this chapter.

      Sec. 9.  NRS 631.395 is hereby amended to read as follows:

      631.395  A person is guilty of the illegal practice of dentistry or dental hygiene who:

      1.  Sells or barters, or offers to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists or dental hygienists;

      2.  Purchases or procures by barter any such diploma, certificate or transcript, with intent that it be used as evidence of the holder’s qualifications to practice dentistry, or in fraud of the laws regulating that practice;

      3.  With fraudulent intent, alters in a material regard any such diploma, certificate or transcript;

      4.  Uses or attempts to use any diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist or a dental hygienist;

      5.  Practices dentistry under a false or assumed name;

      6.  Assumes the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” or appends the letters “D.D.S.” or “D.M.D.” or “R.D.H.” to his name, not having conferred upon him, by diploma from an accredited dental or dental hygiene college or school legally empowered to confer the title, the right to assume the title; or assumes any title or appends any letters to his name with the intent to represent falsely that he has received a dental degree or license;

      7.  Willfully makes, as an applicant for examination, license or registration under this chapter, a false statement in a material regard in an affidavit required by this chapter;


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ê1995 Statutes of Nevada, Page 279 (Chapter 176, SB 69)ê

 

      8.  Within 10 days after demand made by the [secretary of the board,] secretary-treasurer, fails to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days before the notice, together with a sworn statement showing under and by what license or authority the person and his employee are and have been practicing dentistry, but the affidavit must not be used as evidence against the person in any proceeding under this chapter;

      9.  Practices dentistry or dental hygiene in this state without a license;

      10.  Except as otherwise provided in NRS 631.385, owns or controls a dental practice, shares in the fees received by a dentist or controls or attempts to control the services offered by a dentist if the person is not himself licensed pursuant to this chapter; or

      11.  Aids or abets another in violating any of the provisions of this chapter.

 

________

 

 

CHAPTER 177, SB 155

Senate Bill No. 155–Committee on Judiciary

CHAPTER 177

AN ACT relating to the disposition of unclaimed property; revising provisions governing the payment or delivery of unclaimed property to the division of unclaimed property of the department of business and industry; revising certain notice requirements; authorizing the destruction of certain unclaimed property; requiring banks and savings and loan associations to deliver certain property removed from a safe-deposit box to the division; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 120A.280 is hereby amended to read as follows:

      120A.280  1.  Within 180 days after the filing of the report required by NRS 120A.250 [,] and the payment or delivery of the property required by NRS 120A.360, the administrator shall cause notice to be published [at least once each week for 2 successive weeks in a] in a least one newspaper of general circulation in the county in this state in which is located the last known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.

      2.  The published notice must be entitled “Notice of Names of Persons Appearing To Be Owners of Abandoned Property,” and must contain:

      (a) The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county.

      (b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the division.

      (c) [A statement of the provisions of subsection 3.


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ê1995 Statutes of Nevada, Page 280 (Chapter 177, SB 155)ê

 

      3.  If proof of the claim is not presented by the owner to the holder and if the owner’s right to receive the property is not established to the holder’s satisfaction within 60 days after the date of the second published notice, the abandoned property will be placed not later than 80 days after the publication date in the custody of the division, to which all further claims must thereafter be directed.

      4.] If the property was removed from a safe-deposit box or other safekeeping repository, a statement declaring that the administrator will hold the property for 1 year after the date the property was delivered to the division, and that the property may be destroyed if no claims are made for it within that period.

      3.  The administrator is not required to publish in the notice any item valued at less than $50 unless he deems the publication to be in the public interest.

      4.  In addition to the notice required to be published pursuant to this section, the administrator shall take such actions as are reasonably calculated to give actual notice to the owner of property presumed abandoned, including, without limitation, using information obtained from the department of motor vehicles and public safety and other governmental agencies or executing contracts with private businesses to assist in locating such owners of property.

      Sec. 2.  NRS 120A.320 is hereby amended to read as follows:

      120A.320  1.  Except as otherwise provided in [subsections 2 and 4,] subsection 3 and NRS 120A.160, every person who [has filed] files a report under NRS 120A.250 shall, [within 20 days after the time specified in NRS 120A.280 for claiming the property from the holder or in the case of sums payable on traveler’s checks or money orders presumed abandoned under NRS 102A.160, within 20 days after the filing of the report,] at the time of filing the report, pay or deliver to the division all abandoned property specified in this report.

      2.  [If an owner has established his right to receive any of the abandoned property to the holder’s satisfaction within the time specified in NRS 120A.280 or if it appears to the holder that for some other reason the presumption of abandonment is erroneous, the property will no longer be presumed abandoned and the holder need not pay or deliver it to the division, but shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

      3.]  The holder of an interest under NRS 120A.190 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the division. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the division, for any losses or damages resulting to any person by the issuance and delivery to the division of the duplicate certificate.

      [4.] 3.  Property which in all probability will be presumed abandoned pursuant to NRS 120A.200 may, upon approval of the administrator, be reported and delivered by the holder to the division before the date it is statutorily presumed abandoned.


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ê1995 Statutes of Nevada, Page 281 (Chapter 177, SB 155)ê

 

reported and delivered by the holder to the division before the date it is statutorily presumed abandoned.

      Sec. 3.  NRS 120A.330 is hereby amended to read as follows:

      120A.330  [After the administrator has received reports of property presumed abandoned, he] Except for property that was removed from a safe-deposit box, the administrator may decline to receive any [of the reported] abandoned property which he deems to have a value less than the cost of giving notice and holding a sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless it gives notice to the contrary [, within 180 days after the holder has filed his report,] at the time it receives abandoned property, the division shall be deemed to have elected to receive and maintain the custody of the property.

      Sec. 4.  NRS 120A.360 is hereby amended to read as follows:

      120A.360  1.  Except as otherwise provided in subsections 4 [and 5,] , 5 and 6, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.

      3.  The purchaser at any sale conducted by the administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of title.

      4.  The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada museum and historical society, the Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada museum and historical society, the Nevada state museum or the Nevada historical society.

An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      5.  Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the county at the prevailing price for that security at the time of sale; or

      (b) By any other method the administrator deems acceptable.

      6.  The administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the division, unless that property is a will or a codicil to a will, in which case the administrator shall hold the property for 10 years after the date of the delivery of the property to the division.


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ê1995 Statutes of Nevada, Page 282 (Chapter 177, SB 155)ê

 

delivery of the property to the division, unless that property is a will or a codicil to a will, in which case the administrator shall hold the property for 10 years after the date of the delivery of the property to the division. If no claims are filed for the property within that period, it may be destroyed.

      Sec. 5.  NRS 120A.430 is hereby amended to read as follows:

      120A.430  If any person refuses to pay or deliver property to the division as required under this chapter, the attorney general, upon request of the administrator, may bring an action in a court of competent jurisdiction to enforce the payment or delivery. In such an action, the court may award costs and reasonable attorney’s fees to the prevailing party, and, if the division is the prevailing party, may impose a civil penalty against the losing party in an amount not to exceed 2 percent of the value of the property, or $1,000, whichever is greater.

      Sec. 6.  NRS 663.085 is hereby amended to read as follows:

      663.085  1.  If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. [The] If the contents of the safe-deposit box have been unclaimed by the owner for 5 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the [box.

      2.  If the contents of the safe-deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send another notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date. The time, place and manner of sale must also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. Except as otherwise provided in subsection 3, if the articles are not claimed, they may then be sold in accordance with the notice.

      3.  Any document which has legal significance, including a will, codicil, deed, mortgage, policy of insurance, certificate of birth, marriage or death, contract or other evidence of indebtedness must be retained by the lessor or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened pursuant to subsection 1. After that time, they may be destroyed. Any other documents or writings of a private nature, if they have little or no apparent value, need not be offered for sale, but must be retained, unless claimed by the owner, for 6 months, after which they may be destroyed.


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ê1995 Statutes of Nevada, Page 283 (Chapter 177, SB 155)ê

 

      4.  The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box must be deposited to the credit of the lessee in any account maintained by him, or if none, must be deposited in a deposit account with the bank operating the safe-deposit facility, or in the case of a subsidiary safe-deposit company, a bank owning stock therein, and must be identified on the books of the bank as arising from the sale of contents of a safe-deposit box.] box, until such time that the contents will have been unclaimed by the owner for more than 5 years, at which time the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.

      2.  If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than 5 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 120A of NRS.

      Sec. 7.  NRS 673.373 is hereby amended to read as follows:

      673.373  1.  If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate must be included in the package and a copy of the certificate must be sent by registered or certified mail to the last known address of the lessee. [The] If the contents of the safe-deposit box have been unclaimed by the owner for 5 years or less, the package must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the [box.

      2.  If the contents of the safe-deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid with 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date. The time, place and manner of sale must also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. If the articles are not claimed, they may then be sold in accordance with the notice.

      3.  Any documents or writings of a private nature, having little or no apparent value, need not be offered for sale, but must be retained, unless claimed by the owner, for 6 months. After that time, they may be destroyed. Any documents of legal significance, including wills, codicils, deeds, mortgages, policies for insurance, contracts, certificates of birth or notes or other evidence of indebtedness must be retained by the lessor or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened.


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ê1995 Statutes of Nevada, Page 284 (Chapter 177, SB 155)ê

 

evidence of indebtedness must be retained by the lessor or subsequent custodian, unless claimed by the owner, for 8 years after the box is opened. After that time, they may be destroyed.

      4.  The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box must be deposited to the credit of the lessee in any account maintained by him, or if none, must be deposited in a deposit account with the financial institution operating the safe-deposit facility , or in the case of a subsidiary safe-deposit company, an association owning stock therein, and must be identified on the books of the association as arising from the sale of contents of a safe-deposit box.] box, until such time that the contents will have been unclaimed by the owner for more than 5 years, at which time the lessor shall deliver the package to the division of the unclaimed property of the department of business and industry pursuant to the provisions of chapter 102A of NRS.

      2.  If the contents of a safe-deposit box that has been opened pursuant to subsection 1 have been unclaimed by the owner for more than 5 years, the lessor shall deliver the package to the division of unclaimed property of the department of business and industry pursuant to the provisions of chapter 102A of NRS.

      Sec. 8.  NRS 120A.290 is hereby repealed.

 

________

 

 

CHAPTER 178, SB 186

Senate Bill No. 186–Committee on Transportation

CHAPTER 178

AN ACT relating to motor vehicles; revising the provisions governing the fee for processing fingerprints for applicants for licensure as vehicle transporters, manufacturers, distributors, dealers and rebuilders; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.3163 is hereby amended to read as follows:

      482.3163  1.  An application for a license as a vehicle transporter must be accompanied by a fee of $100 and be submitted on forms supplied by the department. The forms must designate the persons whose names are required to appear thereon. An additional fee [of $38] for the processing of fingerprints must be submitted for each [person whose name appears on the application.] applicant for initial licensure. The department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.

      2.  The application for a license as a vehicle transporter must contain:

      (a) The applicant’s name and address; and

      (b) Such other information as the department requires.


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ê1995 Statutes of Nevada, Page 285 (Chapter 178, SB 186)ê

 

Each applicant for initial licensure [must] shall submit with his application a complete set of his fingerprints and written permission authorizing the department 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.

      [2.] 3.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a license as a vehicle transporter.

      [3.] 4.  A license issued pursuant to this section expires on December 31 of each year. Before December 31 of each year, a licensee must submit to the department, on forms supplied by the department and in the manner specified by the department, an application for renewal accompanied by an annual fee for renewal of $50.

      Sec. 2.  NRS 482.325 is hereby amended to read as follows:

      482.325  1.  Applications for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license must be filed upon forms supplied by the department. The forms must designate the persons whose names are required to appear thereon. The applicant shall furnish:

      (a) Such proof as the department may deem necessary that the applicant is a manufacturer, distributor, dealer or rebuilder.

      (b) A fee of $125.

      (c) A fee [of $38 for each person whose name appears on the application.] for the processing of fingerprints. The department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the central repository for Nevada records of criminal history and the Federal Bureau of Investigation for processing the fingerprints.

      (d) For initial licensure, a complete set of his fingerprints and written permission authorizing the department 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.

      (e) A certificate of insurance for automobile liability.

      2.  Upon receipt of the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer’s, manufacturer’s, distributor’s or rebuilder’s license certificate containing the latter’s name and the address of his established place of business or the address of the main office of a manufacturer without an established place of business in this state.

      3.  Licenses issued pursuant to this section expire on December 31 of each year. Before December 31 of each year, a licensee must furnish the department with an application for renewal of his license accompanied by an annual fee of $50. [An] The additional fee [of $38] for the processing of fingerprints established by regulation pursuant to paragraph (c) of subsection 1, must be submitted for each applicant whose name does not appear on the original application for the license. The renewal application must be provided by the department and contain information required by the department.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 286ê

 

CHAPTER 179, AB 354

Assembly Bill No. 354–Committee on Government Affairs

CHAPTER 179

AN ACT relating to state personnel; authorizing the director of the department of personnel to adopt regulations which permit the noncompetitive appointment of employees with certain permanent partial disabilities; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 284.305 is hereby amended to read as follows:

      284.305  1.  Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.

      2.  The director may adopt regulations which provide for filling positions in the classified service without competition in cases involving:

      (a) The demotion of a current employee;

      (b) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service [or reclassification; or] , reclassification or a permanent partial disability arising out of and in the course of his employment; or

      (c) The reappointment of a current employee.

 

________

 

 

CHAPTER 180, AB 254

Assembly Bill No. 254–Committee on Ways and Means

CHAPTER 180

AN ACT making an appropriation to the aging services division of the department of human resources for equipment; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the aging services division of the department of human resources the sum of $9,070 for equipment.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 287ê

 

CHAPTER 181, SB 385

Senate Bill No. 385–Committee on Commerce and Labor

CHAPTER 181

AN ACT relating to pharmacy; providing for the dispensing and refilling of controlled substances and dangerous drugs; authorizing the state board of pharmacy to adopt regulations relating to the use of computerized equipment in the practice of pharmacy; requiring a written prescription to be written in Latin or English; authorizing the removal of certain records from the files of a practitioner; authorizing the state board of pharmacy to release its records or information relating to an investigation under certain circumstances; eliminating certain requirements relating to the maintenance of records for laboratories, manufacturers and wholesalers; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  1.  “Dispense” means to deliver a controlled substance or dangerous drug to an ultimate user, patient or subject of research by or pursuant to the lawful order of a practitioner, including the prescribing by a practitioner, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

      2.  The term does not include the furnishing of a controlled substance by a hospital pharmacy for inpatients.

      Sec. 3.  1.  Except as otherwise provided in NRS 453.256, no pharmacy may deliver a controlled substance or dangerous drug for a specific patient to a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the health division of the department of human resources which does not have a pharmacy on the premises except pursuant to a prescription given:

      (a) Directly from the prescribing practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the prescribing practitioner; or

      (c) By an oral order transmitted by an agent of the prescribing practitioner.

      2.  If an order for entry on a chart is given by a prescribing practitioner the chart order must be signed by the practitioner who authorized the administration of the drug within 48 hours after the order is given by that practitioner.

      Sec. 4.  1.  A practitioner may purchase supplies of controlled substances, poisons, dangerous drugs and devices from a pharmacy by:

      (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) If the order is for a controlled substance, presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration.

      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 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:

 


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ê1995 Statutes of Nevada, Page 288 (Chapter 181, SB 385)ê

 

a district health officer in any county within its jurisdiction or, in 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 or 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 pharmacy, institutional pharmacy or other person licensed by the board to furnish controlled substances and dangerous drugs may sell 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.  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 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.

      5.  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 any applicable regulations adopted by the state board of health, or a county or district board of health, pursuant to NRS 450B.120.

      6.  The board shall adopt regulations regarding the records a pharmacist shall keep of any purchase made pursuant to this section.

      Sec. 5.  1.  A record of each refill of any prescription for a controlled substance or dangerous drug or any authorization to refill such a prescription must be kept:

      (a) On the back of the original prescription; or

      (b) In a bound book or separate file.


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ê1995 Statutes of Nevada, Page 289 (Chapter 181, SB 385)ê

 

      2.  The record must include:

      (a) The date of each refill or authorization;

      (b) The number of dosage units; and

      (c) The signature or initials of the pharmacist who refilled the prescription or obtained the authorization to refill.

      Sec. 6.  1.  Any prescription for a controlled substance, regardless of the authorization to refill given by the prescribing practitioner, must not be refilled more than five times or after 6 months have elapsed from the date it was originally issued and may be refilled only in keeping with the number of doses ordered and the directions for use.

      2.  Any prescription for a dangerous drug, regardless of the authorization to refill given by the prescribing practitioner, must not be refilled after 1 year has elapsed from the date it was originally issued and may be refilled only in keeping with the number of doses ordered and the directions for use.

      3.  If no authorization to refill is given by the prescribing practitioner, or if the prescription is refillable and has been refilled for the number of times or for the period set forth in subsection 1 or 2, the original prescription is invalid and a new prescription must be obtained and placed in the prescription file.

      Sec. 7.  A prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he issued the original prescription, or a prescription which bears authorization permitting the pharmacist to refill the prescription as needed by the patient, may be refilled for the number of times authorized or for the period authorized if it was refilled in accordance with the number of doses ordered and the directions for use.

      Sec. 8.  In the absence of specific authorization to refill, when the refilling of a prescription calling for a controlled substance or dangerous drug needed for the continuation of a treatment of a chronic or continuing illness is considered necessary and the pharmacist is unable to communicate with the prescribing practitioner, the pharmacist may, if in his professional judgment he feels that the controlled substance or dangerous drug should be provided for the patient, furnish a sufficient supply of the medication to provide for the continuation of treatment until such time as he can communicate with the prescribing practitioner personally.

      Sec. 9.  Any authorization to refill a prescription issued pursuant to the provisions of sections 6 to 9, inclusive, of this act, may be rescinded at any time after that authorization is given, by the original practitioner or by another practitioner acting in his behalf or by another practitioner who is caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled orally or in writing.

      Sec. 10.  For the purposes of this chapter and chapters 453 and 454 of NRS, any act which is required to be performed by a pharmacist may be performed with the use of computerized mechanical equipment in accordance with the regulations adopted by the board.

      Sec. 10.5.  NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections .


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2 of this act, have the meanings ascribed to them in those sections . [unless a different meaning clearly appears in the context.]

      Sec. 11.  NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The board may:

      (a) Adopt such regulations, not inconsistent with the laws of this state, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Adopt regulations, not inconsistent with the laws of this state, authorizing the secretary to issue certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.

      (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

      (e) Regulate the practice of pharmacy.

      (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

      (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including , but not limited to, requirements relating to:

             (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

             (2) Drugs stored in hospitals; and

             (3) Drugs stored for the purpose of wholesale distribution.

      (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

      (i) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.

      (j) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of chapter 454 or NRS and this chapter.

      (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

      (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

      (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

      (p) Participate in and expend money for programs that enhance the practice of pharmacy.

      2.  This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.


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      Sec. 12.  NRS 639.0745 is hereby amended to read as follows:

      639.0745  1.  The board may adopt regulations concerning:

      (a) The transfer of information between pharmacies relating to prescriptions.

      (b) The electronic transmission of a prescription from a practitioner to a pharmacist for the dispensing of a drug.

      2.  The board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:

      (a) Misusing prescriptions to obtain excessive amounts of drugs.

      (b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.

      Sec. 13.  NRS 639.2171 is hereby amended to read as follows:

      639.2171  The legislature finds and declares that:

      1.  The practice of the profession of pharmacy is directly related to the public health and welfare of the citizens of this state and is subject to regulation and control in the public interest.

      2.  Because of the continuous introduction of new medicinal agents and the changing concepts of the practice of pharmacy, it is essential that a pharmacist undertake a program of continuing education [in order] to maintain and improve his professional competency.

      3.  To ensure the continued competency of the pharmacist and to maintain uniform qualifications for the licensing of pharmacists [in order] to protect the health and welfare of its citizens, the legislature deems it in the public interest to adopt a program of continuing professional education.

      4.  NRS 639.2171 to [639.2178,] 639.2176, inclusive, must be liberally construed [in order] to carry out their stated purposes.

      Sec. 14.  NRS 639.2172 is hereby amended to read as follows:

      639.2172  As used in NRS 639.2171 to [639.2178,] 639.2176, inclusive, the words and terms defined in this section have the meanings ascribed to them in this section unless the context otherwise requires:

      1.  “Accredited program” means those seminars, classes, meetings, work projects , home-study courses and other educational programs in pharmacy approved by the board for purposes of continuing professional education.

      2.  “Continuing professional education” means professional, pharmaceutical postgraduate education in the general areas of the socioeconomic and legal aspects of medical care, the properties and actions of drugs and dosage forms, and the etiology, characteristics and therapeutics of the diseased organism.

      3.  “Continuing education unit” means the unit of measurement of credits for courses and programs of continuing education.

      Sec. 15.  NRS 639.2176 is hereby amended to read as follows:

      639.2176  The board shall adopt regulations necessary to carry out the [stated] purposes of NRS 639.2171 to [639.2178,] 639.2176, inclusive, which must include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing education unit, the number of units required of each pharmacist during the period for which a certificate is issued and such other regulations consistent with NRS 639.2171 to [639.2178,] 639.2176, inclusive, as the board may determine to be necessary.


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a continuing education unit, the number of units required of each pharmacist during the period for which a certificate is issued and such other regulations consistent with NRS 639.2171 to [639.2178,] 639.2176, inclusive, as the board may determine to be necessary.

      Sec. 16.  NRS 639.2321 is hereby amended to read as follows:

      639.2321  1.  Any person who prepares or distributes radiopharmaceuticals must be under the direct supervision of a nuclear pharmacist.

      2.  The managing pharmacist of a nuclear pharmacy must be [:

      (a) A] a nuclear pharmacist . [; and

      (b) On]

      3.  A nuclear pharmacist must be on the premises during the hours [the] a nuclear pharmacy is open for business.

      Sec. 17.  NRS 639.23286 is hereby amended to read as follows:

      639.23286  A pharmacy that is located outside Nevada and provides mail order service to a resident of Nevada:

      1.  May substitute a drug if the substitution is made in accordance with the provisions of the laws and regulations of the state in which the pharmacy is located.

      2.  Shall provide a toll-free telephone service for its customers to a pharmacist who has access to the records of the customers from Nevada. The telephone service must be available for not less than [6] 5 days per week and for at least 40 hours per week. The telephone number must be disclosed on the label attached to each container of drugs dispensed to a resident of Nevada.

      Sec. 18.  NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a practitioner holding a [currently valid] license to practice his profession in this state may prescribe or write a prescription, except that a prescription written by a person not licensed to practice in this state but authorized by the laws of another state to prescribe shall be deemed to be a legal prescription.

      2.  If a prescription [, written] is prescribed by a person who is not licensed to practice in this state but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

      (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

      (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish, in his professional judgment, that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of each such prescription.

      Sec. 19.  NRS 639.2353 is hereby amended to read as follows:

      639.2353  1.  A prescription must be given.

      (a) Directly from the practitioner to a pharmacist;

      (b) Indirectly by means of an order signed by the practitioner; or

      (c) By an oral order transmitted by an agent of the practitioner.

      2.  A written prescription must contain:


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      (a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) His registration number assigned by the Drug Enforcement Administration if the prescription is for a controlled substance;

      (d) The name of the patient, and his address if not immediately available to the pharmacist;

      (e) The name, strength and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      3.  The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      4.  Each written prescription must be written in such a manner that any registered pharmacist would be able to dispense it. A prescription must be written in Latin or English and may include any character, figure, cipher or abbreviation which is generally used by pharmacists and practitioners in the writing of prescriptions.

      Sec. 20.  NRS 639.238 is hereby amended to read as follows:

      639.238  1.  Prescriptions filled and on file in a pharmacy are not a public record. A pharmacist shall not divulge the contents of any prescription or provide a copy of any prescription, except to:

      (a) The patient for whom the original prescription was issued;

      (b) The practitioner who originally issued the prescription;

      (c) A practitioner who is then treating the patient;

      (d) A member, inspector or investigator of the board or an inspector of the Food and Drug Administration or an agent of the investigation division of the department of motor vehicles and public safety;

      (e) An agency of state government charged with the responsibility of providing medical care for the patient;

      (f) An insurance carrier, on receipt of written authorization signed by the patient or his legal guardian, authorizing the release of such information;

      (g) Any person authorized by an order of a district court; [or]

      (h) Any member, inspector or investigator of a professional licensing board which licenses a practitioner who orders prescriptions filled at the pharmacy; or

      (i) Other registered pharmacists for the limited purpose of and to the extent necessary for the exchange of information relating to persons who are suspected of:

             (1) Misusing prescriptions to obtain excessive amounts of drugs.

             (2) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.

      2.  Any copy of a prescription for a controlled substance or a dangerous drug as defined in chapter 454 of NRS, issued to a person authorized by this section to receive such a copy, must contain all of the information appearing on the original prescription and be clearly marked on its face, “Copy, Not Refillable—For Reference Purposes Only [”; and such a] .”


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Refillable—For Reference Purposes Only [”; and such a] .” The copy must bear the name or initials of the registered pharmacist who prepared the copy.

      3.  If a copy of a prescription for any controlled substance or a dangerous drug as defined in chapter 454 of NRS is furnished to the customer, the original prescription must be voided and notations made thereon showing the date and the name of the person to whom the copy was furnished.

      4.  If, at the express request of a customer, a copy of a prescription for any controlled substance or dangerous drug is furnished to another pharmacist, the original prescription must be voided and notations made thereon showing the date and the name of the pharmacist to whom the copy was furnished. The pharmacist receiving the copy shall call the prescribing practitioner for a new prescription.

      Sec. 21.  NRS 639.239 is hereby amended to read as follows:

      639.239  Members, inspectors and investigators of the board, inspectors of the Food and Drug Administration and agents of the investigation division of the department of motor vehicles and public safety [are authorized to remove an original prescription from a prescription file, if the prescription] may remove any record required to be retained by state or federal law or regulation, including any prescription contained in the files of a practitioner, if the record in question [is considered necessary] will be used as evidence in a criminal action , civil action or an administrative proceeding, or contemplated [proceeding, and if a true copy containing all of the information appearing on the prescription is substituted therefor. Both the copy and the original prescription must be dated and initialed by the member, inspector, investigator and agent and by the registered pharmacist in charge, indicating that all of the information appearing on the original prescription, on that date, also appears on the copy thereof.] action or proceeding. The person who removes a record pursuant to this section shall:

      1.  Affix the name and address of the practitioner to the back of the record;

      2.  Affix his initials, cause an agent of the practitioner to affix his initials and note the date of the removal of the record on the back of the record;

      3.  Affix the name of the agency for which he is removing the record to the back of the record;

      4.  Provide the practitioner with a receipt for the record; and

      5.  Return a photostatic copy of both sides of the record to the practitioner within 15 working days after the record is removed.

      Sec. 22.  NRS 639.2485 is hereby amended to read as follows:

      639.2485  1.  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

      (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 disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.


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ê1995 Statutes of Nevada, Page 295 (Chapter 181, SB 385)ê

 

dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

      3.  If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection 1, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  NRS 639.2806 is hereby amended to read as follows:

      639.2806  A parenteral solution which is [utilized] used by a patient in his home or in a facility for the dependent or a medical facility, other than a hospital as defined in NRS 449.012, may only be sold or dispensed:

      1.  By a [registered pharmacist] pharmacy licensed in this state or a practitioner;

      2.  If the date of expiration is on its label; and

      3.  If a practitioner, registered pharmacist [or] and a registered nurse [is] are available at all times for immediate assistance to the patient in case of any pharmaceutical problems encountered in its use.

      Sec. 25.  NRS 639.2807 is hereby amended to read as follows:

      639.2807  1.  Any parenteral [which needs to be compounded in this state before distribution] for use in a home or a facility for the dependent or a medical facility, other than a hospital as defined in NRS 449.012, must be compounded, packaged and labeled:

      (a) By a registered pharmacist in a pharmacy or a practitioner licensed in this state . [, if those services are readily available.] The practitioner shall ensure that the parenterals are delivered to the patient and are not available for use after the date of expiration.

      (b) Pursuant to regulations adopted by the board . [if those services are not so readily available.

      2.  In order to]

      2.  To maintain the stability of parenteral solutions , [and] to prevent their contamination and that of the personnel of the practitioner [,] and to ensure the quality and continuity of care for patients, the board shall adopt regulations, to include:

      (a) The procedures for the compounding, packaging, replacement and disposal of parenteral solutions;

      (b) The conditions under which those solutions must be prepared, stored and delivered;

      (c) The equipment required for the preparation, sterilization and storage of those solutions and the maintenance and cleaning of that equipment; [and]

      (d) The procedures for the proper disposal of any material used in the preparation of those solutions [.] ;

      (e) The procedures for maintaining records and clinical monitoring of patients;

      (f) The education and training of persons employed by practitioners; and

      (g) The requirements for the education of patients relating to the use of parenterals.


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ê1995 Statutes of Nevada, Page 296 (Chapter 181, SB 385)ê

 

      Sec. 26.  NRS 453.086 is hereby amended to read as follows:

      453.086  “Immediate precursor” means a substance:

      1.  Which the board has found to be and by regulation has designated to be the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance; and

      2.  Which is a chemical intermediary used or likely to be used in the manufacture of the controlled substance [; and

      3.  The] or the control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.

      Sec. 27.  NRS 453.221 is hereby amended to read as follows:

      453.221  The board may adopt regulations and charge reasonable fees relating to the registration and control of the [manufacture, distribution and] dispensing of controlled substances within this state.

      Sec. 28.  NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who [manufactures, distributes or] dispenses any controlled substance within this state or who proposes to engage in the [manufacture, distribution or] dispensing of any controlled substance within this state shall obtain biennially a registration issued by the board in accordance with its regulations.

      2.  A person registered by the board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to [manufacture, distribute,] dispense or conduct research with controlled substances may possess, [manufacture, distribute,] dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

      3.  The following persons [need not] are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered [manufacturer, distributor or] dispenser of a controlled substance if he is acting in the usual course of his business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment; [or]

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, dentist, podiatric physician or veterinarian or in lawful possession of a schedule V substance [.] ; or

      (d) A physician who:

             (1) Holds a locum tenens license issued by the board of medical examiners or a temporary license issued by the state board of osteopathic medicine; and

             (2) Is registered with the Drug Enforcement Administration at a location outside this state.

      4.  The board may waive the requirement for registration of certain [manufacturers, distributors or] dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant [manufactures, distributes or] dispenses controlled substances.


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      6.  The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s regulations.

      Sec. 29.  NRS 453.231 is hereby amended to read as follows:

      453.231  1.  The board shall register an applicant to [manufacture or distribute] dispense controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:

      (a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research or industrial channels;

      (b) Compliance with state and local law;

      (c) Promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;

      (d) Convictions of the applicant pursuant to laws of another country or federal or state laws relating to a controlled substance;

      (e) Past experience of the applicant in the manufacture or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific research or industrial channels;

      (f) Furnishing by the applicant of false or fraudulent material in an application filed pursuant to the provisions of NRS 453.011 to 453.552, inclusive;

      (g) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and

      (h) Any other factors relevant to and consistent with the public health and safety.

      2.  Registration pursuant to subsection 1 entitles a registrant to [manufacture or distribute] dispense a substance included in schedules I or II only if it is specified in the registration.

      3.  A practitioner must be registered before dispensing a controlled substance or conducting research with respect to a controlled substance included in schedules II to V, inclusive. The board need not require separate registration pursuant to the provisions of NRS 453.011 to 453.552, inclusive, for practitioners engaging in research with nonnarcotic controlled substances included in schedules II to V, inclusive, if the registrant is already registered in accordance with the provisions of NRS 453.011 to 453.552, inclusive, in another capacity. A practitioner registered in accordance with federal law to conduct research with a substance included in schedule I may conduct research with the substance in this state upon furnishing the board evidence of the federal registration.

      [4.  A manufacturer or distributor registered under the federal Controlled Substances Act (21 U.S.C. §§ 801 et seq.) may submit a copy of the federal application as an application for registration as a manufacturer or distributor under this section. The board may require a manufacturer or distributor to submit information in addition to the application for registration under the federal act.]


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      Sec. 30.  NRS 453.232 is hereby amended to read as follows:

      453.232  Any person who [manufactures, distributes or] dispenses a controlled substance without being registered by the board if required by NRS 453.231 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.

      Sec. 31.  NRS 453.236 is hereby amended to read as follows:

      453.236  1.  The board may suspend or revoke a registration pursuant to NRS 453.231 to [manufacture, distribute or] dispense a controlled substance upon a finding that the registrant has:

      (a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;

      (b) Been convicted of a felony under a state or federal law relating to a controlled substance;

      (c) Had his federal registration to [manufacture, distribute or] dispense controlled substances suspended or revoked and is no longer authorized by federal law to [manufacture, distribute or dispense such] dispense those substances; or

      (d) Committed an act that would render registration under NRS 453.231 inconsistent with the public interest as determined pursuant to that section.

      2.  The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

      3.  If a registration is suspended or revoked, the board may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation becomes final, the court may order the controlled substances forfeited to the state.

      4.  The board may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or his successor in interest. The board shall notify a registrant, or his successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The board may not dispose of a controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled substance, or from both. The board shall pay to the registrant or his successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.

      5.  The board shall promptly notify the Drug Enforcement Administration and the division of all orders suspending or revoking registration and the division shall promptly notify the Drug Enforcement Administration and the board of all forfeitures of controlled substances.


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division shall promptly notify the Drug Enforcement Administration and the board of all forfeitures of controlled substances.

      6.  A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.

      Sec. 32.  NRS 453.246 is hereby amended to read as follows:

      453.246  Persons registered to [manufacture, distribute or] dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the board issues.

      Sec. 33.  NRS 453.256 is hereby amended to read as follows:

      453.256  1.  [As used in this section, “medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

      2.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, and] Except as otherwise provided in subsection [3,] 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

      [3] 2.  A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:

      (a) In an emergency, as defined by regulation of the board, [a substance included in schedule II may be dispensed] upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.

      (b) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:

             (1) Direct administration to a patient by parenteral solution; or

             (2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the health division of the department of human resources.

A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, such a prescription constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. No prescription for a substance included in schedule II may be refilled.

      [4.] 3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      [5.] 4.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.


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ê1995 Statutes of Nevada, Page 300 (Chapter 181, SB 385)ê

 

      [6.] 5.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his profession.

      [7.] 6.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

      [8.] 7.  An individual practitioner may not dispense a substance included in schedule II, III or IV for his own personal use except in a medical emergency.

      [9.] 8.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      9.  As used in this section:

      (a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

      (b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

      (c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.

      Sec. 34.  NRS 453.341 is hereby amended to read as follows:

      453.341  1.  Prosecution for any violation of law occurring [prior to] before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.

      2.  Civil seizures or forfeitures and injunctive proceedings commenced [prior to] before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.

      3.  All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, [shall] must be continued and brought to a final determination in accord with the laws and rules in effect [prior to] before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and [shall] must be listed in the appropriate schedule.

      4.  The board shall initially permit persons to register who own or operate any establishment engaged in the [manufacture, distribution or] dispensing of any controlled substance [prior to] before January 1, 1972, and who are registered or licensed by the state.

      5.  NRS 453.011 to 453.553, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur[following] after January 1, 1972.

      Sec. 35.  NRS 453.385 is hereby amended to read as follows:

      453.385  1.  Each prescription for a controlled substance listed in schedule II must be written on a separate prescription blank or as an order on the chart of a patient.


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ê1995 Statutes of Nevada, Page 301 (Chapter 181, SB 385)ê

 

chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.

      2.  A prescription for a controlled substance must contain:

      (a) The name of the practitioner, his signature if the prescription was not transmitted orally and his address if not immediately available to the pharmacist;

      (b) The classification of his license;

      (c) His registration number from the Drug Enforcement Administration if it is not immediately available to the pharmacist;

      (d) The name of the patient, and his address if not immediately available to the pharmacist;

      (e) The name, strength and quantity of the drug or drugs prescribed;

      (f) Directions for use; and

      (g) The date of issue.

      3.  A prescription for a controlled substance listed in:

      (a) Schedule III, IV or V must be signed by the practitioner as provided by regulation of the board and may be preprinted or written by an agent of the practitioner.

      (b) Schedule II must be written and signed entirely by hand by the practitioner who issued it, except that:

             (1) The address of the patient and the practitioner may be added by the pharmacist.

             (2) The name of the practitioner, his address, the classification of his license and his registration number for the Drug Enforcement Administration may be preprinted on the prescription form.

      4.  Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.

      Sec. 36.  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 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] section 4 of this act to stock ambulances or other authorized vehicles or replenish the stock; or

 


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ê1995 Statutes of Nevada, Page 302 (Chapter 181, SB 385)ê

 

health officer in any county within its jurisdiction or, in 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] section 4 of this act 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. 37.  NRS 454.286 is hereby amended to read as follows:

      454.286  1.  Every retail pharmacy, hospital [, laboratory, wholesaler, manufacturer,] or any practitioner who engages in the practice of dispensing or furnishing drugs to patients shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.

      2.  The records must be retained for a period of 2 years and must be open to inspection by members, inspectors or investigators of the board or inspectors of the Food and Drug Administration.

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

      4.  For the purpose of this section, the [:

      (a) Prescription] prescription files of a pharmacy [; and

      (b) Federally required forms completed by a distributor or manufacturer who distributes samples of dangerous drugs,] constitute a record of the disposition of all dangerous drugs.

      5.  A person who violates any provision of this section is guilty of a misdemeanor.

      [6.  As used in this section, “sample,” means a unit of a drug that is not to be sold and is used to promote the sale of the drug.]

      Sec. 38.  NRS 454.291 is hereby amended to read as follows:

      454.291  1.  All stock and records of purchase and disposition of any dangerous drug of a [manufacturer,] wholesaler, pharmacy, practitioner, hospital, laboratory or a nonprofit cooperative agriculture organization which supplies and distributes drugs and medicines only to its members are at all times, during business hours, open to inspection by agents, assistants, members and inspectors of the board, inspectors of the Food and Drug administration, and agents and commissioners appointed pursuant to chapter 585 of NRS for the enforcement of the Nevada Food, Drug and Cosmetic Act. The records must be preserved for at least 2 years [from] after the date of making.

      2.  Any person who fails, neglects or refuses to maintain those records or who, when called upon by an authorized officer to produce those records, fails, neglects or refuses to produce them, or who willfully produces or furnishes records which are false, is guilty of a misdemeanor.

      Sec. 39.  NRS 454.480 is hereby amended to read as follows:

      454.480  1.  Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescription of a physician, dentist or veterinarian, or of an advanced practitioner of nursing who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by [NRS 454.236 to 454.276, inclusive.]


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ê1995 Statutes of Nevada, Page 303 (Chapter 181, SB 385)ê

 

refilling must be maintained as required by [NRS 454.236 to 454.276, inclusive.] sections 6 to 9, inclusive, of this act.

      2.  Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold without prescription for the following purposes:

      (a) For use in the treatment of persons having asthma or diabetes.

      (b) For use in injecting intramuscular or subcutaneous medications prescribed by a practitioner for the treatment of human beings.

      (c) For use in an ambulance or by a firefighting agency for which a permit is held pursuant to NRS 450B.200 or 450B.210.

      (d) For the injection of drugs in animals or poultry.

      (e) For commercial or industrial use or use by jewelers or other merchants having need for those devices in the conduct of their business, or by hobbyists if the seller is satisfied that the device will be used for legitimate purposes.

      (f) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.

      Sec. 40.  NRS 453.258, 453.263, 453.441, 453.461, 453.471, 453.481, 453.501, 453.510, 453.515, 454.236, 454.241, 453.451, 454.246, 454.251, 454.261, 454.271, 454.276, 454.278, 454.279, 454.281, 454.700 and 639.2178 are hereby repealed.

 

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CHAPTER 182, SB 2

Senate Bill No. 2–Committee on Commerce and Labor

CHAPTER 182

AN ACT relating to the private investigator’s licensing board; authorizing the board to appoint an executive director and employ other persons to carry out the duties of the board; repealing the minimum time required of a qualified person for the operation of a licensed business; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board may:

      1.  Appoint an executive director who:

      (a) Is in the unclassified service of the state; and

      (b) Shall perform such duties as the board may prescribe; and

      2.  Employ investigators and clerical personnel necessary to carry out the provisions of this chapter.


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ê1995 Statutes of Nevada, Page 304 (Chapter 182, SB 2)ê

 

      Sec. 2.  NRS 281.0341 is hereby amended to read as follows:

      281.0341  A person employed as an investigator by the private investigator’s licensing board pursuant to [NRS 648.050] section 1 of this act has the powers of a peace officer.

      Sec. 3.  NRS 648.050 and 648.141 are hereby repealed.

 

________

 

 

CHAPTER 183, SB 41

Senate Bill No. 41–Committee on Judiciary

CHAPTER 183

AN ACT relating to weapons; revising provisions relating to the disposition of confiscated weapons by law enforcement agencies; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.340 is hereby amended to read as follows:

      202.340  1.  Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any of the instruments or weapons described in NRS 202.350 are taken from the possession of any person charged with the commission of any public offense or crime the instruments or weapons must be surrendered to:

      (a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or

      (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.

      2.  Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:

      (a) Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;

      (b) Sell the confiscated instrument or weapon to another law enforcement agency [at a price not less than its prevailing market value; or

      (c) Sell the confiscated instrument or weapon at a public auction to be held at least once in each year, after notice giving the place and time of the auction and describing the instruments or weapons to be sold is published once a week for 2 weeks immediately preceding the date of the auction in a newspaper of general circulation in the county or city.] ;


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ê1995 Statutes of Nevada, Page 305 (Chapter 183, SB 41)ê

 

      (c) Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;

      (d) Trade the confiscated instrument or weapon to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency’s duties; or

      (e) Donate the confiscated instrument or weapon to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

      3.  All proceeds of a sale ordered pursuant to subsection 2 by:

      (a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.

      (b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

      4.  Any officer receiving an order [as provided in] pursuant to subsection 2 shall comply with the order as soon as practicable.

      5.  [The] Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:

      (a) Destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.

      (b) Return any instrument or weapon, which has not been destroyed pursuant to paragraph (a), upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which he was charged.

      (c) Retain the confiscated instrument or weapon held by him pursuant to an order of a judge of a court of record or by direction of the attorney general or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

      (d) Return any instrument or weapon which was stolen to its rightful owner, unless the return is otherwise prohibited by law.

      6.  Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument or weapon shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this state. The director of the laboratory shall determine whether the instrument or weapon:

      (a) Must be sent to the laboratory for examination as part of a criminal investigation; or

      (b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

 

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ê1995 Statutes of Nevada, Page 306ê

 

CHAPTER 184, SB 125

Senate Bill No. 125–Senator McGinness

CHAPTER 184

AN ACT relating to the state board of architecture; eliminating the prohibition against members of the board who are not registered architects from voting or acting on matters relating solely to architects; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 623.050 is hereby amended to read as follows:

      623.050  1.  The state board of architecture, consisting of seven members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding their appointment.

      (b) One member who is a registered residential designer.

      (c) One member who is a representative of the general public.

      3.  Members of the board must have been residents of the state for not less than 2 years preceding their appointment.

      4.  The governor may, upon bona fide complaint, and for good cause shown, after 10 days’ notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty or malfeasance in office.

      5.  [Only those members of the board who are registered architects may act or vote on applicants for certification as architects or other matters related solely to architects.

      6.]  The member who is a residential designer shall not participate in the investigation or acceptance of his [own] application or in the grading or certification of his [own] examination.

      Sec. 2.  NRS 623.100 is hereby amended to read as follows:

      623.100  1.  The board shall appoint one of its members as chairman, who shall serve without additional pay, and one of its members as secretary and treasurer. The chairman and secretary shall each serve 1 year.

      2.  [Three members who are registered architects] Five members of the board constitute a quorum for consideration of architectural matters, but action shall not be deemed to have been taken upon any question relating to architectural matters unless there are at least 3 votes in accord.

      3.  Four members, one of whom is a residential designer, constitute a quorum for consideration of matters relating to residential design, but action shall not be deemed to have been taken upon any question relating thereto unless there are at least 3 votes in accord.

      Sec. 3.  NRS 623.145 is hereby amended to read as follows:

      623.145  1.  Subject to the limitations imposed by subsections 2 and 3, the board shall adopt [and promulgate] codes of ethics consistent with the constitution and laws of this state binding upon persons registered [under] pursuant to the provisions of this chapter. Such codes of ethics [shall] must have as their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.


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ê1995 Statutes of Nevada, Page 307 (Chapter 184, SB 125)ê

 

their only purpose the maintenance of a high standard of integrity, dignity and professional responsibility by members of the profession.

      2.  The [members of the board who are registered architects] board shall prepare the code of ethics for architects. [Prior to] Before the adoption of [such] the code, a copy [shall] must be sent to every resident registered architect. [Such] The architects may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident registered architects vote against [such] that item.

      3.  The board shall prepare the code of ethics for residential designers. [Prior to] Before the adoption of [such] the code, a copy [shall] must be sent to every resident registered residential designer. [Such] The residential designers may vote on each item in the proposed code. The board may adopt each item unless 25 percent or more of the resident registered residential designers vote against [such] that item.

 

________

 

 

CHAPTER 185, SB 207

Senate Bill No. 207–Committee on Finance

CHAPTER 185

AN ACT making an appropriation to the state gaming control board for a system which facilitates the payment of taxes electronically; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the state gaming control board the sum of $50,520 for a system which facilitates the payment of taxes electronically.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 308ê

 

CHAPTER 186, SB 225

Senate Bill No. 225–Committee on Government Affairs

 

(Requested by Airport Authority of Washoe County)

CHAPTER 186

AN ACT relating to the Airport Authority of Washoe County; eliminating the requirement that the Authority submit certain reports concerning its general obligation debt and debt management, under certain circumstances; revising the salary for the members of the board of trustees of the Authority; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 350.0035 is hereby amended to read as follows:

      350.0035  1.  [Each] Except as otherwise provided in this section, each governing body of a political subdivision and each board of trustees of a general improvement district shall submit to the department of taxation, the county clerk and the commission:

      (a) A complete statement of current and contemplated general obligation debt and a report of current and contemplated debt and special assessments and retirement schedules, in the detail and form established by the committee on local government finance at least 30 days before the annual meeting of the commission each year.

      (b) A written statement of the debt management policy of the political subdivision or general improvement district before it incurs any debt and shall submit revisions of the policy as necessary to ensure the accuracy of the information contained therein. The debt management policy must include, without limitation, a discussion of its:

             (1) Ability to afford existing and future general obligation debt;

             (2) Capacity to incur future general obligation debt without exceeding the applicable debt limit;

             (3) General obligation debt per capita as compared with the average for such debt of local governments in this state;

             (4) General obligation debt as a percentage of assessed valuation of all taxable property within the boundaries of the political subdivision or general improvement district, the effective buying income of all persons who reside within the political subdivision or general improvement district, or both of them;

             (5)  [A policy statement] Policy regarding the manner in which the local government expects to sell its debt;

             (6) Sources of money projected to be available to pay existing and future general obligation debt; and

             (7) Operational costs and revenue sources associated with each project.

      (c) Its plan for capital improvement for the ensuring 3 fiscal years, which must include any contemplated issuance of general obligation debt during this period and the sources of money projected to be available to pay the debt, at least 30 days before the annual meeting of the commission.


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

ê1995 Statutes of Nevada, Page 309 (Chapter 186, SB 225)ê

 

      2.  Each governing body of a political subdivision and each board of trustees of a general improvement district shall update all statements and reports required by subsection 1 as may be necessary to reflect accurately the current status of the political subdivision or general improvement district.

      3.  The provisions of this section do not apply to the Airport Authority of Washoe County so long as the authority does not have any general obligation bonds outstanding and does not issue or propose to issue any such bonds. At least 30 days before each annual meeting of the commission, the authority shall submit to the department of taxation a written statement regarding whether the authority is planning to propose to issue any general obligation bonds before the next following annual meeting of the commission.

      Sec. 2.  NRS 350.004 is hereby amended to read as follows:

      350.004  1.  Before any proposal to issue general obligations or levy a special elective tax may be submitted to the electors of a municipality, or before any other formal action may be taken preliminary to the issuance of any general obligations, the proposed issuance or levy must receive the favorable vote of two-thirds of the members of the general obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of a county, the proposal must receive such a favorable vote in that county.

      2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS whose population within its boundaries is less than 5,000, borrows money or issues securities other than general obligations to evidence such borrowing, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the general obligation bond commission of each county in which it is situated.

      3.  When any municipality other than a general improvement district whose population within its boundaries is less than 5,000, issues any special obligations, it shall so notify in its annual report the general obligation bond commission of each county in which any of its territory is situated.

      4.  The commission shall not approve any proposal submitted to it pursuant to this section by a political subdivision or general improvement district:

      (a) Which, if the proposal is for the financing of a capital improvement, is not included in its plan for capital improvement submitted pursuant to NRS 350.0035, if such a plan is required to be submitted, unless the governing body of the political subdivision or general improvement district determines that an emergency exists which justifies the proposal; or

      (b) If, based upon estimates of:

             (1) The amount of tax revenue needed and the dates that revenue will be needed, as provided by the political subdivision or general improvement district; and

             (2) The assessed valuation for each of the years in which tax revenue is needed, as provided by the county assessor of the county in which the political subdivision or general improvement district is located,

the proposal would result in a combined property tax rate in any of the overlapping entities within the county which exceeds the limit provided in NRS 361.453, unless the proposal also includes an agreement approved by the governing bodies of all affected local governments within the area as to how the combined property tax rates will be brought into compliance with the statutory limitation.


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ê1995 Statutes of Nevada, Page 310 (Chapter 186, SB 225)ê

 

how the combined property tax rates will be brought into compliance with the statutory limitation.

      5.  For the purposes of this section, “emergency” means an unusual combination of circumstances or the resulting state that, in the opinion of the governing body of a political subdivision or general improvement district:

      (a) Requires immediate action on the part of the political subdivision or general improvement district; and

      (b) Would be likely to:

             (1) Result in a financial loss to public or private interests or to business; or

             (2) Cause harm to any person or property.

      Sec. 3.  Section 6 of chapter 474, Statutes of Nevada 1977, as last amended by chapter 32, Statutes of Nevada 1993, at page 55, is hereby amended to read as follows:

       Sec. 6.  1.  Each member of the board shall file with the county clerk:

       (a) His oath of office.

       (b) A corporate surety bond furnished at the authority’s expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.

       2.  No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or have a financial interest in any contract or other transaction with the board or the authority other than as that contract or transaction may be made available to a member of the general public in the course of the authority’s business.

       3.  Each member of the board is entitled to receive $560 per month . [or $80 for each meeting attended or for any portion of a day spent on the business of the authority at the request of the board, whichever is less.]

       4.  For the purposes of this section, “financial interest” means:

       (a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested person’s household.

       (b) Income amounting to 10 percent or more of the gross income of the interested person.

      Sec. 4.  This act becomes effective upon passage and approval.

 

________


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ê1995 Statutes of Nevada, Page 311ê

 

CHAPTER 187, SB 267

Senate Bill No. 267–Committee on Commerce and Labor

CHAPTER 187

AN ACT relating to energy; providing a legislative finding encouraging the use of indigenous energy resources to the extent competitively and economically feasible; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 523.011 is hereby amended to read as follows:

      523.011  1.  The legislature finds that:

      (a) Energy is essential to the economy of the state and to the health, safety and welfare of the people of the state.

      (b) The state has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

      (c) The state has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

      (d) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      (e) Government and private enterprise need to accelerate research and development of alternative sources of energy and to improve technology related to the research and development of existing sources of energy.

      (f)  While government and private enterprise are seeking to accelerate research and development of alternative sources of energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

      (g)  Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within state government.

      2.  It is the policy of this state to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

      3.  It is the policy of this state to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

 

________


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

ê1995 Statutes of Nevada, Page 312ê

 

CHAPTER 188, SB 273

Senate Bill No. 273–Committee on Transportation

CHAPTER 188

AN ACT relating to traffic laws; establishing that a person was driving under the influence of an intoxicating liquor and caused the death of, or substantial bodily harm to, another person if a subsequent test shows the presence of the required level of alcohol in his blood; establishing an affirmative defense; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  1.  Any person who [, while] :

      (a) Is under the influence of intoxicating liquor [or with] ;

      (b) Has 0.10 percent or more by weight of alcohol in his blood [, or while] ;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have 0.10 percent or more by weight of alcohol in his blood;

      (d) Is under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance [, or any person who inhales,] ; or

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle,

and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in subsection [3,] 4, a sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood was tested, to cause the alcohol in his blood to equal or exceed 0.10 percent. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.


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

ê1995 Statutes of Nevada, Page 313 (Chapter 188, SB 273)ê

 

days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  A person convicted of violating any provision of this section may be sentenced to a specified term of imprisonment in accordance with the provisions of subsection 1. The court may order suspension of the sentence if, as a condition of the suspension, the defendant:

      (a) Is imprisoned in the state prison, an institution of minimum security, a conservation camp, a restitution center or a similar facility for not less than 1 year; and

      (b) Upon completion of the term of imprisonment, begins serving a period of probation not to exceed 10 years.

      [4.] 5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

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

 

________

 

 

CHAPTER 189, SB 288

Senate Bill No. 288–Committee on Government Affairs

CHAPTER 189

AN ACT relating to state financial administration; revising the requirements for the annual report of the state controller; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 227.110 is hereby amended to read as follows:

      227.110  1.  The state controller shall digest, prepare and report to the governor, not later than 60 days after the close of each fiscal year or 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, to be laid before the legislature at each regular session:

      (a) A complete statement of the condition of the [revenues,] revenue, taxable funds, resources, [incomes] income and property of the state, and the amount of the expenditures for the preceding fiscal year.

      (b) A full and detailed statement of the public debt.

      (c) A tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under [the same,] each of those appropriations, and the balance unexpended.

      (d) A tabular statement showing the amount of revenue collected from each county for the preceding year.

      2.  In his report the state controller shall recommend such plans as he [may deem] deems expedient for the support of the public credit, for promoting frugality and economy [in the public offices, for lessening the public expenses, and, generally,] , and for the better management and more perfect understanding of the fiscal affairs of the state.


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

ê1995 Statutes of Nevada, Page 314 (Chapter 189, SB 288)ê

 

frugality and economy [in the public offices, for lessening the public expenses, and, generally,] , and for the better management and more perfect understanding of the fiscal affairs of the state.

 

________

 

 

CHAPTER 190, SB 297

Senate Bill No. 297–Committee on Transportation

CHAPTER 190

AN ACT relating to motor carriers; revising the requirements for the preservation of the records of certain motor carriers; allowing a motor carrier to obtain a permit to temporarily operate in this state before he enters this state; revising the rate of interest required to be paid on additional or estimated assessments payable to the department of motor vehicles and public safety for fees owed by motor carriers; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.196 is hereby amended to read as follows:

      706.196  1.  The department may require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.

      2.  [These] Any person whose vehicles are registered with the department pursuant to NRS 706.801 to 706.861, inclusive, shall maintain the books, papers and records [must be preserved intact for 36 months.

      3.  Any common, contract or private motor carrier who:

      (a) Fails to file the returns required pursuant to this chapter; or

      (b) Files the returns required pursuant to this chapter and indicates that he conducted no operations,

shall keep the records required by this section for 7 years after their making or until the department gives him written authorization to destroy the records.] required to be maintained by the department pursuant to subsection 1 for the 36 months following the year for which the vehicles are registered. The books, papers and records must be made available for inspection by the department during normal business hours.

      Sec. 2.  NRS 706.521 is hereby amended to read as follows:

      706.521  1.  Any person has the option, in lieu of causing a motor vehicle which has a declared gross weight in excess of 26,000 pounds to be licensed pursuant to the provisions of NRS 366.220, 482.482 or 706.841, of purchasing a temporary [license] permit and paying a fee of $5 plus 15 cents for each mile the department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary [license.] permit.

      2.  Except as otherwise provided in subsection 3, a temporary [license] permit authorizes operation over the highways of this state from point of entry to point of exit for not more than 24 consecutive hours.


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

ê1995 Statutes of Nevada, Page 315 (Chapter 190, SB 297)ê

 

      3.  The department may issue to the owner or operator of a common motor carrier of passengers a temporary [license] permit which authorizes operation for not more than 120 consecutive hours.

      4.  If a person is issued a temporary [license] permit pursuant to the provisions of this section, the department shall credit the cost of that [license] permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective date of the temporary [license,] permit, or if that license fee has been satisfied, against any fee [due] owed to the department pursuant to the provisions of chapter 366 of NRS.

      Sec. 3.  NRS 706.531 is hereby amended to read as follows:

      706.531  1.  After the department of transportation has approved an application for a permit pursuant to the provisions of subsection 5 of NRS 484.739, and before issuance, the department shall issue special identifying devices for combinations of vehicles to be operated pursuant to the permit. The identifying devices must be carried and displayed in such a manner as the department determines on every combination so operating. The devices issued may be transferred from one combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed pursuant to the provisions of NRS 482.482.

      2.  The annual fee for each identifying device or set of devices for a combination of vehicles is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The maximum fee must not exceed $2,940. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required by the provisions of this chapter.

      3.  Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a combination in excess of the gross weight for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.

      4.  any person apprehended operating a combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.

      5.  The holder of an original permit and identifying devices may, upon surrendering the permit , certificate of registration and devices to the department, or upon delivering to the department a signed and notarized statement that the permit, certificate of registration or devices were lost or stolen and any other documentation that the department may require, apply to the department:


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

ê1995 Statutes of Nevada, Page 316 (Chapter 190, SB 297)ê

 

      (a) For a refund of an amount equal to that portion of the fees paid for the permit and devices that is attributable, on a pro rata monthly basis, to the remainder of the calendar year; or

      (b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.

      Sec. 4.  NRS 706.541 is hereby amended to read as follows:

      706.541  1.  Any person [electing or required to pay license fees pursuant to the provisions of NRS 706.521 shall secure the necessary temporary licenses through the nearest available vendor to his point of entry into the State of Nevada.] who elects to purchase a temporary permit pursuant to NRS 706.521 in lieu of causing a vehicle to be licensed pursuant to the provisions of NRS 366.220, 482.482 or 706.481 shall secure a permit from a vendor authorized to issue those permits pursuant to NRS 481.051.

      2.  If the person will not pass a vendor along his scheduled route, he shall secure the permit:

      (a) Before entering this state; or

      (b) From the nearest available vendor to his point of entry into this state.

      3.  If the person will pass a vendor along his scheduled route, he shall secure the permit from the first vendor located along that route.

      Sec. 5.  NRS 706.546 is hereby amended to read as follows:

      706.546  Where credit is allowed against any subsequent fee for a [license or registration fee] permit paid pursuant to the provisions of NRS 706.521, there is a nonrefundable charge of $5.

      Sec. 6.  NRS 706.791 is hereby amended to read as follows:

      706.791  1.  If the department is not satisfied with the records or statements of, or with the amount of fees paid by, any person pursuant to the provisions of NRS 706.011 to 706.861, inclusive, it may make an additional or estimated assessment of fees due from that person based upon any information available to it.

      2.  Every additional or estimated assessment bears interest at the rate of [2] 1 percent per month, or fraction thereof, from the date the [assessment is imposed until] fees were due until they are paid.

      3.  If [any part of a deficiency for which] an assessment is imposed , [is found to be caused by negligence or intentional disregard of the provisions of NRS 706.011 to 706.861, inclusive, or the regulations of the department adopted pursuant to those sections,] a penalty of 10 percent of the amount of the assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the assessment must be added thereto.

      4.  The department shall give the person written notice of the assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at his address as it appears in the records of the department. [Except for reports filed pursuant to subsection 3 of NRS 706.196, every] Every notice of assessment must be served within 36 months after the [allegedly erroneous report was filed.] end of the registration year for which the additional assessment is imposed.


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

ê1995 Statutes of Nevada, Page 317 (Chapter 190, SB 297)ê

 

      5.  If any person refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary to enable it to determine that the amount of [tax] taxes and fees paid by that person is correct, the assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.

      6.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department in writing for a redetermination within 30 days after service of the notice. If a petition is not filed with the department within that period, the assessment becomes final.

      7.  If a petition for redetermination is filed within 30 days, the department shall reconsider the assessment and send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the department’s decision may appeal the decision by submitting a written request to the department for a hearing not later than 30 days after notice of the decision was mailed by the department. The department shall schedule an administrative hearing and provide the petitioner with 10 days’ notice of the time and place of the hearing. The department may continue the hearing as may be necessary.

      8.  The order of the department upon a petition becomes final 30 days after service of notice thereof. If an assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.

      9.  Every remittance in payment of an assessment is payable to the department.

      Sec. 7.  NRS 481.051 is hereby amended to read as follows:

      481.051  1.  [As executive head of the department, the] The director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall not follow other gainful employment or occupation.

      2.  The director may organize the department into various divisions, alter the organization and reassign responsibilities and duties as he deems appropriate.

      3.  The director shall:

      (a) Formulate the policy of the department and the various divisions thereof.

      (b) Coordinate the activities of the various divisions of the department.

      (c) Adopt such regulations consistent with law as he deems necessary for the operation of the department and the enforcement of all laws administered by the department.

      4.  The director may appoint vendors to serve as agents of the department to sell temporary [licenses.] permits. The vendor shall collect the [tax, fees and licenses provided for in] fees for the permits issued pursuant to chapter 706 of NRS, and pay them to the department. The vendor shall guarantee payment by giving a bond in an amount not less than $25,000, executed by the vendor as principal, and by a corporation qualified [under] pursuant to the laws of this state as surety, payable to the State of Nevada. In lieu of a bond, the vendor may deposit with the state treasurer a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065.


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

ê1995 Statutes of Nevada, Page 318 (Chapter 190, SB 297)ê

 

money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is not available for withdrawal except upon order of the director. The director may appoint inspectors of the public service commission of Nevada and personnel of the Nevada highway patrol to serve without remuneration as vendors for the purposes of this subsection.

      5.  The director may delegate to the officers and employees of the department such authorities and responsibilities not otherwise delegated by law as he deems necessary for the efficient conduct of the business of the department.

 

________

 

 

CHAPTER 191, SB 323

Senate Bill No. 323–Committee on Transportation

CHAPTER 191

AN ACT relating to the administration of motor vehicle laws; authorizing the chief of the investigation division of the department of motor vehicles and public safety to appoint certain persons as investigators; authorizing the chief of the investigation division to enter into certain agreements with state and local law enforcement agencies; including the persons appointed as investigators within the definition of “volunteer peace officers” for the purposes of industrial insurance; and providing other matters properly relating thereto.

 

[Approved June 12, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The chief of the investigation division may enter into agreements with any state or local law enforcement agency in this state or in any other state to carry out the duties of the division, except the duties of the division set forth in chapters 482 and 487 of NRS. A peace officer, while carrying out the duties of the investigation division pursuant to the agreement, has the same powers and responsibilities as an investigator of the investigation division.

      Sec. 3.  1.  If circumstances require the appointment of persons with special skills or training, the chief of the investigation division may appoint persons as investigators who have those special skills or training and have completed the requirements for the training of a category I peace officer pursuant to NRS 481.053. A person appointed as an investigator has the powers of a peace officer while carrying out the duties assigned to him by the chief or a person designated by the chief.

      2.  As used in this section, “category I peace officer” has the meaning ascribed to it in NRS 432B.610.


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

ê1995 Statutes of Nevada, Page 319 (Chapter 191, SB 323)ê

 

      Sec. 4.  NRS 616.073 is hereby amended to read as follows:

      616.073  Volunteer officers attached to the Nevada highway patrol , the investigators appointed pursuant to section 3 of this act or a regularly organized and recognized police department, metropolitan police department or sheriff’s unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of the chief of the Nevada highway patrol , chief of the investigation division of the department of motor vehicles and public safety or a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of this chapter, employees of the Nevada highway patrol , investigation division or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of this chapter upon compliance therewith by the Nevada highway patrol, investigation division or the county, metropolitan police department, city or town.

 

________

 

 

CHAPTER 192, SB 98

Senate Bill No. 98–Committee on Natural Resources

CHAPTER 192

AN ACT relating to water; requiring that an applicant for a permit to appropriate water provide proof of his financial ability and reasonable expectation actually to apply the water to beneficial use with reasonable diligence; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in NRS 533.345, 533.371 and 533.372 and this section, the state engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

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

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

      (c) The applicant provides proof satisfactory to the state engineer of:

             (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

             (2) [If the application proposes to divert 1 or more cubic feet per second of water, his financial ability to construct the work with reasonable diligence.] His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.


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

ê1995 Statutes of Nevada, Page 320 (Chapter 192, SB 98)ê

 

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

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

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

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

      4.  If a hearing is held regarding an application, the decision of the state engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record made of the endorsement in the records of the state engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 6, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as the rejection continues in force.

      5.  The provisions of subsections1, 2 and 3 do not apply to an application for an environmental permit.

      6.  The provisions of subsection 4 do not authorize the recipient of an approved application to use any state land administered by the division of state lands of the state department of conservation and natural resources without the appropriate authorization for such a use from the state land registrar.

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

 

________


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

ê1995 Statutes of Nevada, Page 321ê

 

CHAPTER 193, SB 141

Senate Bill No. 141–Senator Adler

CHAPTER 193

AN ACT relating to water; revising the provisions governing the eligibility of certain purveyors of water to receive grants for making capital improvements to publicly owned water systems; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.983 is hereby amended to read as follows:

      349.983  1.  [Except as otherwise provided in this subsection, grants] Grants may be made to purveyors of water under the program only for those community and nontransient water systems that [were in operation and publicly owned on July 3, 1991. A community or nontransient water system which:

      (a) Was in existence on July 3, 1991, as a privately owned, not for profit business; and

      (b) Has since become publicly owned,

is also eligible to receive grants under the program.] :

      (a) Were in existence on January 1, 1995; and

      (b) Are currently publicly owned.

      2.  In making its determination of which purveyors of water are to receive grants, the board shall give preference to those purveyors of water whose public water systems regularly serve fewer than 6,000 persons.

      3.  Each recipient of a grant shall provide [, from a source other than the State of Nevada,] an amount of money for the same purpose. The board shall develop a scale to be used to determine that amount, but [in no case may] the recipient must not be required to provide an amount less than 15 percent or more than 75 percent of the amount of the grant. The scale must be based upon the average household income of the customers of the recipient, and provide adjustments for the demonstrated economic hardship of those customers, the existence of an imminent risk to public health and any other factor that the board determines to be relevant.

      4.  Except as otherwise provided in subsections 1 and2, the determination of which purveyors of water are to receive grants is solely within the discretion of the board.

      Sec. 2.  NRS 349.977 is hereby repealed.

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

 

________


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

ê1995 Statutes of Nevada, Page 322ê

 

CHAPTER 194, AB 57

Assembly Bill No. 57–Committee on Labor and Management

CHAPTER 194

AN ACT relating to occupational diseases; broadening the application of the provisions governing eligibility for benefits for diseases of the heart or lungs; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 617.135 is hereby amended to read as follows:

      617.135  “Police officer” includes:

      1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

      2.  A chief, inspector supervisor, commercial officer or trooper of the Nevada highway patrol;

      3.  A chief, investigator or agent of the investigation division of the department of motor vehicles and public safety;

      4.  An officer or investigator for the control of emissions from vehicles of the registration division of the department of motor vehicles and public safety;

      5.  An investigator of the bureau of enforcement of the registration division of the department of motor vehicles and public safety;

      6.  A member of the police department of the University and Community College System of Nevada;

      7.  A [uniformed] :

      (a) Uniformed employee of ; or

      (b) Forensic specialist employed by,

the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies; [and]

      8.  A parole and probation officer of the division of parole and probation of the department of motor vehicles and public safety [.] ; and

      9.  A forensic specialist or correctional officer employed by the mental hygiene and mental retardation division of the department of human resources at facilities for mentally disordered offenders.

 

________


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

ê1995 Statutes of Nevada, Page 323ê

 

CHAPTER 195, AB 411

Assembly Bill No. 411–Assemblymen Buckley, Anderson, Spitler, Bache, Segerblom, Dini, Perkins, Williams, Krenzer, Freeman, Ohrenschall, Goldwater, Arberry, Sandoval, Ernaut, Price, Chowning, Manendo, de Braga, Neighbors, Evans, Braunlin, Stroth, Carpenter and Tripple

CHAPTER 195

AN ACT relating to private postsecondary education; establishing an account for student indemnification in the state general fund; specifying the authorized uses of money in the account; imposing a fee on private postsecondary educational institutions; revising provisions governing tuition refunds and bonding requirements; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  The account for student indemnification is hereby created in the state general fund. The existence of the account does not create a right in any person to receive money from the account. The administrator shall administer the account in accordance with regulations adopted by the commission.

      2.  Except as otherwise limited by subsection 3, the money in the account may be used to indemnify any student or enrollee who has suffered damage as a result of:

      (a) The discontinuance of operation of a postsecondary educational institution licensed in this state; or

      (b) The violation by such an institution of any provision of NRS 394.383 to 394.560, inclusive, and sections 2, 3 and 4 of this act, or the regulations adopted pursuant thereto.

      3.  If a student or enrollee is entitled to indemnification from a surety bond pursuant to NRS 394.480, the bond must be used to indemnify the student or enrollee before any money in the account may be used for indemnification.

      4.  In addition to the expenditures made for indemnification pursuant to subsection 2, the administrator may use the money in the account to pay extraordinary expenses incurred to investigate claims for indemnification or resulting from the discontinuance of the operation of a postsecondary educational institution licensed in this state. Money expended pursuant to this subsection must not exceed, for each institution for which indemnification is made, 15 percent of the total amount expended for indemnification pursuant to subsection 2 or $10,000, whichever is less.

      5.  No expenditure may be made from the account if the expenditure would cause the balance in the account to fall below $10,000.

      6.  Interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.

      7.  The money in the account does not lapse to the state general fund at the end of any fiscal year.

      Sec. 3.  1.  Except as otherwise provided in subsection 2, each postsecondary educational institution licensed in this state shall pay to the administrator a fee of $5 for each student the institution initially enrolls in a program for which the student pays a tuition or registration fee.


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ê1995 Statutes of Nevada, Page 324 (Chapter 195, AB 411)ê

 

which the student pays a tuition or registration fee. On or before January 1, April 1, July 1 and October 1 of each year, each institution shall transmit to the administrator the fees required by this subsection for the immediately preceding quarter. The administrator shall deposit the money in the state treasury for credit to the account for student indemnification.

      2.  The administrator shall notify each postsecondary educational institution licensed in this state if the balance in the account is $250,000 or more. If the balance in the account is $250,000 or more, a postsecondary educational institution is not required to pay the fee required by subsection 1. If the balance in the account subsequently falls below $250,000, the administrator shall notify each postsecondary educational institution licensed in this state that the fee must be paid until the balance in the account is $250,000 or more.

      Sec. 4.  Each accredited postsecondary educational institution shall:

      1.  Use the policy for cancellations or refunds that is published by the accrediting body by which the institution is accredited or by the United States Department of Education.

      2.  Refund to a student all the money he has paid if the institution substantially fails to furnish the instruction or services agreed upon in the enrollment agreement.

      Sec. 5.  NRS 394.411 is hereby amended to read as follows:

      394.411  1.  The commission shall adopt regulations governing the administration of NRS 394.383 to 394.560, inclusive, and sections 2, 3 and 4 of this act, and may adopt such other regulations as are proper or necessary for the execution of the powers and duties conferred upon it by law.

      2.  The administrator shall execute, direct or supervise all administrative, technical and procedural activities for which he is responsible in accordance with the policies and regulations of the commission and subject to the commission’s direction and control.

      Sec. 6.  NRS 394.441 is hereby amended to read as follows:

      394.441  A postsecondary educational institution shall:

      1.  Provide students and other interested persons with a catalog or brochure containing information describing the programs offered, objectives of the program, length of the program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, policies concerning cancellations and refunds, an explanation of the account for student indemnification and other material facts concerning the institution and the program or course of instruction that are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the administrator or defined in the regulations of the commission. The information must be provided before enrollment.

      2.  Provide each student who satisfactorily completes the training with appropriate educational credentials indicating:

      (a) That the course of instruction or study has been satisfactorily completed by the student; and

      (b) If the training does not lead to a degree, the number of hours of instruction or credits required of the student to complete the training.

      3.  Unless otherwise authorized by the commission, maintain adequate records at the licensed facility to reflect the attendance, progress and performance of each student at the facility.


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ê1995 Statutes of Nevada, Page 325 (Chapter 195, AB 411)ê

 

      4.  Provide each student with a copy of the agreement to enroll, dated and signed by the student or his guardian and an officer of the institution.

      5.  For each program offered at the institution that does not lead to a degree, collect and maintain information concerning:

      (a) The number of students enrolled in the program and the number and names of students who have obtained employment in related fields, with their locations of placement;

      (b) The number of:

             (1) Students enrolled in the program;

             (2) Students who have graduated from the program; and

             (3) Graduates who have obtained employment in fields related to the instruction offered in the program, with the average compensation of such graduates; or

      (c) For each such program offered to prepare students for a licensing examination:

             (1) The number of students enrolled in the program;

             (2) The number of such students who have graduated from the program; and

             (3) The number of such graduates who have passed the examination.

      6.  Select, from the information collected pursuant to subsection 5, the information relating to any 6-month period within the 18-month period preceding its next date for enrollment. The information for the period selected must be set forth in written form and posted conspicuously at the institution.

      Sec. 7.  NRS 394.449 is hereby amended to read as follows:

      394.449  1.  [Except as otherwise provided in subsection 2, a] A post-secondary educational institution that is not accredited [must] shall have a policy for cancellations and refunds which [, unless it is more lenient,] at least provides:

      (a) That if the [school] institution has substantially failed to furnish the instruction or services agreed upon in the enrollment agreement, the institution shall refund to a student [must be refunded] all the money he has paid.

      (b) That if a student [withdraws,] cancels his enrollment [or is expelled by the school, the school] before the start of instruction, the institution may charge the student [:

             (1) Before the start of instruction,] a registration fee of not more than 10 percent of the tuition [.

             (2) After the start of instruction and before completion of 25 percent of the time or credits in the program, a registration fee of not more than 10 percent of the tuition, plus not more than 50 percent of the remaining cost of the program established in the agreement to enroll.

             (3) Upon or after the completion of 25 percent of the program, the entire cost of the program established in the agreement to enroll.

      (c) If a notice of withdrawal by the student is by certified letter or personal delivery, the date of withdrawal is the date of the postmark or delivery. In any other case, the date of withdrawal is the last date of attendance. If the school expels the student, the school must] agreed upon in the enrollment agreement or $100 whichever is less.


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ê1995 Statutes of Nevada, Page 326 (Chapter 195, AB 411)ê

 

      (c) That if a student withdraws or is expelled by the institution after the start of instruction and before the completion of more than 40 percent of the program, the institution may charge the student:

             (1) A registration fee of not more than 10 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less;

             (2) A termination fee of 25 percent of the tuition agreed upon in the enrollment agreement or $100, whichever is less; and

             (3) A pro rata amount of the tuition agreed upon in the enrollment agreement determined by the percentage of the student’s attendance.

      (d) That if a student withdraws or is expelled by the institution after completion of more than 40 percent of the program, the institution may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.

      2.  Each postsecondary educational institution that is not accredited shall include in its catalog or brochure a description of the institution’s policy for refunds. The description must include at least the following:

      (a) For the purpose of calculating the amount of a refund, the unit of time or other measurement which is used by the institution to determine the percentage of a student’s attendance;

      (b) A statement that the period of a student’s attendance will be measured from the first day of instruction through the student’s last day of actual attendance; and

      (c) An example demonstrating the application of the refund policy.

      3.  If an institution that is not accredited expels a student, the institution shall communicate with the student by certified mail or another equally effective and documented method, and inform him of the expulsion, the reason for it and the effective date of expulsion and retain evidence to that effect in its records.

      [(d) All]

      4.  An institution shall refund all money collected in excess of the amounts allowed in [this subsection must be refunded to the student or his lending agency] subsection 1 within 60 working days after [withdrawal or expulsion.

      2.  A postsecondary educational institution that is not accredited and that offers any program of 300 or more hours of instruction, 18 or more quarter hours or 12 or more semester hours must have a policy for cancellations and refunds for students enrolled in the program that, unless it is more lenient, at least complies with the requirements of paragraphs (a), (c) and (d) of subsection 1 and, in addition, at least provides that if a student withdraws, cancels his enrollment or is expelled by the school, the school may charge the student:

      (a) Before the start of instruction, a registration fee of not more than $100.

      (b) After the start of instruction and:

             (1) Before the completion of 5 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 10 percent of the remaining cost of the program established in the agreement to enroll;

             (2) Before the completion of 10 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 25 percent of the remaining cost of the program established in the agreement to enroll;

 


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ê1995 Statutes of Nevada, Page 327 (Chapter 195, AB 411)ê

 

percent of the remaining cost of the program established in the agreement to enroll;

             (3) Before the completion of 25 percent of the time or credits in the program, a registration fee of not more than $100, plus not more than 50 percent of the remaining cost of the program established in the agreement to enroll; or

             (4) Upon or after the completion of 25 percent of the time or credits in the program, the entire cost of the program established in the agreement to enroll.

      3.] the:

      (a) Date of cancellation by a student of his enrollment;

      (b) First day of class if a student fails to attend the first day and all other classes;

      (c) Last day of an authorized leave of absence if a student fails to return after the period of authorized absence; or

      (d) Last day of attendance of a student,

whichever is applicable.

      5.  Specific financial arrangements between the institution and the student about such educational items as the use or purchase of books and equipment for individual use are not included in the policy for refund. Disputes [will] must be resolved by the administrator on a case-by-case basis.

      [4.  An accredited institution may use the policy for cancellations or refunds published by the body by which it was accredited, if the policy is determined by the administrator to be reasonable comparable to that required by this section and the regulations of the commission.]

      Sec. 8.  NRS 394.480 is hereby amended to read as follows:

      394.480  1.  [Any] Each postsecondary educational institution initially licensed on or after July 1, 1995, and each postsecondary educational institution or other entity [employing] not licensed in this state which is authorized to employ one or more agents in this state, shall file with the administrator a surety bond in the amount of $10,000. [Any other postsecondary educational institution shall file a bond in the amount of $5,000.] The bond must be executed by the institution or other entity as principal and by a surety company as surety. The bond must be payable to the State of Nevada and [, except as otherwise provided in subsection 5,] must be conditioned to provide indemnification to any student, enrollee or his parent or guardian, determined by [a final judgment] the commission to have suffered damage as a result of any act by the postsecondary educational institution that is a violation of NRS 394.383 to 394.560, inclusive [. Except as otherwise provided in subsection 5, the] , and sections 2, 3 and 4 of this act. The bonding company shall provide indemnification upon receipt of written notice of [such judgment.] the determination by the commission. The bond may be continuous, but regardless of the duration of the bond the aggregate liability of the surety does not exceed the penal sum of the bond.

      2.  [The] Except when a surety is released, the surety bond must cover the period of the initial license to operate , including any provisional period, or the agent’s permit, as appropriate . [, except when a surety is released.]

      3.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the administrator, but the release does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary educational institution or agent alleged to have occurred while the bond was in effect, nor for an institution’s ceasing operations during the term for which tuition had been paid while the bond was in force.


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ê1995 Statutes of Nevada, Page 328 (Chapter 195, AB 411)ê

 

does not discharge or otherwise affect any claim filed by a student, enrollee or his parent or guardian for damage resulting from any act of the postsecondary educational institution or agent alleged to have occurred while the bond was in effect, nor for an institution’s ceasing operations during the term for which tuition had been paid while the bond was in force.

      4.  A license or an agent’s permit is suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section . [; but the] The administrator shall give the institution or agent, or both, at least [30] 20 days’ written notice before the release of the surety, to the effect that the license or permit will be suspended by operation of law until another surety bond is filed in the same manner and amount as the bond being terminated.

      5.  If any student is entitled to a refund from an institution pursuant to any provision of NRS 394.383 to 394.560, inclusive, and sections 2, 3 and 4 of this act, the surety [is required to] shall provide indemnification . [only if and to the extent that the assets of the institution are insufficient, upon liquidation, to satisfy the claim.]

      Sec. 9.  NRS 394.510 is hereby amended to read as follows:

      394.510  1.  The commission may impose an administrative fine of not more than $10,000 against a licensee, revoke a license, or make a license conditional after its issuance, if the commission reasonably believes that the holder has violated the provisions of NRS 394.383 to 384.560, inclusive, and sections 2, 3 and 4 of this act, or regulations adopted pursuant to those sections, or has failed to comply with a lawful order of the commission. The administrator shall notify the institution of the reasons for the action by certified mail to its last known address, 20 days before the meeting of the commission at which the action will be considered.

      2.  If the commission revokes a license, the institution shall cease its operations and granting degrees and shall refund to each enrolled student the cost of his current course or program.

      3.  The administrator may impose an administrative fine of not more than $10,000 against an institution or agent, revoke an agent’s permit, or make a permit conditional after its issuance, if he reasonable believes that the holder has violated the provisions of NRS 394.383 to 394.560, inclusive, or regulations adopted pursuant thereto. Before action is taken, the administrator shall notify the holder by certified mail of facts or conduct that warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days after receipt of the notice letter. If no hearing is requested within the prescribed period the action becomes final.

      4.  If an agent is fined or his permit is revoked or conditions imposed, the administrator shall notify, by certified mail, the institution the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 10.  NRS 394.520 is hereby amended to read as follows:

      394.520  1.  Until 1 year after the last date of attendance or date on which the damage occurred, whichever is later, a person claiming damage as a result of any act by a postsecondary educational institution or its agent, or both, that is a violation of NRS 394.383 to 394.560, inclusive, and sections 2, 3 and 4 of this act, or regulations [promulgated] adopted pursuant thereto, may file with the administrator a verified complaint against the institution, its agent, or both.


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ê1995 Statutes of Nevada, Page 329 (Chapter 195, AB 411)ê

 

agent, or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the commission. A complaint may also be filed by a commissioner or the attorney general or initiated by the administrator.

      2.  The administrator shall investigate any verified complaint and may, at his discretion, attempt to effectuate a settlement by arbitration, mediation or negotiation. The administrator may also consult with the applicable accrediting body to resolve the complaint. If a settlement cannot be reached, the administrator shall render a decision and notify each party of the decision and the reasons for it by certified mail to his last known address. Either party may request a hearing before the commission by notifying the administrator by certified mail within 15 days after the decision was mailed to him. The hearing must be held at the next meeting of the commission in the geographical area convenient to the parties. If a hearing is not requested, the decision of the administrator is final.

      3.  If, after consideration of all the evidence presented at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, are guilty of the violation alleged in the complaint, it shall issue and the administrator shall serve upon the institution or agent, or both, an order to cease and desist from the violation. If the commission finds the institution has substantially failed to furnish the instruction or services agreed upon in the agreement to enroll, it shall order the institution to make full restitution to the student of all money paid pursuant to the agreement. If the commission finds that the institution has substantially furnished the instruction or services agreed upon in the agreement to enroll, but that conditions in the school were sufficiently substandard that it was not reasonable to expect the student to complete the instruction, the commission shall order the institution to make restitution to the student of one-half the money paid pursuant to the agreement. The commission may also, as appropriate, based on the administrator’s investigation and the evidence adduced at the hearing, or either of them, institute proceedings to revoke an institution’s license or recommend that the administrator institute proceedings to revoke an agent’s permit.

      Sec. 11.  NRS 394.540 is hereby amended to read as follows:

      394.540  1.  [All] The fees imposed pursuant to this section must be collected by the administrator and deposited in the state treasury to the credit of the state general fund, and no fees so collected are subject to refund.

      2.  The fees are

      (a) For a new license ......................................................................................          $1,500

      (b) For an application by an unlicensed out-of-state educational institution to employ agents in this state.................................................................................................            1,000

      (c) For a change of ownership......................................................................               750

      (d) To add a new degree or vocational program........................................               500

      (e) For an initial agent’s permit.....................................................................               200

      (f) For the renewal of an agent’s permit.......................................................               100

      (g) For a transcript of an academic record which is in the possession of the administrator pursuant to NRS 394.550...............................................................                   5

      3.  In addition, the administrator shall collect from each licensed postsecondary educational institution a fee [equal to] of $4 for each student from which the institution has received tuition or registration fees. The institution shall collect this fee from each such student at the time of the student’s initial enrollment with the institution.


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ê1995 Statutes of Nevada, Page 330 (Chapter 195, AB 411)ê

 

shall collect this fee from each such student at the time of the student’s initial enrollment with the institution. On or before the first day of January, April, July and October, the institution shall transmit to the administrator the fees collected pursuant to this subsection during the preceding quarter. The administrator shall deposit the fees so transmitted with the state treasurer for credit to the state general fund.

      Sec. 12.  A postsecondary educational institution licensed in this state before July 1, 1995, which has filed a surety bond pursuant to NRS 394.480 shall maintain a bond in effect until at least December 31, 1996.

      Sec. 13.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 196, AB 395

Assembly Bill No. 395–Assemblyman Batten

CHAPTER 196

AN ACT relating to children; creating a rebuttable presumption that upon the dissolution of marriage, granting of sole or joint custody of a child to a perpetrator of domestic violence or to a former spouse convicted of sexual assault is not in the best interest of the child; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125.480 is hereby amended to read as follows:

      125.480  1.  In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

      2.  [No preference may] Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

      3.  The court shall award custody in the following order of preference unless in a particular case the best interest of the child requires otherwise:

      (a) To both parents jointly pursuant to NRS 125.490 or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application. When awarding custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

      (b) To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.

      (c) To any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this state.

      (d) To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.


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ê1995 Statutes of Nevada, Page 331 (Chapter 196, AB 395)ê

 

      4.  In determining the best interest of the child, the court shall consider, among other things:

      (a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody;

      (b) Any nomination by a parent of a guardian for the child; and

      (c) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

      5.  Except as otherwise provided in subsection 6 or NRS 125A.360, a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:

      (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and

      (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.

      6.  If after an evidentiary hearing held pursuant to subsection 5 the court determines that each party has engaged in acts of domestic violence, it shall, if possible, then determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:

      (a) All prior acts of domestic violence involving either party;

      (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;

      (c) The likelihood of future injury;

      (d) Whether, during the prior acts, one of the parties acted in self-defense; and

      (e) Any other factors which the court deems relevant to the determination. In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies to both parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 5 applies only to the party determined by the court to be the primary physical aggressor.

      7.  As used in this [paragraph,] section, “domestic violence” means the commission of any act described in NRS 33.018.

      Sec. 2.  NRS 125A.360 is hereby amended to read as follows:

      125A.360  1.  Except as otherwise provided in subsection 2, if a child is conceived as the result of a sexual assault and the person convicted of the sexual assault is the natural father of the child, [such a] the person has no right to custody of or visitation with the child unless the natural mother or legal guardian consents thereto and it is in the best interest of the child.

      2.  The provisions of subsection 1 do not apply if the person convicted of the sexual assault is the spouse of the victim at the time of the sexual assault.


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ê1995 Statutes of Nevada, Page 332 (Chapter 196, AB 395)ê

 

If [such] the persons later divorce, [a court shall consider the conviction of sexual assault in determining whether to grant custody of or visitation with the child to the spouse convicted] the conviction of sexual assault creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the sexual assault is not in the best interest of the child. The court shall set forth findings that any custody or visitation arrangement ordered by the court adequately protects the child and the victim of the sexual assault.

 

________

 

 

CHAPTER 197, SB 293

Senate Bill No. 293–Committee on Human Resources and Facilities

CHAPTER 197

AN ACT relating to county hospitals; authorizing a board of hospital trustees to provide health care and acquire facilities at locations outside the county or counties where the county hospital is established; requiring approval at a primary or general election for an ad valorem tax levy to pay the cost of services to certain persons admitted for emergency treatment; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  A board of hospital trustees may acquire a building or other facility for the provision of health care in a county adjacent to the county or one of the counties where the county hospital is established, may operate such a facility, and may, but need not, enter into a contract with a private hospital or other person to operate such a facility, but only if no tax is levied or appropriation made from the county general fund in the county or counties where the county hospital is established for the maintenance and operation of the county hospital. The board of hospital trustees may use money in the hospital fund or in any separate account established by the board for this purpose.

      2.  To finance the acquisition of the additional facility, the board of hospital trustees may issue, without any election, special obligations payable only from revenues of the additional facility or from those revenues and the revenues of the county hospital and any related facilities. These obligations are not an indebtedness of the county or counties where the county hospital is established or of the county in which the additional facility is located.

      3.  As used in this section, “acquire” and “acquisition” have the meaning attributed to them in NRS 350.506.

      Sec. 2.  NRS 450.010 is hereby amended to read as follows:

      450.010  For the purposes of NRS 450.010 to 450.510, inclusive, and section 1 of this act, “taxpayers” [shall be deemed to] include only citizens of the United States of the age of 18 years and upward who, at the time of filing their petition, are registered electors of the county in which an election is proposed to be held and whose names appear on the latest assessment roll of the county as owners of real or personal property.


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ê1995 Statutes of Nevada, Page 333 (Chapter 197, SB 293)ê

 

is proposed to be held and whose names appear on the latest assessment roll of the county as owners of real or personal property.

      Sec. 3.  NRS 450.200 is hereby amended to read as follows:

      450.200  If the board of hospital trustees and the owners of any property desired by the board of hospital trustees for hospital purposes in the county or counties where the county hospital is established cannot agree as to the price to be paid therefor, the board of hospital trustees shall report the facts to the board or boards of county commissioners. Condemnation proceedings shall be instituted by the board or boards of county commissioners and prosecuted in the name of the county or counties by the district attorney for such county as may be concerned.

      Sec. 4.  NRS 450.220 is hereby amended to read as follows:

      450.220  Any person, firm, organization, corporation or society desiring to make donations of money, personal property or real property for the benefit of a county public hospital shall have the right to vest title of the money, personal property or real property so donated in the county or counties where the county hospital is established to be controlled, when accepted, by the board of hospital trustees according to the terms of the deed, gift, devise or bequest of such property.

      Sec. 5.  NRS 450.240 is hereby amended to read as follows:

      450.240  1.  In all counties where a tax for the establishment and maintenance of a public hospital has been authorized by a majority of the voters voting for a bond issue in accordance with law, the supervision, management, government and control of the county hospital vests in and must be exercised by the board of hospital trustees for the county public hospital, and the institution must thereafter be operated by the board of hospital trustees.

      2.  Annually, upon the request of the board of hospital trustees, the board of county commissioners may levy a tax for the maintenance and operation of the county public hospital [.] , excluding the establishment, maintenance or operation of any facility located outside the county or counties where the county hospital is established.

      3.  The resolution adopted by the board of county commissioners imposing a tax levy for a county public hospital must state:

      (a) The portion of the levy which is necessary to retire hospital bonds and any other outstanding hospital securities, and to pay interest thereon;

      (b) The portion of the levy which is necessary to pay for the care of indigent patients; and

      (c) The portion of the levy which is necessary to pay for the cost of new equipment, replacement of old equipment and other improvements to the hospital not covered by specific bond issues or other securities and not included in the cost of care of indigent patients as provided in paragraph (b). The cost must be prorated to the county in accordance with the number of patient days of care of county patients.

      4.  The board of county commissioners may not levy a tax for the care of indigents in the county public hospital as a hospital expense unless the levy and its justification are included in the budget for the hospital fund submitted to the department of taxation as provided by law.

      Sec. 6.  NRS 450.250 is hereby amended to read as follows:

      450.250  1.  The board of hospital trustees has the exclusive control of:


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ê1995 Statutes of Nevada, Page 334 (Chapter 197, SB 293)ê

 

      (a) The expenditures of all money collected to the credit of the hospital fund.

      (b) The purchase of the site or sites.

      (c) The purchase or construction of any hospital building or buildings.

      (d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.

      2.  With the approval of the board of county commissioners [,] of the county or counties where the county hospital is established, the board of hospital trustees may lease buildings in that county or those counties for medical purposes or for purposes of related health care activities.

      3.  All money received for the hospital must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval by the county auditor, except that all money received for a hospital may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.

      Sec. 7.  NRS 450.425 is hereby amended to read as follows:

      450.425  1.  The board of county commissioners of a county in which a [public hospital is located] county hospital is established may, upon approval by a majority of the voters voting on the question in an election held throughout the county, levy an ad valorem tax of not more than 2.5 cents on each $100 of assessed valuation upon all taxable property in the county, to pay the cost of services rendered in the county by the hospital pursuant to subsection 3 of NRS 450.420. The approval required by this subsection may be requested at any primary [, general or special] or general election.

      2.  Any tax imposed pursuant to this section is in addition to the taxes imposed pursuant to NRS 428.050, 428.185 and 428.285. The proceeds of any tax levied pursuant to this section are exempt from the limitations imposed by NRS 354.59811, 428.050 and 428.285 and must be excluded in determining the maximum rate of tax authorized by those sections.

      Sec. 8.  NRS 450.520 is hereby amended to read as follows:

      450.520  1.  For the purposes of NRS 450.043, 450.060 [, 450.280 and 450.425,] and 450.280, a special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists.

      2.  The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final.

      3.  As used in this section, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

 

________


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

ê1995 Statutes of Nevada, Page 335ê

 

CHAPTER 198, AB 62

Assembly Bill No. 62–Committee on Labor and Management

CHAPTER 198

AN ACT relating to the occupational safety and health review board; requiring the appointment of an alternate for the member representing the general public; revising the requirements for establishing a quorum of the board; and providing other matters properly relating thereto.

 

[Approved June 13, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.565 is hereby amended to read as follows:

      618.565  1.  The occupational safety and health review board, consisting of five members appointed by the governor, is hereby created under the division.

      2.  The governor shall appoint:

      (a) Two members who are representatives of management.

      (b) Two members who are representatives of labor.

      (c) One member who is a representative of the general public.

      (d) One person to serve as an alternate for the representative of the general public when that member is unable to attend a meeting of the board.

At least one of the members appointed pursuant to paragraph (a) or (b) must be knowledgeable regarding occupational safety or health.

      3.  After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms.

      4.  No person employed by the division may serve as a member of the board.

      Sec. 2.  NRS 618.585 is hereby amended to read as follows:

      618.585  1.  The board shall:

      (a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the chairman may determine;

      (b) Enact rules and regulations governing the conduct of review hearings; and

      (c) Perform such other duties as the division may prescribe.

      2.  The board may employ legal counsel to advise it concerning matters which come before it.

      3.  A quorum of the board must be present in order for the conduct of review hearings or other business.

      4.  A quorum consists of at least [one member representing labor, one member representing management and the member representing the general public.] three members of the board, at least one of whom must represent labor and one of whom must represent management.

      5.  All decisions of the board must be determined by a majority decision.

      6.  A complete record of every review hearing must be made.

      7.  If the alternate for the regular member representing the general public attends a meeting of the board in the place of the regular member, the alternate fully assumes the duties, rights and responsibilities for the duration of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend that meeting.


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

ê1995 Statutes of Nevada, Page 336 (Chapter 198, AB 62)ê

 

of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend that meeting.

      Sec. 3.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 199, SB 440

Senate Bill No. 440–Committee on Transportation

CHAPTER 199

AN ACT relating to motor vehicles; prohibiting the imposition of a fee for the issuance of a certificate of dismantling; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.470 is hereby amended to read as follows:

      482.470  1.  If any vehicle is dismantled, junked or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall deliver to the department any certificate of registration and certificate of ownership issued by the department or any other jurisdiction, unless the certificate of ownership is required for the collection of any insurance or other indemnity for the loss of the vehicle, or for transfer in order to dispose of the vehicle.

      2.  Any other person taking possession of a vehicle described in subsection 1 shall immediately deliver to the department any license plate or plates, certificate of registration or certificate of ownership issued by the department or any other jurisdiction, if he has acquired possession of any of these and unless the certificate of ownership is required for a further transfer in the ultimate disposition of the vehicle.

      3.  The department may issue a certificate of dismantling, as provided in chapter 487 of NRS . [, upon the payment of a fee of $10.] The department shall not charge a fee for the issuance of the certificate.

      4.  The department shall destroy any plate or plates, certificate of registration or certificate of ownership that is returned in a manner described in subsections 1 and 2. The department shall not issue a certificate of registration or certificate of ownership for a vehicle with the same identification number as the dismantled, junked or inoperative vehicle if the vehicle was manufactured in the 5 years preceding the date on which it was dismantled, junked or otherwise rendered inoperative, unless the department authorizes the restoration of the vehicle pursuant to subsection 2 of NRS 482.553.

      Sec. 2.  NRS 487.100 is hereby amended to read as follows:

      487.100  1.  Except as otherwise provided in subsection 2, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool, any vehicle subject to registration [under] pursuant to the laws of this state shall forward to the department the certificates of ownership and registration last issued therefor.


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

ê1995 Statutes of Nevada, Page 337 (Chapter 199, SB 440)ê

 

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the manufactured housing division.

      3.  The state agency may issue [without charge] to the licensee a certificate of dismantling, containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The state agency shall not charge a fee for the issuance of the certificate.

 

________

 

 

CHAPTER 200, SB 370

Senate Bill No. 370–Committee on Government Affairs

CHAPTER 200

AN ACT relating to state financial administration; eliminating certain provisions regarding the deposit in holding accounts of money received by agencies, departments and institutions of the state; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 353.253 is hereby amended to read as follows:

      353.253  1.  Every agency, department and institution of the State of Nevada shall deposit all [moneys] money received from the Federal Government, the counties or other sources, in the state treasury as provided in NRS 353.250 unless otherwise provided by law. These deposits [may] must be made to work program accounts directly or to [holding] other budget accounts. [Nothing in this subsection shall be constructed to require any agency, department or institution to deposit any moneys in the state treasury which are not required by law to be so deposited.

      2.  Transfers from holding accounts must be made to support approved work programs, and shall be accomplished not later than the last working day of the month following each fiscal quarter.]

      2.  Except for the balance in any proprietary fund and appropriated or authorized reserves, any balance remaining at the end of a fiscal year in a budget account of an agency, department or institution of the State of Nevada, whether or not authorized for expenditure under a work program, reverts to the source of funding supporting the agency, department or institution. If that source of funding is federal money or a source of revenue the use of which is restricted by statute, then the balance may be authorized for expenditure under a work program for the subsequent fiscal year in accordance with the provisions of this chapter.

      3.  No provision of this chapter [shall] may be construed to authorize or direct the transfer, expenditure or reversion of any [moneys] money received from the Federal Government contrary to the conditions upon which [the same were] that money was received or to any federal law or regulation respecting the accountability therefor.


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

ê1995 Statutes of Nevada, Page 338 (Chapter 200, SB 370)ê

 

      [3.  On or before the last working day of the month following the 4th quarter of each fiscal year, transfers shall be made so that all federal, county or other funds that have been matched or otherwise earned for the completed fiscal period shall have been moved to the proper work program account.

      4.  Any balance remaining in such work program accounts shall revert to the major state fund source supporting the agency, department or institution.

      5.] 4.  This section [shall] does not apply to the board of regents of the University of Nevada and the Nevada state museum.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 201, SB 220

Senate Bill No. 220–Committee on Finance

CHAPTER 201

AN ACT relating to state parks; increasing the maximum amount of general obligation bonds issued pursuant to chapter 785, Statutes of Nevada 1989, which may be used for the preparation of plans for developing state parks; making an appropriation to and authorizing certain expenditures by the division of state parks of the state department of conservation and natural resources for facilities and equipment for state parks; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of chapter 785, Statutes of Nevada 1989, as last amended by chapter 653, Statutes of Nevada 1991, at page 2162, is hereby amended to read as follows:

       Sec. 2.  Of the total bond issue.

       1.  An amount of $34,200,000 must be allocated to the division of state parks of the state department of conservation and natural resources for the following purposes:

       (a) An amount of [$15,600,000] $15,586,000 for the acquisition of real or personal property or interests in real or personal property, the development of state park facilities, or both.

       (b) An amount of [$300,000] $314,000 for the preparation of plans to determine the feasibility of developing state parks, land for state parks and a means of transportation to state parks.

       (c) An amount of $13,300,000 to be allocated to Clark County to develop a county regional wetlands park at the Las Vegas Wash. The money must be used to:

             (1) Divert water, control erosion and make improvements to restore the existing wetlands;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the park.

       (d) An amount of $5,000,000 to be allocated to Washoe County to develop county regional parks. The money must be used to:


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

ê1995 Statutes of Nevada, Page 339 (Chapter 201, SB 220)ê

 

             (1) Divert water and control erosion;

             (2) Acquire and develop land and water rights;

             (3) Provide recreational facilities; and

             (4) Provide parking and access to the parks.

       2.  An amount of $13,000,000 must be allocated to the department of wildlife for the following purposes:

       (a) An amount of $6,000,000 for the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real or personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof. The department of wildlife may loan up to one-half of the amount allocated to the department pursuant to this paragraph, with or without interest, to a local government for use consistent with the provisions of this paragraph. If money is loaned to a local government pursuant to this paragraph:

             (1) The money must be repaid in no more than three equal annual installments; and

             (2) The money repaid to the department must be used for the purposes specified in this paragraph.

       (b) An amount of $2,000,000 for the development of facilities or the improvement of existing fish and wildlife habitats.

       (c) An amount of $5,000,000 for the purchase or lease of water rights and associated interests in land or property for the protection of habitats of fish and game.

      Sec. 2.  There is hereby appropriated from the state general fund to the division of state parks of the state department of conservation and natural resources:

      1.  The sum of $1,000,000 for the payment of expenses related to structural and other improvements to park facilities throughout the state. The money must be used as follows:

      (a) Washoe Lake State Park, $130,000.

      (b) Lake Tahoe Nevada State Park, $97,740.

      (c) Spring Valley State Park, $302,600.

      (d) Cathedral Gorge State Park, $30,310.

      (e) Spring Mountain Ranch State Park, $281,850.

      (f) Valley of Fire State Park, $135,000.

      (g) Fort Churchill State Park, $22,500.

      2.  The sum of $474,270 for new and replacement equipment for state parks.

      3.  The sum of $261,469 for equipment for new park facilities at the Big Bend of the Colorado State Park, the visitor center for state parks in Lincoln and White Pine counties and maintenance operations at South Fork State Recreation Area.

      Sec. 3.  The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of the division of state parks of the state department of conservation and natural resources for the purposes set forth in section 2 of this act until the last Friday of the August immediately following the end of fiscal year 1996-97.


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

ê1995 Statutes of Nevada, Page 340 (Chapter 201, SB 220)ê

 

      Sec. 4.  1.  If a permissible expenditure is not sufficient to allow the completion of a project set forth in subsection 1 of section 2 of this act, the interim finance committee, upon request by the division of state parks of the state department of conservation and natural resources, may increase the permissible expenditure for the project and correspondingly reduce the permissible expenditure for one or more projects set forth in subsection 1 of section 2 of this act.

      2.  The interim finance committee, upon request by the division of state parks of the state department of conservation and natural resources, may reduce the permissible expenditure of a project set forth in subsection 1 of section 2 of this act and authorize the use of the amount saved for other improvements to facilities in state parks.

      Sec. 5.  Any remaining balance of the appropriations made by section 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 6.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 202, SB 202

Senate Bill No. 202–Committee on Finance

CHAPTER 202

AN ACT making an appropriation to the state controller for the purchase of equipment and computer enhancements and the expenses of remodeling the basement of the capitol annex; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the state controller the sum of $47,238 for the purchase of equipment and computer enhancements and the expenses of remodeling the basement of the capitol annex.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 341ê

 

CHAPTER 203, SB 188

Senate Bill No. 188–Committee on Transportation

CHAPTER 203

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to issue sample license plates; prohibiting a person from affixing a sample license plate to a vehicle; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive. The director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the state treasury for credit to the motor vehicle fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 2.  NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration........................................ $5.00

For every substitute number plate or set of plates 5.00 For every duplicate number plate or set of plates       10.00

 


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

ê1995 Statutes of Nevada, Page 342 (Chapter 203, SB 188)ê

 

For every duplicate number plate or set of plates........ 10.00

For every decal displaying a county name....................... .50

For every other decal (license plate sticker or tab)........ 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.370 to 482.376, inclusive, or 482.379 to 482.3814, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) For any souvenir license plate issued pursuant to NRS 482.3825 [,] or sample license plate issued pursuant to section 1 of this act, a fee equal to that established by the director for the issuance of [such] those plates.

      3.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.

      4.  [For purposes of] As used in this section:

      (a) “Duplicate number plate” means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.

      (b) “Substitute number plate” means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates. The plate or set of plates does not repeat the code of the previously issued plate or set.

 

________

 

 

CHAPTER 204, SB 131

Senate Bill No. 131–Senator Raggio

CHAPTER 204

AN ACT relating to sales; authorizing a seller and his agent to collect a fee from a purchaser who purchases goods or services with a check which is not honored; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A seller, or his agent, may collect a fee of not more than $25 for each check which was accepted by the seller as payment for goods or services and, upon presentment to the drawee, was not honored because the drawer stopped payment on the check, the drawer does not have an account with the drawee or the drawer does not have sufficient funds in his account or credit with the drawee to cover the amount of the check.


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

ê1995 Statutes of Nevada, Page 343 (Chapter 204, SB 131)ê

 

      2.  As used in this section:

      (a) “Check” includes a draft or other negotiable order for the payment of money on demand which is drawn on a bank or other financial institution.

      (b) “Drawee” means the person ordered in the check to make payment.

      (c) “Drawer” means the person who signs or is identified in the check as the person ordering payment.

 

________

 

 

CHAPTER 205, SB 213

Senate Bill No. 213–Committee on Finance

CHAPTER 205

AN ACT making an appropriation to the welfare division of the department of human resources for replacement of room dividers and office equipment; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $7,852 for replacement of room dividers and office equipment relating to Nevada Medicaid.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 206, SB 221

Senate Bill No. 221–Committee on Finance

CHAPTER 206

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

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $41,737 for equipment.


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

ê1995 Statutes of Nevada, Page 344 (Chapter 206, SB 221)ê

 

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 207, SB 222

Senate Bill No. 222–Committee on Finance

CHAPTER 207

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

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of state lands of the state department of conservation and natural resources the sum of $24,350 for equipment.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 208, SB 295

Senate Bill No. 295–Committee on Transportation

CHAPTER 208

AN ACT relating to motor vehicles; authorizing the department of motor vehicles and public safety to require a person who pays certain registration fees and taxes in installments to pay the entire amount of those fees and taxes if the person fails to pay them when due; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.482 is hereby amended to read as follows:

      482.482  1.  In addition to any other applicable fee listed in NRS 482.480 , there must be paid to the department for the registration of every motortruck, truck tractor or bus which has a declared gross weight of:


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

ê1995 Statutes of Nevada, Page 345 (Chapter 208, SB 295)ê

 

      (a) Less than 6,000 pounds, a fee of $33.

      (b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

      (c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

      (d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

      (e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.

      2.  [The] Except as otherwise provided in subsection 6, the registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in equal installments. Except for the first installment, which must be paid at the time of registration, installments are due on or before April 1, July 1 and October 1 of each year. The amount of each installment must be determined by taking the total fee and privilege tax due for the calendar year and dividing that amount by the sum of the total number of installments for that calendar year due after the date of registration plus one.

      3.  If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

      4.  Any payment required by subsection 2 shall be deemed received by the department on the date shown by the post office cancellation mark stamped on an envelope containing payment property addressed to the department, if that date is earlier than the actual receipt of that payment.

      5.  A person who fails to pay any fee pursuant to subsection 2 or privilege tax when due shall pay to the department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

      6.  If a person fails to pay any fee pursuant to subsection 2 or privilege tax when due, the department may, in addition to the penalty provided for in subsection 5, require that person to pay:

      (a) The entire amount of the unpaid registration fee and privilege tax owed by that person for the remainder of the calendar year; and

      (b) On an annual basis, any registration fee and privilege tax set forth in subsection 2 which may be incurred by that person in any subsequent calendar year.

 

________


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

ê1995 Statutes of Nevada, Page 346ê

 

CHAPTER 209, SB 334

Senate Bill No. 334–Committee on Finance

CHAPTER 209

AN ACT relating to state property; transferring the duty to pay certain costs related to the purchasing warehouse building in Reno, Nevada, from the purchasing division to the buildings and grounds division of the department of administration; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 331 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Commencing July 1, 1995, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the buildings and grounds division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the building’s original acquisition cost.

      2.  Commencing July 1, 1995, and continuing until the construction costs of $734,000 for the addition to the purchasing warehouse building in Reno, Nevada, have been paid, the buildings and grounds division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the construction costs of that addition.

      3.  Commencing July 1, 1995, and continuing until the renovation costs of $104,234 for the purchasing warehouse building in Reno, Nevada, have been paid, the buildings and grounds division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 5 percent of the building’s renovation costs, including the costs of debt service that are incurred.

      Sec. 2.  NRS 331.010 is hereby amended to read as follows:

      331.010  As used in NRS 331.010 to 331.150, inclusive [:] , and section 1 of this act:

      1.  “Buildings and grounds division” means the buildings and grounds division of the department of administration.

      2.  “Chief” means the chief of the buildings and grounds division.

      3.  “Director” means the director of the department of administration.

      Sec. 3.  NRS 333.121 is hereby amended to read as follows:

      331.121  1.  [Commencing July 1, 1971, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the building’s original acquisition cost.

      2.]   Commencing July 1, 1975, and continuing until the cost of acquisition in the amount of $165,000 for the purchasing warehouse building and site in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the acquisition cost of the building and site.

      [3.] 2.  Commencing July 1, 1979, and continuing until the cost of acquisition in the amount of $45,000 for the purchase of land and related costs, adjacent to the purchasing warehouse building in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 precent of the acquisition cost of the site.


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ê1995 Statutes of Nevada, Page 347 (Chapter 209, SB 334)ê

 

adjacent to the purchasing warehouse building in Las Vegas, Nevada, has been repaid, the purchasing division shall pay annually to the state treasurer for deposit in the state treasury to the credit of the state general fund 2 percent of the acquisition cost of the site.

      Sec. 4.  Section 17 of chapter 497, Statutes of Nevada 1991, at page 1529, is hereby amended to read as follows:

       Sec. 17.  Commencing on July 1, 1993, the purchasing division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of project 91-C8, general services warehouse, Las Vegas . [and project 91-M5, purchasing warehouse renovations, Reno] Each installment must be equal to 5 percent of the total cost of the completed project, including the costs of debt service that are incurred.

      Sec. 5.  Section 7 of chapter 622, Statutes of Nevada 1979, at page 1339, is hereby repealed.

      Sec. 6.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 210, SB 357

Senate Bill No. 357–Committee on Government Affairs

CHAPTER 210

AN ACT relating to the disclosure of improper governmental action; making various changes concerning the disclosure by a state officer or employee of improper governmental action; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 281.641 is hereby amended to read as follows:

      281.641  1.  If any reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the department of personnel for a determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

      (a) The facts and circumstances under which the disclosure of improper governmental action was made; and

      (b) The reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive [,] , and the procedures adopted by the personnel commission pursuant to subsection 4.

      2.  If the hearing officer determines that the action taken was a reprisal or retaliatory action, he may issue an order directing the proper person to desist and refrain from engaging in such action. The hearing officer shall file a copy of his decision with the governor or any other elected state officer who is responsible for the actions of that person.


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ê1995 Statutes of Nevada, Page 348 (Chapter 210, SB 357)ê

 

of his decision with the governor or any other elected state officer who is responsible for the actions of that person.

      3.  The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

      4.  The personnel commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      5.  For the purposes of this section, “reprisal or retaliatory action” includes:

      (a) The denial of adequate personnel to perform duties;

      (b) Frequent replacement of members of the staff;

      (c) Frequent and undesirable changes in the location of an office;

      (d) The refusal to assign meaningful work;

      (e) The issuance of letters of reprimand or evaluations of poor performance;

      (f) A demotion;

      (g) A reduction in pay;

      (h) The denial of a promotion;

      (i) A suspension;

      (j) A dismissal;

      (k) A transfer; [or]

      (l) Frequent changes in working hours or workdays [,] ; or

      (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee,

if such action is taken, in whole or in part, because the state officer or employee disclosed information concerning improper governmental action.

 

________

 

 

CHAPTER 211, SB 402

Senate Bill No. 402–Committee on Commerce and Labor

CHAPTER 211

AN ACT relating to petroleum products; revising the provisions relating to the labeling and specifications of lubricating oil and motor oil; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 590.020 is hereby amended to read as follows:

      590.020  As used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:

      1.  “Additives” means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.


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ê1995 Statutes of Nevada, Page 349 (Chapter 211, SB 402)ê

 

      2.  “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

      3.  “Performance rating” means the system adopted by the American Petroleum Institute for the classification of uses for which an oil is designed.

      4.  “Petroleum products” means gasoline, diesel fuel, burner fuel kerosene, motor vehicle fuel, lubricating oil, motor oil or any product represented as motor oil or lubricating oil. . [, but] The term does not include liquefied petroleum gas or motor oil additives.

      5.  “Recycled oil” means a petroleum product which is prepared from used motor oil or used lubricating oil. The terms includes rerefined oil.

      6.  “Rerefined oil” means used oil which is refined after its previous use to remove from the oil any contaminants acquired during the previous use.

      7.  “Used oil” means any oil which has been refined from crud or synthetic oil and, as a result of use, has become unsuitable for its original purpose because of a loss of its original properties or the presence of impurities, but which may be suitable for another use or economically recycled.

      8.  “Viscosity grade classification” means the measure of an oil’s resistance to flow at a given temperature according to the grade classification system of the Society of Automotive Engineers or other grade classification.

      Sec. 2.  NRS 590.040 is hereby amended to read as follows:

      590.040  1.  It is unlawful for any person to sell or offer to sell any gasoline, diesel fuel or oil represented as lubricating oil for internal combustion engines, unless a sign or label is firmly attached to or painted at or near the outlet of the container from which or into which the gasoline, diesel fuel or oil represented as lubricating oil or motor oil is dispensed or received for sale or delivery. Except as otherwise provided in this section, the sign or label, in letters not less than one-half inch in height, must contain the brand or trade name followed by the word or words “Gasoline,” “Diesel Fuel,” “Lubricating Oil” or “Motor Oil.” All containers and dispensers of lubricating and motor oil must also be labeled in the same manner with the [S.A.E. grade classification number or other grade number.] oil’s viscosity grade classification and performance rating. If a lubricating or motor oil has more than one [S.A.E. grade classification number or other grade number, each S.A.E. grade classification number or other grade number] viscosity grade classification or performance rating, each viscosity grade classification and performance rating must be included in the label. When the sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters must be not less than one-half inch in height. The provisions of this subsection do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor vehicle fuel in a two-cycle engine.

      2.  The inlet end of the fill pipe to each underground storage tank of gasoline or diesel fuel must be labeled with the brand name and the grade of the gasoline or diesel fuel contained therein.

      3.  Petroleum product delivery outlets on tank delivery trucks must be labeled to comply with the requirements of this section before departure from the bulk plants.

      4.  If any gasoline has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, “Gasoline, No Brand.”


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ê1995 Statutes of Nevada, Page 350 (Chapter 211, SB 402)ê

 

      5.  If any diesel fuel has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, “Diesel, No Brand.”

      6.  If any lubricating oil or motor oil has no brand or trade name, the sign or label required by subsection 1 must consist of the words, in letters not less than 3 inches high, “Lubricating Oil, No Brand,” or “Motor Oil, No Brand.”

      7.  On any container with a net content of 1 United States gallon or less, the [letters S.A.E. or Grade, the] brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the viscosity grade classification [number,] , the performance rating and the words “Motor Oil” or “Lubricating Oil” may be painted, printed, embossed or otherwise firmly affixed on the container in letters and numerals of legible size. Such a designation constitutes compliance with the provisions of this section.

      8.  Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.0l0 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into the hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.

      Sec. 3.  NRS 590.060 is hereby amended to read as follows:

      590.060  1.  Except as otherwise provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum products, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the adulteration, and to represent the product as the petroleum product of a brand or trade name in general use by any other marketer or producer of petroleum products.

      2.  Whenever the description of any petroleum product is displayed on any tank, receptacle or other delivery device used for sale to the public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.

      3.  Except as otherwise provided in this subsection, it is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any gasoline, diesel fuel or lubricating oil other than the gasoline, diesel fuel or lubricating oil intended to be stored in the tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith. This section does not apply to any person who sells or offers for sale under his [or its own] name or brand the product or output of another manufacturer or producer, with the consent of this manufacturer or producer.

      4.  [Except as otherwise provided in NRS 590.010 to 590.150, inclusive, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, or rerefined, the container must bear a superimposed sign or label containing the clearly legible words “Reclaimed Motor Oil” or “Lubricating Oil, Reclaimed,” and the name and address of the distributor, processor or manufacturer.]


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ê1995 Statutes of Nevada, Page 351 (Chapter 211, SB 402)ê

 

the name and address of the distributor, processor or manufacturer.] If used oil or recycled oil, other than rerefined oil, is sold or offered for sale or delivery in this state, the container in which that oil is sold or offered for sale or delivery must bear a superimposed sign or label containing the clearly legible words “Recycled Oil” or “Used Oil.”

      Sec. 4.  NRS 590.080 is hereby amended to read as follows:

      590.080  [Crankcase]

      1.  Except as otherwise provided in subsection 2, crankcase drainings, lube-distillate, or any other petroleum product may not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless it conforms to the performance rating set forth on its container and the following specifications:

      [1.] (a) It must be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the state sealer of weights and measures.

      [2.] (b) The flash points for the various [S.A.E. (Society of Automotive Engineers) or grade number] viscosity grade classifications must not be less than the following when tested by the Cleveland Open Cup Method in accordance with the testing procedures approved by the state sealer of weights and measures.[The S.A.E.] Except as otherwise provided in this paragraph, the viscosity grade classification number of motor or lubricating oils must conform to the latest Society of Automotive engineers viscosity classification. Grade numbers 60 and 70 must conform to the requirements listed [herein.] in this paragraph.

 

                                                                                                 Viscosity Sayboldt Seconds

                Viscosity                          Minimum Flash                    Universal 210 Degrees

            Classification                     Degrees Fahrenheit                         Fahrenheit

 

S.A.E.          5W                              305

S.A.E.        10W                              335

S.A.E.        20 and 20W                 345

S.A.E.        30                                  355

S.A.E.        40                                  375

S.A.E.        50                                  400

Grade         60                                  435                                  110 to less than 125

Grade         70                                  470                                  125 to less than 150

 

      [3.] 2.  The provisions of this section do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.

 

________


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ê1995 Statutes of Nevada, Page 352ê

 

CHAPTER 212, SB 465

Senate Bill No. 465–Committee on Judiciary

CHAPTER 212

AN ACT relating to the National Conference of Commissioners on Uniform State Laws; revising the provisions governing the appointment of commissioners on uniform state laws to represent the State of Nevada; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 219.020 is hereby amended to read as follows:

      219.020  1.  [The commissioners shall be] Except as otherwise provided in this section and NRS 219.025, the commissioners are the legislative counsel and [two] not more than four attorneys licensed to practice law in the State of Nevada appointed by the legislative commission. The legislative commission shall appoint attorneys who are members of the legislature to fill the [two] appointive positions created pursuant to this subsection if attorneys are available in the legislature to fill such positions.

      2.  The legislative counsel may appoint not more than two additional commissioners from the attorneys employed by the legislative counsel bureau, upon approval of the legislative commission.

      3.  The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this state.

      [3.] 4.  It shall be a function of the commissioners on uniform state laws to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues shall be paid to that organization out of the legislative fund.

      5.  The legislative counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a commissioner is appointed pursuant to this section.

      Sec. 2.  NRS 219.025 is hereby amended to read as follows:

      219.025  A commissioner who served pursuant to subsection 1 of NRS 219.020 may continue to serve or resume his service as a commissioner if he:

      1.  Is licensed to practice law in the State of Nevada;

      2.  Is a resident of Nevada; and

      3.  Notifies the legislative counsel of his intention to serve as a commissioner.

The legislative counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a commissioner is added pursuant to this section.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 353ê

 

CHAPTER 213, SB 423

Senate Bill No. 423–Committee on Judiciary

CHAPTER 213

AN ACT relating to professional organizations; expanding the scope of professional organizations to include homeopathic medicine; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 89.050 is hereby amended to read as follows:

      89.050  1.  Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its funds in any form of real property, securities or any other type of investment.

      2.  A professional corporation may be organized to render a professional service relating to:

      (a) Architecture, engineering and landscape architecture, or any combination thereof, and may be composed of persons engaged in the practice of architecture as provided in chapter 623 of NRS, persons engaged in the practice of landscape architecture as provided in chapter 623A of NRS and persons engaged in the practice of professional engineering as provided in chapter 625 of NRS.

      (b) Medicine , homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS [and] , persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine , homeopathy and osteopathy.

      3.  A professional corporation may render a professional service only through its officers and employees, all of whom must be authorized to render that professional service.

 

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ê1995 Statutes of Nevada, Page 354ê

 

CHAPTER 214, SB 469

Senate Bill No. 469–Committee on Finance

CHAPTER 214

AN ACT relating to state land; revising the provisions of Assembly Bill No. 387 of this session regarding the approval of a lease for the delivery of state-owned water; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 2 of Assembly Bill No. 387 of this session is hereby amended to read as follows:

       Sec 2.  The provisions of NRS 321.335 and 322.007 which require approval of the interim finance committee notwithstanding and in lieu thereof, the legislature hereby approves:

       1.  The leasing of space, with a first option to any additional available space, at the warehouse located at 2250 Barnett Way, Reno, Nevada, to Washoe County, from the period beginning January 1, 1995, to December 31, 2005, upon the terms and conditions set forth in the proposed lease.

       2.  The leasing of Cottage 8B at the Nevada Mental Health Institute, Sparks, Nevada, with an option to renew, to Benchmark Behavioral Health System of Utah, for the residential treatment of male adolescents with sexual problems, from the period beginning on the effective date of this act and ending June 30, 1998, upon the terms and conditions set forth in the proposed lease.

       3.  The leasing of certain land within Washoe Lake State Park, with an option to renew, to Washoe County, for the placement of a caretaker residence and related septic system, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 10 years, upon the terms and conditions set forth in the proposed lease.

       4.  The leasing of certain land at the Southern Nevada Correctional Center, with an option to renew, to Fleet Call of Utah, Inc., for the construction and maintenance of an equipment shelter and antenna, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 5 years, upon the terms and conditions set forth in the proposed lease.

       5.  The leasing of four wood frame residences within the Stewart Indian School historic district, with a limited option to renew, to the F.I.S.H. Emergency Referral Services Program, Inc., for use as transitional housing for the homeless, from the date it receives the requisite approval from the legislature and the state board of examiners for a term of 5 years, upon the terms and conditions set forth in the proposed lease.

       6.  The leasing of certain water rights, with an option to renew, to the [Silver Lake Water Distribution Company] City of Reno for delivery of state-owned water to the organization maintenance shop and armory of the Nevada Army National Guard, from the date it receives the requisite approval from the legislature and the state board of examiners to August 14, 2036, upon the terms and conditions set forth in the proposed lease.


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ê1995 Statutes of Nevada, Page 355 (Chapter 214, SB 469)ê

 

approval from the legislature and the state board of examiners to August 14, 2036, upon the terms and conditions set forth in the proposed lease.

       7.  The sale of:

       (a) The office building located at 135 South Eighth Street, Las Vegas, Nevada; and

       (b) The parking lot located on the northwest corner of Eighth Street and Carson Avenue, Las Vegas, Nevada,

at public auction or upon sealed bids for cash or pursuant to a contract of sale, at a price not less than their appraised value plus the costs of appraisal and publication of notice of sale.

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

 

________

 

 

CHAPTER 215, AB 135

Assembly Bill No. 135–Committee on Ways and Means

CHAPTER 215

AN ACT relating to the Western Interstate Commission for Higher Education; revising provisions governing the repayment of financial support received by students from the commission; authorizing the commissioners from this state to delegate certain powers to the director of the commission; eliminating a provision which allows students to qualify for financial support by contributing a certain amount of money; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 397 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  Financial support provided to a student who is chosen by the three commissioners from the State of Nevada to receive such support from the Western Interstate Commission for Higher Education must be provided in the form of a support fee. Twenty-five percent of the support fee is a loan that the student must repay with interest pursuant to NRS 397.063 or 397.064, as appropriate. Seventy-five percent of the support fee is a stipend that the student is not required to repay, except as otherwise provided in section 3 of this act.

      Sec. 3.  1.  The provisions of this section apply only to stipends received by a student on or after July 1, 1995.

      2.  Each student must repay all stipends which he receives from the Western Interstate Commission for Higher Education unless he:

      (a) Practices, in Nevada, for the period determined pursuant to section 4 of this act, the profession which he was certified to study.

      (b) Reports his practice status annually on forms provided by the commission.

      (c) Except as otherwise approved by the commission, commences his practice obligation within 1 year after completion or termination of the education, internship or residency for which he received the stipend.


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ê1995 Statutes of Nevada, Page 356 (Chapter 215, AB 135)ê

 

      (d) Maintains his permanent residence in the State of Nevada throughout the period of his practice obligation. For the purposes of this section, a person who leaves the state for a limited period of time without forming the intent of changing his permanent residence is not considered to have moved his residence.

      (e) Graduates with a degree in the area of study for which he received the stipend.

      (f) Completes his practice obligation within the period specified in section 4 of this act.

      3.  A stipend that must be repaid in accordance with this section must be repaid under the following terms:

      (a) All stipends must bear interest at 8 percent per annum from the first day of the academic term for which the student received the support fee.

      (b) The balance due must be repaid in monthly installments within the following periods:

             (1) Five years for stipends which total, including interest, less than $10,000.

             (2) Eight years for stipends which total, including interest, $10,000 or more but less than $20,000.

             (3) Ten years for stipends which total, including interest, $20,000 or more.

      Sec. 4.  1.  A student who receives from the Western Interstate Commission for Higher Education a stipend governed by the provisions of NRS 397.065 or section 3 of this act, must repay all state contributions for the stipend unless he practices, in Nevada, the profession which he was certified to study:

      (a) For 3 years, if he entered the program before July 1, 1985;

      (b) For 1 year for each academic year he receives a stipend, if he enters the program after June 30, 1985; or

      (c) For 1 year for each 9 months he receives a stipend, if he enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,

within 5 years after the completion or termination of his education, internship or residency for which he receives the stipend.

      2.  The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:

      (a) Reduce the period of required practice for a person who practices his profession in a rural area of this state or as an employee of this state.

      (b) Extend the time for completing the required practice beyond 5 years for a person who is granted an extension because of hardship.

      3.  If a period for the required practice is only partially completed, the commission may give credit towards repayment of the stipend for the time the person practiced his profession as required.

      Sec. 5.  The three commissioners from the State of Nevada may, by regulation, delegate to the director of the Western Interstate Commission for Higher Education the authority to negotiate the terms of repayment, including how and when payments will be made on loans or stipends in default. The commissioners may not delegate the authority to reduce the principal balance owing.


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ê1995 Statutes of Nevada, Page 357 (Chapter 215, AB 135)ê

 

      Sec. 6.  The Western Interstate Commission for Higher Education may apply for and accept grants. Upon receipt of sufficient grants, the Commission may enter into binding agreements to purchase additional contract places for Nevada residents in graduate or professional schools within the region. The provisions of NRS 397.060 apply to the selection and certification of students to fill any contract place purchased pursuant to this section. The provisions of sections 2, 3 and 4 of this act do not apply to financial support provided to a student pursuant to this section. The terms and conditions of repayment, if any, must be set forth fully in a contract between the student and the grantor.

      Sec. 7.  The provisions of sections 2, 3 and 4 of this act to the contrary notwithstanding, the Western Interstate Commission for Higher Education may adopt regulations which require as a condition of placement of a student in an educational program for physicians’ assistants and receipt of the related financial support that the student submit to the director of the Western Interstate Commission for Higher Education:

      1.  A written statement from a licensed provider of health care who practices his profession in a rural area of this state that he agrees to employ the student for the term necessary to fulfill the requirements of section 4 of this act upon the completion of the student’s education, examination and licensure.

      2.  A written statement from the student that in lieu of repayment of all state contributions for the stipend he received he will practice his profession in a rural area of this state in accordance with the schedule set forth in subsection 1 of section 4 of this act.

      Sec. 8.  NRS 397.064 is hereby amended to read as follows:

      397.064  Loans, from the Western Interstate Commission for Higher Education’s fund for student loans, to students who enter the program on or after July 1, 1985, must be made upon the following terms:

      1.  All loans must bear interest at 8 percent per annum from the [date when the student receives] first day of the academic term for which the student received the loan.

      2.  Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment. The three commissioners from the State of Nevada, acting jointly, shall , or shall delegate to the director of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:

      (a) Five years for loans which total less than $10,000.

      (b) Eight years for loans which total $10,000 or more but less than $20,000.

      (c) Ten years for loans which total $20,000 or more.


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ê1995 Statutes of Nevada, Page 358 (Chapter 215, AB 135)ê

 

      3.  A student loan may not exceed 50 percent of the student fees for any academic year.

      4.  A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.

      5.  The reasonable costs of collection and an attorney’s fee may be recovered in the event of delinquency.

      Sec. 9.  NRS 397.065 is hereby amended to read as follows:

      397.065  1.  [Except as provided in subsection 2, each] The provisions of this section apply only to stipends received by a student before July 1, 1995.

      2.  Each student entering the Western Regional Higher Education Compact program after April 23, 1977, must repay all state contributions for stipends which he receives from the Western Interstate Commission for Higher Education unless he practices, in Nevada, for the period determined pursuant to section 4 of this act, the profession which he was certified to study . [:

      (a) For 3 years, if he entered the program before July 1, 1985;

      (b) For 1 year for each academic year he receives a stipend, if he enters the program after June 30, 1985; or

      (c) For 1 year for each 9 months he receives a stipend, if he enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,

within 5 years after the completion or termination of his education, internship or residency for which he receives the stipend.

      2.  The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:

      (a) Reduce the period of required practice for persons who practice their professions in rural areas of this state or as employees of this state.

      (b) Extend the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship.]

      3.  Stipends granted before July 1, 1985, and stipends granted to students classified as continuing students before July 1, 1985, must be repaid within the same period established for the repayment of loans in NRS 397.063. Stipends granted before July 1, 1985, and stipends granted to students classified as continuing students before July 1, 1985, do not bear interest.

      4.  Stipends granted to students entering the program on or after July 1, 1985, must be repaid in the same manner, within the same period and at the same rate of interest established for the repayment of loans in NRS 397.064.

      5.  [If the period for the required practice is only partially completed, the commission may give credit towards repayment of the stipend for the time the person practiced his profession as required.]

      Sec. 10.  NRS 397.067 is hereby amended to read as follows:

      397.067  The three commissioners from the State of Nevada, acting jointly, may , or may delegate to the director of the Western Interstate Commission for Higher Education the power to, require, upon notice to a recipient of a loan, that he repay the balance and any unpaid interest on the loan at once if:

      1.  An installment is not paid within 30 days after it is due;

      2.  The recipient fails to notify the commissioners, within 30 days, of:


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ê1995 Statutes of Nevada, Page 359 (Chapter 215, AB 135)ê

 

      (a) A change of name or of the address of his home or place of practice; or

      (b) The termination of his education or completion of his internship for which he receives the loan; or

      3.  The recipient fails to comply with any other requirement or perform any other obligation he is required to perform pursuant to any agreement under the program.

      Sec. 11.  NRS 397.0685 is hereby amended to read as follows:

      397.0685  1.  The three commissioners from the State of Nevada, acting jointly, may, after receiving a written application stating the reasons therefor, reduce the period of required practice for the repayment of a stipend under [NRS 397.065] section 4 of this act if the applicant:

      (a) Has had at least 1 continuous year of practice of his profession in this state, and practices his profession in a rural area of this state. The applicant’s practice in the rural area must be equal to at least half of the total time spent by the applicant in his professional practice, and not less than 20 hours per week.

      (b) Practices his profession as a full-time employee of the State of Nevada and has been employed by the state for at least 1 continuous year immediately before his application.

      2.  Any claim as to practice must be verified.

      Sec. 12.  NRS 397.061 is hereby repealed.

      Sec. 13.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 216, AB 182

Assembly Bill No. 182–Committee on Ways and Means

CHAPTER 216

AN ACT relating to the supreme court; making a supplemental appropriation to the supreme court for an anticipated shortfall in revenue from administrative assessments; authorizing certain transfers of money; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the supreme court the sum of $25,428 for an anticipated shortfall in revenue authorized to be received from administrative assessments for the fiscal year ending June 30, 1995. This appropriation is supplemental to that made by section 1 of chapter 352, Statutes of Nevada 1993, at page 1136, but may not be used until all of the money transferred to the supreme court pursuant to section 2 of this act has been committed for expenditure.

      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 general fund as soon as all payments of money committed have been made.

      Sec. 2.  The provisions of subsection 8 of NRS 176.059 notwithstanding, to supplement the appropriation made by section 1 of chapter 352, Statutes of Nevada 1993, at page 1136, the office of the court administrator shall cause to be transferred to the supreme court:

 


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ê1995 Statutes of Nevada, Page 360 (Chapter 216, AB 182)ê

 

Nevada 1993, at page 1136, the office of the court administrator shall cause to be transferred to the supreme court:

      1.  From the money allocated pursuant to subsection 8 of NRS 176.059 for the fiscal year 1994-95 for continuing judicial education, $177,198; and

      2.  From the money allocated pursuant to subsection 8 of NRS 176.059 for the fiscal year 1994-95 to pay for the services of retired justices and retired district judges, $71,000.

      Sec. 3.  This act becomes effective upon passage and approval or on June 29, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 217, AB 315

Assembly Bill No. 315–Committee on Ways and Means

CHAPTER 217

AN ACT making a supplemental appropriation to the School of Medical Sciences of the University and Community College System of Nevada for unforeseen expenses relating to the Family Practice Residency Program and the Family Medicine Center; and providing other matters properly relating thereto.

 

[Approved June 14, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the School of Medical Sciences of the University and Community College System of Nevada the sum of $135,829 for unforeseen expenses relating to the Family Practice Residency Program and the Family Medicine Center. This appropriation is supplemental to that made by section 16 of chapter 350, Statutes of Nevada 1993, at page 1116.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 361ê

 

CHAPTER 218, AB 177

Assembly Bill No. 177–Assemblymen Freeman, Humke, Anderson, de Braga, Ernaut, Evans, Lambert, Bache, Arberry, Giunchigliani, Goldwater, Ohrenschall, Manendo, Dini, Buckley, Spitler, Chowning, Schneider, Perkins, Price, Neighbors, Segerblom, Hettrick and Williams

CHAPTER 218

AN ACT relating to children; providing certain presumptions concerning the best interests of a child; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 128.106 is hereby amended to read as follows:

      128.106  In determining neglect by or unfitness of a parent, the court shall consider, without limitation, the following conditions which may diminish suitability as a parent:

      1.  Emotional illness, mental illness or mental deficiency of the parent which renders the parent consistently unable to care for the immediate and continuing physical or psychological needs of the child for extended periods of time. The provisions contained in NRS 128.109 apply to the case if the child has been placed outside his home pursuant to chapter 432B of NRS.

      2.  Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature.

      3.  Conduct that violates any provision of NRS 200.465.

      4.  Excessive use of intoxicating liquors, controlled substances or dangerous drugs which renders the parent consistently unable to care for the child.

      5.  Repeated or continuous failure by the parent, although physically and financially able, to provide the child with adequate food, clothing, shelter, education or other care and control necessary for his physical, mental and emotional health and development, but a person who, legitimately practicing his religious beliefs, does not provide specified medical treatment for a child is not for that reason alone a negligent parent.

      6.  Conviction of the parent for commission of a felony, if the facts of the crime are of such a nature as to indicate the unfitness of the parent to provide adequate care and control to the extent necessary for the child’s physical, mental or emotional health and development.

      7.  Unexplained injury or death of a sibling of the child.

      8.  Inability of appropriate public or private agencies to reunite the family despite reasonable efforts on the part of the agencies.

      Sec. 3.  NRS 128.109 is hereby amended to read as follows:

      128.109  1.  If a child has been placed [in the custody of the division of child and family services of the department of human resources and the] outside his home pursuant to chapter 432B of NRS, the following provisions must be applied for the purposes of determining the conduct of the parent:

      (a) If the child has resided outside his home pursuant to that placement for 18 months of any 24 consecutive months, it must be presumed that the parent or parents have demonstrated only token efforts to care for the child as set forth in paragraph (f) of subsection 2 of NRS 128.105.


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ê1995 Statutes of Nevada, Page 362 (Chapter 218, AB 177)ê

 

or parents have demonstrated only token efforts to care for the child as set forth in paragraph (f) of subsection 2 of NRS 128.105.

      (b) If 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] was placed or the plan was commenced, whichever occurs later, that failure to comply is evidence of failure of parental adjustment [.] as set forth in paragraph (d) of subsection 2 of NRS 128.105.

      2.  If a child has been placed outside his home pursuant to chapter 432B of NRS and has resided outside his home pursuant to that placement for 18 months of any 24 consecutive months, the best interests of the child must be presumed to be served by termination of parental rights.

      3.  The presumptions specified in subsections 1 and 2 must not be overcome or otherwise affected by evidence of failure of the state to provide services to the family.

      Sec. 4.  NRS 432B.540 is hereby amended to read as follows:

      432B.540  1.  If the court finds that the allegations of the petition are true, it shall order that a report be made in writing by an agency which provides protective services, concerning the conditions in the child’s place of residence, the child’s record in school, the mental, physical and social background of his family, its financial situation and other matters relevant to the case.

      2.  If the agency believes that it is necessary to remove the child from the physical custody of his parents, it must submit with the report a plan designed to achieve a placement of the child in a setting as near to the residence of his parent as is consistent with the best interests and special needs of the child. The plan must include.

      (a) A description of the type and appropriateness of the home or institution in which the child could be placed, a plan for assuring that he would receive proper care and a description of his needs;

      (b) A description of the services to be provided to the child and to a parent to facilitate the return of the child to the custody of his parent or to assure his permanent placement;

      (c) The appropriateness of the services to be provided under the plan; and

      (d) A description of how the order of the court will be carried out.

      3.  If the child is not residing in his home, the agency shall include as a part of the plan for the permanent placement of the child, established pursuant to NRS 432B.590, a recommendation to terminate parental rights unless it determines that initiating a petition for the termination of parental rights is not in the best interests of the child. If the agency conclusively determines that initiating a petition for the termination of parental rights is not in the best interests of the child, it shall include a full explanation of the basis for the determination as part of the plan.

      Sec. 5.  NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in NRS 432B.600, the court shall hold a hearing concerning the permanent placement of the child no later than 18 months after the most recent removal of the child from his home and annually thereafter. Notice of this hearing must be given by registered or certified mail to all parties of the dispositional proceeding, except a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.


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ê1995 Statutes of Nevada, Page 363 (Chapter 218, AB 177)ê

 

whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

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

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

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

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

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

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

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

should be initiated.

      4.  If a child has been placed outside his home and has resided outside his home pursuant to that placement for 18 months of any 24 consecutive months, the best interests of the child must be presumed to be served by termination of parental rights.

      5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      Sec. 6.  The calculation of the number of months that a child has resided outside his home, for the purposes of NRS 128.109 and 432B.590, as amended by this act, must not include any months before January 1, 1995.

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

 

________

 

 

CHAPTER 219, AB 389

Assembly Bill No. 389–Committee on Ways and Means

 

(Requested by Assemblyman Hettrick)

CHAPTER 219

AN ACT relating to the department of prisons; authorizing the director of the department to charge an offender for certain additional costs; authorizing the transfer of money from the offenders’ store fund to pay certain unpaid costs assessed to an offender; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 209.221 is hereby amended to read as follows:

      209.221  1.  The offenders’ store fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the offenders’ store fund.

      2.  The director shall:

      (a) Keep, or cause to be kept, a full and accurate account of the fund;

      (b) Submit reports to the board relative to money in the fund as may be required from time to time; and


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ê1995 Statutes of Nevada, Page 364 (Chapter 219, AB 389)ê

 

      (c) Submit a monthly report to the offenders of the amount of money in the fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.

      3.  Except as otherwise provided in [subsection 4,] subsections 4 and 5, money in the offenders’ store fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

      4.  If necessary to cover a shortfall of money in the prisoners’ personal property fund, the director may, after obtaining the approval of the interim finance committee, authorize the state controller to transfer money from the offenders’ store fund to the prisoners’ personal property fund, and the state controller shall make the transfer.

      5.  If an offender has insufficient money in his individual account in the prisoners’ personal property fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the director shall authorize the state controller to transfer sufficient money from the offenders’ store fund to the appropriate account in the state general fund to pay costs remaining unpaid, and the state controller shall make the transfer. Any money so transferred must be accounted for separately. The director shall cause the offenders’ store fund to be reimbursed from the offender’s individual account in the prisoners’ personal property fund, as money becomes available.

      Sec. 2.  NRS 209.225 is hereby amended to read as follows:

      209.225  1.  The director shall deposit the offenders’ store fund with the state treasurer for investment. The interest and income earned upon the fund, after deducting any applicable charges, must be credited to the fund and may only be disbursed as authorized by the legislature.

      2.  The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the offenders’ store fund. The provisions of this chapter do not establish a basis for any cause of action against the state or against officers or employees of the state to claim ownership of any interest or income that accrues on the money in the offenders’ store fund.

      Sec. 3.  NRS 209.246 is hereby amended to read as follows:

      209.246  The director shall, with the approval of the board, establish by regulation criteria for a reasonable deduction from money credited to the account of an offender to:

      1.  Repay the cost of:

      (a) State property willfully damaged , [or] destroyed or lost by the offender during his incarceration.

      (b) Medical examination, diagnosis or treatment for injuries [inflicted] :

             (1) Inflicted by the offender upon himself or [others.] other offenders; or

             (2) Which occur during voluntary recreational activities.

      (c) Searching for and apprehending the offender when he escapes or attempts to escape.

      (d) Quelling any riot or other disturbance in which the offender is unlawfully involved.

      (e) Providing a funeral for an offender.

      (f) Providing an offender with clothing, transportation and money upon his release from prison pursuant to NRS 209.511.


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ê1995 Statutes of Nevada, Page 365 (Chapter 219, AB 389)ê

 

      (g) Transportation of an offender pursuant to a court order in cases other than a criminal prosecution, a proceeding for post-conviction relief involving the offender or a proceeding in which the offender has challenged the conditions of his confinement.

      (h) Monetary sanctions imposed under the code of penal discipline adopted by the department.

      2.  Defray , as determined by the director, a portion of the costs paid by the department for medical care for the offender [.] , including, but not limited to:

      (a) Except as otherwise provided in paragraph (b) of subsection 1, expenses for medical or dental care, prosthetic devices and pharmaceutical items; and

      (b) Expenses for prescribed medicine and supplies.

      3.  Repay the costs incurred by the department on behalf of the offender for [postage, paper, photocopying and the replacement of identification cards.] :

      (a) Postage for personal items and items related to litigation;

      (b) Photocopying of personal documents and legal documents;

      (c) Legal supplies;

      (d) Telephone calls charged to the department;

      (e) Charges relating to checks returned for insufficient funds and checks for which an order to stop payment has been made;

      (f) Items related to the offender’s work, including, but not limited to, clothing, shoes, boots, tools, a driver’s license or identification card issued by the department of motor vehicles and public safety, a work card issued by a law enforcement agency and a health card; and

      (g) The replacement of an identification card or prepaid ticket for bus transportation issued to the offender by the department.

All money collected pursuant to this section must be deposited in the appropriate account in the state general fund for reimbursement of the related expenditure.

      Sec. 4.  NRS 209.511 is hereby amended to read as follows:

      209.511  1.  When an offender is released from prison by expiration of his term of sentence, by pardon or by parole, the director:

      (a) May furnish him with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the director.

      (b) Shall give him notice of the provisions of NRS 202.360 and 207.080 to 207.150, inclusive.

      (c) Shall require him to sign an acknowledgment of the notice required in paragraph (b).

      (d) May provide him with clothing suitable for reentering society.

      (e) May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction.

      (f) Shall require him to submit to at least one test for exposure to the human immunodeficiency virus.

      2.  The costs authorized in paragraphs (a), (d), (e) and (f) of subsection 1 must be paid out of the appropriate account within the state general fund for the use of the department as other claims against the state are paid [.] to the extent that the costs have not been paid in accordance with NRS 209.246 and subsection 5 of NRS 209.221.


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ê1995 Statutes of Nevada, Page 366 (Chapter 219, AB 389)ê

 

extent that the costs have not been paid in accordance with NRS 209.246 and subsection 5 of NRS 209.221.

      Sec. 5.  On or before August 15, 1995, the director of the department of prisons shall, with the approval of the board of state prison commissioners, adopt all administrative regulations and procedures necessary to carry out the amendatory provisions of this act.

      Sec. 6.  This act becomes effective:

      1.  Upon passage and approval, for all purposes related to the adoption of administrative regulations and procedures which are made necessary by the amendatory provisions of this act; and

      2.  On August 15, 1995, for all other purposes.

 

________

 

 

CHAPTER 220, AB 39

Assembly Bill No. 39–Committee on Government Affairs

CHAPTER 220

AN ACT relating to public purchasing; revising various provisions governing state purchasing; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 333.020 is hereby amended to read as follows:

      333.020  As used in this chapter, unless the context otherwise requires:

      1.  “Chief” means the chief of the purchasing division.

      2.  “Director” means the director of the department of administration.

      3.  “Purchasing division” means the purchasing division of the department of administration.

      4.  “Request for a proposal” means a statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      5.  “Using agencies” means all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources, excepting local governments as defined in NRS 354.474, conservation districts , [and] irrigation districts [. The] and the University and Community College System of Nevada . [is not a “using agency” except as otherwise provided in NRS 333.461.]

      6.  “Volunteer fire department” means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.


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ê1995 Statutes of Nevada, Page 367 (Chapter 220, AB 39)ê

 

      Sec. 2.  NRS 333.124 is hereby amended to read as follows:

      333.124  1.  The donated commodities account is hereby created in the state general fund for the use of the chief in acquiring commodities donated by the Federal Government and its agencies.

      2.  If a tax-supported or nonprofit school or other health or educational institution receives a donated commodity secured through the purchasing division, the chief shall charge the school or institution a fee in an amount sufficient to repay part or all of the cost of transportation and other costs incurred in acquiring the commodity.

      3.  All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the donated commodities account. The interest and income earned on the money in the account must be credited to the account.

      4.  Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of the donated commodities may be paid from the donated commodities account.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  NRS 333.280 is hereby amended to read as follows:

      333.280  1.   Except as otherwise provided in this subsection, the chief may enter into a contract using a standard form of contract, by advertising in accordance with the provisions of NRS 333.310, for the furnishing of supplies, materials and equipment for not more than [1 year.] 2 years. If an extended contractual period is necessary to promote the use of a manufacturing process which emphasizes the efficient use of energy or to promote the manufacture of products which use recycled materials, the chief may enter into such a contract for not more than 3 years.

      2.  The original terms of a contract may be extended annually thereafter if the conditions for extension are specified in the original solicitation, and the chief determines that an extension is in the best interest of the state.

      Sec. 5.  NRS 333.300 is hereby amended to read as follows:

      333.300  1.  Except as otherwise provided in NRS 333.375, the chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.250.

      2.  All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof exceeds [$7,500] $10,000, must be purchased by formal contract from the lowest responsible bidder after due notice inviting the submission of sealed proposals to the chief of the purchasing division at the date, hour and location set forth in the proposal, and at that date, hour and location the proposals must be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. The notice must be published as outlined in NRS 333.310.

      3.  In case of emergencies caused by acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief, but every effort must be made to secure the maximum competitive bidding under the circumstances.


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ê1995 Statutes of Nevada, Page 368 (Chapter 220, AB 39)ê

 

secure the maximum competitive bidding under the circumstances. In no case may contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.

      4.  In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall:

      (a) If the lowest bids are by bidders resident in Nevada, accept the proposal which, in his discretion, is in the best interests of this state.

      (b) If the lowest bids are by bidders resident outside Nevada:

             (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this state; or

             (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in Nevada.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 333.450 is hereby amended to read as follows:

      333.450  1.  All claims for supplies, materials and equipment purchased pursuant to the provisions of this chapter must, when approved by the chief, be audited and paid [out of the state purchasing fund] in the same manner as other claims against the state are required to be audited and paid.

      2.  The amount of administrative and handling charges must be determined by the chief in each case, but must not exceed a uniform percentage basis charge between departments or using agencies.

      3.  The amount receivable from each using agency to which supplies, material or equipment is delivered must include:

      (a) The cost to the division of the items delivered; and

      (b) The charges as determined pursuant to subsection 2.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 333.490 is hereby amended to read as follows:

      333.490  1.  The chief shall secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to organizations for emergency management, to volunteer fire departments, and to such other institutions or activities as are eligible pursuant to federal law to acquire such property. The chief may make such certifications, develop and sign such plans of operation, take such action and enter into such contracts and undertakings for and in the name of the state as are authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He may adopt regulations, prescribe requirements, and take the necessary action to assure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. He shall charge the schools and institutions receiving donable surplus property secured through the purchasing division, the charge to be a percentage of the cost of acquisition or of the fair value of the item requested sufficient to repay part or all of the cost of transportation and other costs incurred in acquisition of the property.

      2.  All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration account, which is hereby created in the state general fund. The interest and income earned on the money in the account must be credited to the account.


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

ê1995 Statutes of Nevada, Page 369 (Chapter 220, AB 39)ê

 

All expenses for the distribution of federal surplus property must be paid from the account as other claims against the state are paid.

      3.  The chief may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property at any time when there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the state.

      Sec. 10.  NRS 333.461 is hereby repealed.

      Sec. 11.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 221, AB 72

Assembly Bill No. 72–Committee on Ways and Means

CHAPTER 221

AN ACT relating to local governmental finances; limiting the period during which certain taxes may be levied to finance the construction of schools; requiring the board of county commissioners to obtain the approval of the general obligation bond commission of the county before it submits a proposal for the imposition of an additional tax ad valorem for capital projects to the voters of the county for approval; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.3285 is hereby amended to read as follows:

      387.3285  1.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is fewer than 25,000 pupils may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 75 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must include the period during which the tax will be levied. The period may not exceed 20 years.

      2.  Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county with a school district whose enrollment is 25,000 pupils or more may levy a tax which, when combined with any tax imposed pursuant to NRS 387.3287, is not more than 50 cents on each $100 of assessed valuation of taxable property within the county. The question submitted to the registered voters must include the period during which the tax will be levied. The period may not exceed 20 years.

      3.  Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and, except as otherwise provided in NRS 387.3287, to be expended in the same manner as other money deposited in that fund.

      Sec. 2.  NRS 350.001 is hereby amended to read as follows:

      350.001  As used in NRS 350.002 to 350.006, inclusive, unless the context otherwise requires:


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

ê1995 Statutes of Nevada, Page 370 (Chapter 221, AB 72)ê

 

      1.  “Commission” means the general obligation bond commission created pursuant to NRS 350.002.

      2.  “General obligation debt” means debt which is legally payable from general revenues, as a primary or secondary source of repayment, and is backed by the full faith and credit of a governmental entity. The term includes debt represented by local government securities issued pursuant to this chapter and debt created for short-term financing pursuant to NRS 354.430 to 354.460, inclusive.

      3.  “Special elective tax” means a tax imposed pursuant to NRS 354.59817, 354.5982, 387.197, 387.3285 or 387.3287.

 

________

 

 

CHAPTER 222, AB 184

Assembly Bill No. 184–Committee on Ways and Means

CHAPTER 222

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

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $150,000 for certain costs of litigation involving the stream systems of the Truckee, Carson and Walker rivers and for costs related to consultants on the administration of water resources statewide.

      Sec. 2.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 371ê

 

CHAPTER 223, AB 186

Assembly Bill No. 186–Assemblyman Hettrick

CHAPTER 223

AN ACT relating to proceedings in criminal cases; expanding the definition of “victim” to include any relative of the victim; allowing a personal representative of the victim to appear at the sentencing of a criminal defendant; revising the provision regarding persons who are entitled to receive notice of the hearing to impose sentence; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.015 is hereby amended to read as follows:

      176.015  1.  Sentence must be imposed without unreasonable delay. Pending sentence the court may commit the defendant or continue or alter the bail.

      2.  Before imposing sentence the court shall:

      (a) Afford counsel an opportunity to speak on behalf of the defendant; and

      (b) Address the defendant personally and ask him if he wishes to make a statement in his own behalf and to present any information in mitigation of punishment.

      3.  Before imposing sentence the court shall afford the victim an opportunity to:

      (a) Appear personally , [or] by counsel [;] or by personal representative; and

      (b) Reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim and the need for restitution.

      4.  The prosecutor shall give [to the victim] reasonable notice of the hearing to impose sentence [.] to:

      (a) The person against whom the crime was committed;

      (b) A person who was injured as a direct result of the commission of the crime;

      (c) The surviving spouse, parents or children of a person who was killed as a direct result of the commission of the crime; and

      (d) Any other relative or victim who requests in writing to be notified of the hearing.

Any defect in notice or failure of [the victim] such persons to appear are not grounds for an appeal or the granting of a writ of habeas corpus.

      5.  For the purposes of this section [, “victim” has the meaning ascribed to it in NRS 213.005.] :

      (a) “Relative” of a person includes:

             (1) A spouse, parent, grandparent or stepparent;

             (2) A natural born child, stepchild or adopted child;

             (3) A grandchild, brother, sister, half brother or half sister; or

             (4) A parent of a spouse.

      (b) “Victim” includes:

             (1) A person, including a governmental entity, against whom a crime has been committed;


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

ê1995 Statutes of Nevada, Page 372 (Chapter 223, AB 186)ê

 

             (2) A person who has been injured or killed as a direct result of the commission of a crime; and

             (3) A relative of a person described in subparagraph (1) or (2).

      6.  This section does not restrict the authority of the court to consider any reliable and relevant evidence at the time of sentencing.

 

________

 

 

CHAPTER 224, AB 221

Assembly Bill No. 221–Committee on Ways and Means

CHAPTER 224

AN ACT relating to state government; making an appropriation to the real estate division of the department of business and industry for telephone and computer upgrades; making an appropriation to the employee-management relations board for certain office equipment; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the real estate division of the department of business and industry the sum of $31,730 for telephone and computer upgrades.

      Sec. 2.  There is hereby appropriated from the state general fund to the employee-management relations board created pursuant to NRS 288.080 the sum of $877 for office equipment.

      Sec. 3.  Any remaining balance of the appropriation made by section 1 or 2 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 4.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 225, AB 234

Assembly Bill No. 234–Committee on Ways and Means

CHAPTER 225

AN ACT making an appropriation to the division of water planning of the state department of conservation and natural resources for office equipment and computer hardware and software; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of water planning of the state department of conservation and natural resources the sum of $91,160 for office equipment and computer hardware and software.


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

ê1995 Statutes of Nevada, Page 373 (Chapter 225, AB 234)ê

 

resources the sum of $91,160 for office equipment and computer hardware and software.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 226, AB 239

Assembly Bill No. 239–Committee on Ways and Means

CHAPTER 226

AN ACT making an appropriation to the department of prisons for maintenance and minor construction projects; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the department of prisons the sum of $553,224 for maintenance and minor construction projects.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 374ê

 

CHAPTER 227, AB 308

Assembly Bill No. 308–Committee on Judiciary

 

(Requested by Washoe County Grand Jury)

CHAPTER 227

AN ACT relating to records of criminal history; authorizing the dissemination of such records to certain state and local agencies which provide protective services to children; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 179A.100 is hereby amended to read as follows:

      179A.100  1.  The following records of criminal history may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter:

      (a) Any which reflect records of conviction only; and

      (b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation.

      2.  Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:

      (a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.

      (b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      (c) Reported to the central repository.

      3.  An agency of criminal justice shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee or volunteer which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee or volunteer is currently within the system of criminal justice, including parole or probation.

      4.  The central repository shall disseminate to a prospective or current employer, upon request, information relating to sexual offenses concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information.

      5.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities:

      (a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.


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

ê1995 Statutes of Nevada, Page 375 (Chapter 227, AB 308)ê

 

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The state gaming control board.

      (d) The private investigator’s licensing board to investigate an applicant for a license.

      (e) A public administrator to carry out his duties as prescribed in chapter 253 of NRS.

      (f) A public guardian to investigate a ward or proposed ward or persons who may have knowledge of assets belonging to a ward or proposed ward.

      (g) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (h) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (i) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officers or agencies.

      (j) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (k) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (l) Prospective employers if the person who is the subject of the information has given written consent to the release of that information by the agency which maintains it.

      (m) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      (n) The division of child and family services of the department of human resources and any county agency that is operated pursuant to NRS 432B.325 or authorized by a court of competent jurisdiction to receive and investigate reports of abuse or neglect of children and which provides or arranges for protective services for such children.

      6.  Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the provisions of this chapter.

 

________


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

ê1995 Statutes of Nevada, Page 376ê

 

CHAPTER 228, AB 343

Assembly Bill No. 343–Committee on Commerce

CHAPTER 228

AN ACT relating to subdivided land; authorizing the administrator of the real estate division of the department of business and industry to impose a fine or suspend, revoke or place conditions upon the permit of a developer for engaging in certain conduct; authorizing the administrator to enter into an agreement with a developer to discontinue activities not in compliance with certain laws in lieu of issuing an order to cease and desist; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      The administrator may impose a fine or suspend, revoke or place conditions upon the property report, permit, partial registration, exemption or license issued pursuant to this chapter of a developer at any time if:

      1.  The developer obtained the property report, permit, partial registration, exemption or license by false or fraudulent representation; or

      2.  The developer violates any of the terms or conditions of the property report, permit, partial registration, exemption or license, the provisions of this chapter or the regulations adopted pursuant thereto.

The administrator shall not impose a fine of more than $5,000 pursuant to this section.

      Sec. 2.  NRS 119.190 is hereby amended to read as follows:

      119.190  Any broker, real estate salesman [, developer] or registered representative violating any provision of this chapter shall, in addition to any other penalty imposed by this chapter, have his license or registration suspended or revoked by the division for such time as in the circumstances it considers justified.

      Sec. 3.  NRS 119.260 is hereby amended to read as follows:

      119.260  1.  The administrator may issue orders directing persons to desist and refrain from engaging in activities for which they are not licensed under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter.

      2.  A person who has violated any of the provisions of this chapter shall not engage in any activity for which a license issued pursuant to this chapter is required after receiving an order in writing from the administrator directing him to desist and refrain from so doing.

      3.  Within 30 days after the receipt of such an order, the person may file a verified petition with the administrator for a hearing.

      4.  The administrator shall hold a hearing within 30 days after the petition has been filed. If the administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.

      5.  If the decision of the administrator after a hearing is against the person ordered to cease and desist, he may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity.


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

ê1995 Statutes of Nevada, Page 377 (Chapter 228, AB 343)ê

 

court for the county in which he conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the administrator in making the decision.

      6.  In lieu of issuing an order to cease and desist, if the developer is conducting activities in a manner not in compliance with the provisions of this chapter, the administrator may enter into an agreement with the developer in which the developer agrees to:

      (a) Discontinue the activities that are not in compliance with this chapter;

      (b) Pay all costs incurred by the division in investigating the developer’s activities and conducting any necessary hearing; and

      (c) Return to the purchasers any money or property which he acquired through such activities.

The terms of such an agreement are confidential unless violated by the developer.

      Sec. 4.  This act becomes effective on July 1, 1995.

 

________

 

 

CHAPTER 229, SB 215

Senate Bill No. 215–Committee on Finance

CHAPTER 229

AN ACT making an appropriation to the division of child and family services of the department of human resources for vehicles, equipment, supplies and building maintenance for certain youth bureaus; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of child and family services of the department of human resources the sum of $206,194 for vehicles, equipment, supplies and building maintenance for the Nevada youth training center bureau, Caliente youth center bureau and youth parole bureau.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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

ê1995 Statutes of Nevada, Page 378ê

 

CHAPTER 230, AB 448

Assembly Bill No. 448–Committee on Labor and Management

CHAPTER 230

AN ACT relating to unemployment compensation; requiring that federal individual income tax be deducted and withheld from unemployment compensation benefits upon the request of the recipient of the benefits; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:

      Upon the request of a person entitled to receive benefits pursuant to this chapter, the administrator shall deduct and withhold federal individual income tax from such benefits.

      Sec. 2.  This act becomes effective on January 1, 1977, if, on or before December 1, 1996, the governor declares that sufficient federal funding has been made available to the State of Nevada to support the program set forth in section 1 of this act.

 

________

 

 

CHAPTER 231, AB 453

Assembly Bill No. 453–Committee on Government Affairs

CHAPTER 231

AN ACT relating to public purchasing; revising certain provisions governing the procedure for appeal by a person making an unsuccessful bid or proposal for purchases by the state; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      The chief shall adopt regulations specifying the forms of security which may be submitted with a notice of appeal filed pursuant to NRS 333.370.

      Sec. 2.  NRS 333.370 is hereby amended to read as follows:

      333.370  1.  Any person who makes an unsuccessful bid or proposal may file a notice of appeal with the using agency on behalf of which the bid or proposal was solicited and with the hearings division of the department of administration within 10 days after [the] :

      (a) The date of award as entered on the bid record [by posting] ; and

      (b) The notice of award has been posted in at least three public buildings, including the location of the using agency.

The notice of appeal must include a written statement of the issues to be addressed on appeal.


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

ê1995 Statutes of Nevada, Page 379 (Chapter 231, AB 453)ê

 

      2.  A person filing a notice of appeal shall post a bond with good and solvent surety authorized to do business in this state or [submitting a certified check or cashier’s check to the division] submit other security, in a form approved by the chief by regulation, to the head of the using agency, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted. [A bond must be furnished by a surety authorized to do business in this state. Within 10]

      3.  If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the chief shall provide:

      (a) The estimated total value of the contract; or

      (b) The method for determining the estimated total value of the contract, based on records of past experience and estimates of anticipated requirements furnished by the using agency.

      4.  Within 20 days after receipt of the notice of appeal, [the director] a hearing officer of the hearings division of the department of administration shall hold a contested hearing on the appeal [and] in substantial compliance with the provisions of NRS 233B.121 to 233B.1235, inclusive, 233B.125 and 233B.126. The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing if, within 10 days after receiving notice of the hearing, he files a notice of intent to participate in the hearing with:

      (a) The hearing officer;

      (b) The using agency; and

      (c) The person who filed the notice of appeal.

      5.  The hearing officer may cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires readvertising for bids and a new award in accordance with the provisions of this chapter.

      [2.] 6.  Any notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal.

      [3.] 7.  A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal.

      8.  The chief may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the purchasing division or the using agency until a determination is made on the appeal.

      [4.  No division or department] With the approval of the chief, the using agency may make such purchases for the agency.

      9.  Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the state is liable for any [expense incurred by or] costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal [.]


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

ê1995 Statutes of Nevada, Page 380 (Chapter 231, AB 453)ê

 

or] costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal [.] , whether or not the person files a notice of appeal pursuant to this section.

      10.  If the appeal is upheld and the award is canceled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the using agency to the hearings division of the department of administration in an amount equal to the expenses incurred and other monetary losses suffered by the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.

      Sec. 3.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Section 2 of this act becomes effective on October 1, 1995.

 

________

 

 

CHAPTER 232, AB 478

Assembly Bill No. 478–Committee on Commerce

CHAPTER 232

AN ACT relating to sales of real property; requiring a seller of certain residential property to disclose information regarding zoning and the master plan to an initial purchaser; extending the application of certain requirements concerning sellers of certain residential property; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 113.070 is hereby amended to read as follows:

      113.070  1.  Before the initial purchaser of a residence signs a sales agreement, the seller shall, by separate written document, disclose to him the zoning designations and the designations in the master plan regarding land use, adopted pursuant to chapter 278 of NRS for the adjoining parcels of land. If the residence is located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the unit of the subdivision in which the residence is located. If the residence is located on land divided by a parcel map and not located within a subdivision, the disclosure must be made regarding all parcels of land adjoining the parcel map. Such a disclosure must be made regardless of whether the adjoining parcels are owned by the seller. The seller shall retain a copy of the disclosure document which has been signed by the purchaser acknowledging the date of receipt by the purchaser of the original document.

      2.  The [zoning] information contained in the document must:


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

ê1995 Statutes of Nevada, Page 381 (Chapter 232, AB 478)ê

 

      (a) Be updated no less than once every 6 months, if the information is available from the local government;

      (b) Advise the purchaser that the master plan and zoning ordinances and regulations adopted pursuant to the master plan are subject to change; and

      (c) Provide the purchaser with instructions on how to obtain more current information.

      3.  As used in this section, “seller” means a person who sells or attempts to sell any land or tract of land in this state which is divided or proposed to be divided over any period into [10] two or more lots, parcels, units or interests, including, but not limited to, undivided interests, which are offered, known, designated or advertised as a common unit by a common name or as a part of a common promotional plan of advertising and sale.

 

________

 

 

CHAPTER 233, AB 469

Assembly Bill No. 469–Assemblymen Stroth, Monaghan, Manendo, Ohrenschall, Steel, Carpenter, Buckley, Sandoval, Anderson, Allard, Ernaut, Bennett and Braunlin

CHAPTER 233

AN ACT relating to the death penalty; allowing certain relatives of a victim of murder to request to be notified of and attend the execution of the death penalty; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 176 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If after a conviction for murder a judgment of death has been pronounced, each member of the immediate family of the victim who is 21 years of age or older may submit a written request to the director to be informed of the time, date and place scheduled for the execution of the sentence of death. The request for notification may be accompanied by a written request to attend or nominate a representative to attend the execution.

      2.  As used in this section, “immediate family” means persons who are related by blood, adoption or marriage, within the second degree of consanguinity or affinity.

      Sec. 2.  NRS 176.355 is hereby amended to read as follows:

      176.355  1.  The judgment of death must be inflicted by an injection of a lethal drug.

      2.  The director of the department of prisons shall:

      (a) Execute a sentence of death within the week, the first day being Monday and the last day being Sunday, that the judgment is to be executed, as designated by the district court. The director may execute the judgment at any time during that week if a stay of execution is not entered by a court of appropriate jurisdiction.


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ê1995 Statutes of Nevada, Page 382 (Chapter 233, AB 469)ê

 

      (b) Select the drug or combination of drugs to be used for the execution after consulting with the state health officer.

      (c) Be present at the execution.

      (d) Notify those members of the immediate family of the victim who have, pursuant to section 1 of this act, requested to be informed of the time, date and place scheduled for the execution.

      (e) Invite a competent physician , the county coroner, a psychiatrist and not less than six [nor more than nine] reputable citizens over the age of 21 years [,] to be present at the execution. The director shall determine the maximum number of persons who may be present for the execution. The director shall give preference to those eligible members or representatives of the immediate family of the victim who requested, pursuant to section 1 of this act, to attend the execution.

      3.  The execution must take place at the state prison.

      4.  [No] A person who has not been invited by the director may not witness the execution.

 

________

 

 

CHAPTER 234, SB 180

Senate Bill No. 180–Committee on Commerce and Labor

CHAPTER 234

AN ACT relating to the state public works board; requiring the board to apply for rebates that are available from public utilities for installing devices designed to decrease the use of energy in state buildings; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 341.145 is hereby amended to read as follows:

      341.145  The board:

      1.  After consulting with the interim finance committee, has final authority for approval as to the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      2.  Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the board shall apply for the rebate.

      3.  Shall solicit bids for and let all contracts for new construction or major repairs.

      [3.] 4.  May negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:

      (a) The bid is less than the appropriation made by the legislature for that building project; and

      (b) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.

      [4.] 5.  May reject any or all bids.


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ê1995 Statutes of Nevada, Page 383 (Chapter 234, SB 180)ê

 

      [5.] 6.  After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the legislature.

      [6.] 7.  May authorize change orders, before or during construction:

      (a) In any amount, where the change represents a reduction in the awarded contract price.

      (b) Not to exceed in the aggregate 10 percent of the total awarded contract price, where the change represents an increase in that price.

      [7.] 8.  Has final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.

 

________

 

 

CHAPTER 235, SB 212

Senate Bill No. 212–Committee on Finance

CHAPTER 235

AN ACT making an appropriation to the health division of the department of human resources for various equipment; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the health division of the department of human resources the sum of $1,361,521 for various equipment.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 384ê

 

CHAPTER 236, SB 206

Senate Bill No. 206–Committee on Finance

CHAPTER 236

AN ACT making an appropriation to the budget division of the department of administration for enhancements to the executive budget system; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the budget division of the department of administration the sum of $275,000 for enhancements to the executive budget system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________

 

 

CHAPTER 237, SB 209

Senate Bill No. 209–Committee on Finance

CHAPTER 237

AN ACT making an appropriation to the division of economic development of the commission on economic development for replacement of the telephone system; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the state general fund to the division of economic development of the commission on economic development the sum of $16,200 for replacement of the existing outdated telephone system.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1997, and reverts to the state general fund as soon as all payments of money committed have been made.

      Sec. 3.  This act becomes effective upon passage and approval or on June 30, 1995, whichever occurs earlier.

 

________


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ê1995 Statutes of Nevada, Page 385ê

 

CHAPTER 238, SB 343

Senate Bill No. 343–Committee on Commerce and Labor

CHAPTER 238

AN ACT relating to public utilities; establishing the authority of the public service commission of Nevada, the advocate for customers of public utilities and the department of motor vehicles and public safety to examine the personnel records of an employee of a public utility, motor carrier or broker; authorizing the commission to prohibit the disclosure of certain information concerning a public utility; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any books, accounts, records, minutes, papers and property of any public utility, motor carrier or broker that are subject to examination pursuant to NRS 703.190 or 703.195 and are made available to the commission, any officer or employee of the commission, the advocate for customers of public utilities or any other person under the condition that the disclosure of such information to the public be withheld or otherwise limited, must not be disclosed to the public unless the commission first determines that the disclosure is justified.

      2.  The commission shall take such actions as are necessary to protect the confidentiality of such information, including, without limitation:

      (a) Granting such protective orders as it deems necessary; and

      (b) Holding closed hearings to receive or examine such information.

      3.  If the commission closes a hearing to receive or examine such information, it shall:

      (a) Restrict access to the records and transcripts of such hearings without the prior approval of the commission or an order of a court of competent jurisdiction authorizing access to the records or transcripts; and

      (b) Prohibit any participant at such a hearing from disclosing such information without the prior authorization of the commission.

      4.  A representative of the staff of the commission and the office of the advocate for customers of public utilities:

      (a) May attend any closed hearing held pursuant to this section; and

      (b) Have access to any records or other information determined to be confidential pursuant to this section.

      5.  The commission shall consider in an open meeting whether the information reviewed or examined in a closed hearing may be disclosed without revealing the confidential subject matter of the information. To the extent the commission determines the information may be disclosed, the information must become a part of the records available to the public. Information which the commission determines may not be disclosed must be kept under seal.

      Sec. 2.  NRS 703.190 is hereby amended to read as follows:

      703.190  [All]

      1.  Except as otherwise provided in this section, all biennial reports, records, proceedings, papers and files of the commission [shall] must be open at all reasonable times to the public .


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ê1995 Statutes of Nevada, Page 386 (Chapter 238, SB 343)ê

 

at all reasonable times to the public . [; but when it is necessary to the public interest, the commission may withhold any facts or information in its possession for a period not to exceed 90 days.]

      2.  The commission shall, upon receipt of a request from a public utility, prohibit the disclosure of any information in its possession concerning the public utility if the commission determines that the information would otherwise be entitled to protection as a trade secret or confidential commercial information pursuant to NRS 49.325 or 600A.070 or Rule 26(c)(7) of the Nevada Rules of Civil Procedure. Upon making such a determination, the commission shall establish the period during which the information must not be disclosed and a procedure for protecting the information during and after that period.

      Sec. 3.  NRS 703.195 is hereby amended to read as follows:

      703.195  [Any]

      1.  Except as otherwise provided in subsection 2, any commissioner or any officer or employee of the commission who is designated by the commission, may examine during regular business hours the books, accounts, records, minutes, papers and property of any public utility, motor carrier or broker who does business in this state, whether or not the book, account, record, minutes, paper or property is located within the state.

      2.  No personnel records of an employee may be examined pursuant to subsection 1 unless the records contain information relating to a matter of public safety or the commission determines that the examination is required to protect the interests of the public.

      3.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.

      Sec. 4.  NRS 703.330 is hereby amended to read as follows:

      703.330  1.  A complete record must be kept of all hearings before the commission, and all testimony must be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The commission may by regulation provide for the transcription or safekeeping of sound recordings. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310 must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the state or municipal organization, the complainant is not liable for any costs.


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ê1995 Statutes of Nevada, Page 387 (Chapter 238, SB 343)ê

 

liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.

      2.  Whenever any complaint is served upon the commission as provided in NRS 703.373 for the bringing of an action against the commission, before the action is reached for trial, the commission shall file a certified copy of all proceedings and testimony taken with the clerk of the court in which the action is pending.

      3.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount, to be fixed by the commission, and the amount must be the same for all parties.

      4.  The provisions of this section do not prohibit the commission from restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of section 1 of this act.

      Sec. 5.  NRS 706.171 is hereby amended to read as follows:

      706.171  1.  The commission and the department may:

      [1.] (a) Make necessary and reasonable regulations governing the administration and enforcement of the provisions of this chapter for which they are each responsible.

      [2.] (b) Adopt by reference any appropriate rule or regulation, as it exists at the time of adoption, issued by the United States Department of Transportation, the Interstate Commerce Commission, any other agency of the Federal Government, or the National Association of Regulatory [and] Utility Commissioners.

      [3.] (c) Require such reports and the maintenance of such records as they determine to be necessary for the administration and enforcement of this chapter.

      [4.  Examine,]

      (d) Except as otherwise provided in this section, examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state. The commission and the department may examine in other states or require by subpoena the production inside this state of such books, papers and records as are not maintained in this state.

      [5.] (e) Temporarily waive any certificate or permit requirement when an emergency exists as defined in NRS 706.561.

      2.  No personnel records of an employee of a common, contract or private motor carrier may be examined pursuant to paragraph (d) of subsection 1 unless the records contain information relating to a matter of public safety or the commission and the department determine that the examination is required to protect the interests of the public.

      3.  As used in this section, “personnel records” does not include:

      (a) The name of the employee who is the subject of the record;

      (b) The gross compensation and perquisites of the employee;

      (c) Any record of the business expenses of the employee;


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ê1995 Statutes of Nevada, Page 388 (Chapter 238, SB 343)ê

 

      (d) The title or any description of the position held by the employee;

      (e) The qualifications required for the position held by the employee;

      (f) The business address of the employee;

      (g) The telephone number of the employee at his place of business;

      (h) The work schedule of the employee;

      (i) The date on which the employee began his employment; and

      (j) If applicable, the date on which the employment of the employee was terminated.

 

________

 

 

CHAPTER 239, SB 460

Senate Bill No. 460–Committee on Government Affairs

CHAPTER 239

AN ACT relating to public financial administration; requiring certain agencies to report on whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted by the director of the department of administration; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

      2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the legislature.

      Sec. 2.  This act becomes effective on July 1, 1995.

 

________


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ê1995 Statutes of Nevada, Page 389ê

 

CHAPTER 240, AB 403

Assembly Bill No. 403–Committee on Government Affairs

CHAPTER 240

AN ACT relating to government securities; revising the definition of “allocable local revenues” for purposes of the provisions governing the issuance of state securities to acquire revenue securities issued by a municipality; providing that a pledge of allocable local revenues for the payment of a revenue security does not cause the revenue security to become a debt of the state; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 350A of NRS is hereby amended by adding thereto a new section to read as follows:

      A pledge of allocable local revenues for the payment of a revenue security pursuant to the provisions of this chapter does not cause the revenue security to be a debt of the state.

      Sec. 2.  NRS 350A.025 is hereby amended to read as follows:

      350A.025  “Allocable local revenues” means amounts received by the state which are payable to a municipality and which are designated as allocable by the municipality in the instrument authorizing the revenue security with respect to a particular lending project. [The term does not include money derived from state taxation unless the supreme court of this state has adjudged that the use for this purpose of money derived from state taxation will not cause the revenue security to be a debt of the state, or money which is pledged to other securities or obligations of the municipality unless that money can be used without adversely affecting the pledge.]

 

________

 

 

CHAPTER 241, AB 382

Assembly Bill No. 382–Committee on Government Affairs

CHAPTER 241

AN ACT relating to local improvement districts; authorizing the waiver of certain rights and procedures by owners of assessable property within a district; authorizing the addition of certain improvements to existing contracts for construction work without compliance with requirements for competitive bidding; authorizing the application of credits against payments of assessments that are due under certain circumstances; and providing other matters properly relating thereto.

 

[Approved June 15, 1995]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      After notice is published by the governing body pursuant to NRS 271.305:


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ê1995 Statutes of Nevada, Page 390 (Chapter 241, AB 382)ê

 

      1.  In the case of a change in the project as described in subsection 2, the owner of the property that will be assessed for the cost of the additional work may at any time waive in writing:

      (a) The requirements of subsection 9 of NRS 271.305 and subsection 4 of NRS 271.325;

      (b) The requirements regarding notice and hearing of NRS 271.305, 271.310, 271.380, 271.385 and 271.415 relating to the change; and

      (c) The 30-day period for payment provided in NRS 271.405.

Notwithstanding any other requirement set forth in this chapter, the governing body is not required to comply with any provision waived pursuant to this subsection.

      2.  The governing body may add to an existing contract for construction work any improvement whic